SB2394eng 104TH GENERAL ASSEMBLY

SB2394 Engrossed LRB104 09208 AMC 19265 b

AN ACT to revise the law by combining multiple enactments and making technical corrections.

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

Section 1. Nature of this Act.

(a) This Act may be cited as the First 2025 General Revisory Act.

(b) This Act is not intended to make any substantive change in the law. It reconciles conflicts that have arisen from multiple amendments and enactments and makes technical corrections and revisions in the law.

This Act revises and, where appropriate, renumbers certain Sections that have been added or amended by more than one Public Act. In certain cases in which a repealed Act or Section has been replaced with a successor law, this Act may incorporate amendments to the repealed Act or Section into the successor law. This Act also corrects errors, revises cross-references, and deletes obsolete text.

(c) In this Act, the reference at the end of each amended Section indicates the sources in the Session Laws of Illinois that were used in the preparation of the text of that Section. The text of the Section included in this Act is intended to include the different versions of the Section found in the Public Acts included in the list of sources, but may not include other versions of the Section to be found in Public Acts not included in the list of sources. The list of sources is not a part of the text of the Section.

(d) Public Acts 103-584 through 103-1059 were considered in the preparation of the combining revisories included in this Act. Many of those combining revisories contain no striking or underscoring because no additional changes are being made in the material that is being combined.

Section 5. The Statute on Statutes is amended by changing Section 1.33 as follows:

(5 ILCS 70/1.33) (from Ch. 1, par. 1034)

Sec. 1.33. Whenever there is a reference in any Act to the School Construction Bond Act, or the Illinois Coal and Energy Development Bond Act, such reference shall be interpreted to include the General Obligation Bond Act.

(Source: P.A. 103-616, eff. 7-1-24; revised 10-23-24.)

Section 10. The Regulatory Sunset Act is amended by changing Sections 4.39 and 4.40 as follows:

(5 ILCS 80/4.39)

Sec. 4.39. Acts and Section repealed on January 1, 2029 and December 31, 2029.

(a) The following Acts and Section are repealed on January 1, 2029:

The Electrologist Licensing Act.

The Environmental Health Practitioner Licensing Act.

The Illinois Occupational Occupation Therapy Practice Act.

The Crematory Regulation Act.

The Illinois Public Accounting Act.

The Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

Section 2.5 of the Illinois Plumbing License Law.

The Veterinary Medicine and Surgery Practice Act of 2004.

The Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act.

(b) The following Act is repealed on December 31, 2029:

The Structural Pest Control Act.

(Source: P.A. 103-251, eff. 6-30-23; 103-253, eff. 6-30-23; 103-309, eff. 7-28-23; 103-387, eff. 7-28-23; 103-505, eff. 8-4-23; 103-605, eff. 7-1-24; revised 10-24-24.)

(5 ILCS 80/4.40)

Sec. 4.40. Acts repealed on January 1, 2030. The following Acts are repealed on January 1, 2030:

The Auction License Act.

The Genetic Counselor Licensing Act.

The Illinois Architecture Practice Act of 1989.

The Illinois Certified Shorthand Reporters Act of 1984.

The Illinois Professional Land Surveyor Act of 1989.

The Orthotics, Prosthetics, and Pedorthics Practice Act.

The Perfusionist Practice Act.

The Professional Engineering Practice Act of 1989.

The Real Estate License Act of 2000.

The Structural Engineering Practice Act of 1989.

(Source: P.A. 102-558, eff. 8-20-21; 103-763, eff. 1-1-25; 103-816, eff. 8-9-24; revised 11-26-24.)

(5 ILCS 80/4.35 rep.)

Section 12. The Regulatory Sunset Act is amended by repealing Section 4.35.

Section 15. The Illinois Administrative Procedure Act is amended by changing Section 5-45.52 and by setting forth, renumbering, and changing multiple versions of Section 5-45.55 as follows:

(5 ILCS 100/5-45.52)

(Section scheduled to be repealed on August 4, 2025)

Sec. 5-45.52. Emergency rulemaking; Public Act 103-568. To provide for the expeditious and timely implementation of Public Act 103-568, emergency rules implementing Public Act 103-568 may be adopted in accordance with Section 5-45 by the Department of Financial and Professional Regulation. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed on August 4, 2025 on December 8, 2024 (Public Act 103-568).

(Source: P.A. 103-568, eff. 12-8-23; 103-601, eff. 7-1-24; 103-605, eff. 7-1-24; revised 7-23-24.)

(5 ILCS 100/5-45.55)

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

Sec. 5-45.55. Emergency rulemaking; the Department of Natural Resources. To provide for the expeditious and timely implementation of Section 13 of the Rivers, Lakes, and Streams Act, emergency rules implementing Section 13 of the Rivers, Lakes, and Streams Act may be adopted in accordance with Section 5-45 by the Department of Natural Resources. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed January 1, 2026 (one year after the effective date of Public Act 103-905) this amendatory Act of the 103rd General Assembly.

(Source: P.A. 103-905, eff. 1-1-25; revised 12-3-24.)

(5 ILCS 100/5-45.58)

(Section scheduled to be repealed on June 5, 2025)

Sec. 5-45.58 5-45.55. Emergency rulemaking; Substance Use Disorder Act. To provide for the expeditious and timely implementation of the changes made to Section 55-30 of the Substance Use Disorder Act by Public Act 103-588 this amendatory Act of the 103rd General Assembly, emergency rules implementing the changes made to that Section by Public Act 103-588 this amendatory Act of the 103rd General Assembly may be adopted in accordance with Section 5-45 by the Department of Human Services or other department essential to the implementation of the changes. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed June 5, 2025 (one year after the effective date of this Section).

(Source: P.A. 103-588, eff. 6-5-24; revised 10-3-24.)

(5 ILCS 100/5-45.59)

(Section scheduled to be repealed on June 7, 2025)

Sec. 5-45.59 5-45.55. Emergency rulemaking; Medicaid hospital rate updates. To provide for the expeditious and timely implementation of the changes made to Section 14-12.5 of the Illinois Public Aid Code by Public Act 103-593 this amendatory Act of the 103rd General Assembly, emergency rules implementing the changes made by Public Act 103-593 this amendatory Act of the 103rd General Assembly to Section 14-12.5 of the Illinois Public Aid Code may be adopted in accordance with Section 5-45 by the Department of Healthcare and Family Services. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed June 7, 2025 (one year after the effective date of Public Act 103-593) this amendatory Act of the 103rd General Assembly.

(Source: P.A. 103-593, eff. 6-7-24; revised 10-7-24.)

(5 ILCS 100/5-45.60)

Sec. 5-45.60 5-45.55. Emergency rulemaking; Network Adequacy and Transparency Act. To provide for the expeditious and timely implementation of the Network Adequacy and Transparency Act, emergency rules implementing federal standards for provider ratios, travel time and distance, and appointment wait times if such standards apply to health insurance coverage regulated by the Department of Insurance and are more stringent than the State standards extant at the time the final federal standards are published may be adopted in accordance with Section 5-45 by the Department of Insurance. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

(Source: P.A. 103-650, eff. 1-1-25; revised 12-3-24.)

Section 20. The Freedom of Information Act is amended by changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

(a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

(b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.

(c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmitted infection or any information the disclosure of which is restricted under the Illinois Sexually Transmitted Infection Control Act.

(e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

(h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.

(i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution of surcharge moneys collected and remitted by carriers under the Emergency Telephone System Act.

(k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

(n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act (repealed). This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

(o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the Civil Administrative Code of Illinois, the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act, or the St. Clair County Transit District under the Bi-State Transit Safety Act (repealed).

(q) Information prohibited from being disclosed by the Personnel Record Review Act.

(r) Information prohibited from being disclosed by the Illinois School Student Records Act.

(s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

(t) (Blank).

(u) Records and information provided to an independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law).

(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.

(v-5) Records of the Firearm Owner's Identification Card Review Board that are exempted from disclosure under Section 10 of the Firearm Owners Identification Card Act.

(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.

(aa) Information which is exempted from disclosure under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement Officer-Worn Body Camera Act, except to the extent authorized under that Act.

(dd) Information that is prohibited from being disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.

(ee) Information that is exempted from disclosure under Section 30.1 of the Pharmacy Practice Act.

(ff) Information that is exempted from disclosure under the Revised Uniform Unclaimed Property Act.

(gg) Information that is prohibited from being disclosed under Section 7-603.5 of the Illinois Vehicle Code.

(hh) Records that are exempt from disclosure under Section 1A-16.7 of the Election Code.

(ii) Information which is exempted from disclosure under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.

(jj) Information and reports that are required to be submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.

(kk) Information prohibited from disclosure under the Seizure and Forfeiture Reporting Act.

(ll) Information the disclosure of which is restricted and exempted under Section 5-30.8 of the Illinois Public Aid Code.

(mm) Records that are exempt from disclosure under Section 4.2 of the Crime Victims Compensation Act.

(nn) Information that is exempt from disclosure under Section 70 of the Higher Education Student Assistance Act.

(oo) Communications, notes, records, and reports arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.

(pp) Names and all identifying information relating to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.

(qq) Information and records held by the Department of Public Health and its authorized representatives collected under the Reproductive Health Act.

(rr) Information that is exempt from disclosure under the Cannabis Regulation and Tax Act.

(ss) Data reported by an employer to the Department of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.

(tt) Recordings made under the Children's Advocacy Center Act, except to the extent authorized under that Act.

(uu) Information that is exempt from disclosure under Section 50 of the Sexual Assault Evidence Submission Act.

(vv) Information that is exempt from disclosure under subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.

(ww) Information that is exempt from disclosure under Section 16.8 of the State Treasurer Act.

(xx) Information that is exempt from disclosure or information that shall not be made public under the Illinois Insurance Code.

(yy) Information prohibited from being disclosed under the Illinois Educational Labor Relations Act.

(zz) Information prohibited from being disclosed under the Illinois Public Labor Relations Act.

(aaa) Information prohibited from being disclosed under Section 1-167 of the Illinois Pension Code.

(bbb) Information that is prohibited from disclosure by the Illinois Police Training Act and the Illinois State Police Act.

(ccc) Records exempt from disclosure under Section 2605-304 of the Illinois State Police Law of the Civil Administrative Code of Illinois.

(ddd) Information prohibited from being disclosed under Section 35 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.

(eee) Information prohibited from being disclosed under subsection (b) of Section 75 of the Domestic Violence Fatality Review Act.

(fff) Images from cameras under the Expressway Camera Act. This subsection (fff) is inoperative on and after July 1, 2025.

(ggg) Information prohibited from disclosure under paragraph (3) of subsection (a) of Section 14 of the Nurse Agency Licensing Act.

(hhh) Information submitted to the Illinois State Police in an affidavit or application for an assault weapon endorsement, assault weapon attachment endorsement, .50 caliber rifle endorsement, or .50 caliber cartridge endorsement under the Firearm Owners Identification Card Act.

(iii) Data exempt from disclosure under Section 50 of the School Safety Drill Act.

(jjj) Information exempt from disclosure under Section 30 of the Insurance Data Security Law.

(kkk) Confidential business information prohibited from disclosure under Section 45 of the Paint Stewardship Act.

(lll) Data exempt from disclosure under Section 2-3.196 of the School Code.

(mmm) Information prohibited from being disclosed under subsection (e) of Section 1-129 of the Illinois Power Agency Act.

(nnn) Materials received by the Department of Commerce and Economic Opportunity that are confidential under the Music and Musicians Tax Credit and Jobs Act.

(ooo) (nnn) Data or information provided pursuant to Section 20 of the Statewide Recycling Needs and Assessment Act.

(ppp) (nnn) Information that is exempt from disclosure under Section 28-11 of the Lawful Health Care Activity Act.

(qqq) (nnn) Information that is exempt from disclosure under Section 7-101 of the Illinois Human Rights Act.

(rrr) (mmm) Information prohibited from being disclosed under Section 4-2 of the Uniform Money Transmission Modernization Act.

(sss) (nnn) Information exempt from disclosure under Section 40 of the Student-Athlete Endorsement Rights Act.

(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; revised 11-26-24.)

Section 25. The Illinois Public Labor Relations Act is amended by changing Sections 5 and 15 as follows:

(5 ILCS 315/5) (from Ch. 48, par. 1605)

Sec. 5. Illinois Labor Relations Board; State Panel; Local Panel.

(a) There is created the Illinois Labor Relations Board. The Board shall be comprised of 2 panels, to be known as the State Panel and the Local Panel.

(a-5) The State Panel shall have jurisdiction over collective bargaining matters between employee organizations and the State of Illinois, excluding the General Assembly of the State of Illinois, between employee organizations and units of local government and school districts with a population not in excess of 2 million persons, and between employee organizations and the Regional Transportation Authority.

The State Panel shall consist of 5 members appointed by the Governor, with the advice and consent of the Senate. The Governor shall appoint to the State Panel only persons who have had a minimum of 5 years of experience directly related to labor and employment relations in representing public employers, private employers, or labor organizations; or teaching labor or employment relations; or administering executive orders or regulations applicable to labor or employment relations. At the time of his or her appointment, each member of the State Panel shall be an Illinois resident. The Governor shall designate one member to serve as the Chairman of the State Panel and the Board.

Notwithstanding any other provision of this Section, the term of each member of the State Panel who was appointed by the Governor and is in office on June 30, 2003 shall terminate at the close of business on that date or when all of the successor members to be appointed pursuant to Public Act 93-509 this amendatory Act of the 93rd General Assembly have been appointed by the Governor, whichever occurs later. As soon as possible, the Governor shall appoint persons to fill the vacancies created by this amendatory Act.

The initial appointments under Public Act 93-509 this amendatory Act of the 93rd General Assembly shall be for terms as follows: The Chairman shall initially be appointed for a term ending on the 4th Monday in January, 2007; 2 members shall be initially appointed for terms ending on the 4th Monday in January, 2006; one member shall be initially appointed for a term ending on the 4th Monday in January, 2005; and one member shall be initially appointed for a term ending on the 4th Monday in January, 2004. Each subsequent member shall be appointed for a term of 4 years, commencing on the 4th Monday in January. Upon expiration of the term of office of any appointive member, that member shall continue to serve until a successor shall be appointed and qualified. In case of a vacancy, a successor shall be appointed to serve for the unexpired portion of the term. If the Senate is not in session at the time the initial appointments are made, the Governor shall make temporary appointments in the same manner successors are appointed to fill vacancies. A temporary appointment shall remain in effect no longer than 20 calendar days after the commencement of the next Senate session.

(b) The Local Panel shall have jurisdiction over collective bargaining agreement matters between employee organizations and units of local government with a population in excess of 2 million persons, but excluding the Regional Transportation Authority.

The Local Panel shall consist of one person appointed by the Governor with the advice and consent of the Senate (or, if no such person is appointed, the Chairman of the State Panel) and two additional members, one appointed by the Mayor of the City of Chicago and one appointed by the President of the Cook County Board of Commissioners. Appointees to the Local Panel must have had a minimum of 5 years of experience directly related to labor and employment relations in representing public employers, private employers, or labor organizations; or teaching labor or employment relations; or administering executive orders or regulations applicable to labor or employment relations. Each member of the Local Panel shall be an Illinois resident at the time of his or her appointment. The member appointed by the Governor (or, if no such person is appointed, the Chairman of the State Panel) shall serve as the Chairman of the Local Panel.

Notwithstanding any other provision of this Section, the term of the member of the Local Panel who was appointed by the Governor and is in office on June 30, 2003 shall terminate at the close of business on that date or when his or her successor has been appointed by the Governor, whichever occurs later. As soon as possible, the Governor shall appoint a person to fill the vacancy created by this amendatory Act. The initial appointment under Public Act 93-509 this amendatory Act of the 93rd General Assembly shall be for a term ending on the 4th Monday in January, 2007.

The initial appointments under Public Act 91-798 this amendatory Act of the 91st General Assembly shall be for terms as follows: The member appointed by the Governor shall initially be appointed for a term ending on the 4th Monday in January, 2001; the member appointed by the President of the Cook County Board shall be initially appointed for a term ending on the 4th Monday in January, 2003; and the member appointed by the Mayor of the City of Chicago shall be initially appointed for a term ending on the 4th Monday in January, 2004. Each subsequent member shall be appointed for a term of 4 years, commencing on the 4th Monday in January. Upon expiration of the term of office of any appointive member, the member shall continue to serve until a successor shall be appointed and qualified. In the case of a vacancy, a successor shall be appointed by the applicable appointive authority to serve for the unexpired portion of the term.

(c) Three members of the State Panel shall at all times constitute a quorum. Two members of the Local Panel shall at all times constitute a quorum. A vacancy on a panel does not impair the right of the remaining members to exercise all of the powers of that panel. Each panel shall adopt an official seal which shall be judicially noticed. The salary of the Chairman of the State Panel shall be $82,429 per year, or as set by the Compensation Review Board, whichever is greater, and that of the other members of the State and Local Panels shall be $74,188 per year, or as set by the Compensation Review Board, whichever is greater.

(d) Each member shall devote his or her entire time to the duties of the office, and shall hold no other office or position of profit, nor engage in any other business, employment, or vocation. No member shall hold any other public office or be employed as a labor or management representative by the State or any political subdivision of the State or of any department or agency thereof, or actively represent or act on behalf of an employer or an employee organization or an employer in labor relations matters. Any member of the State Panel may be removed from office by the Governor for inefficiency, neglect of duty, misconduct or malfeasance in office, and for no other cause, and only upon notice and hearing. Any member of the Local Panel may be removed from office by the applicable appointive authority for inefficiency, neglect of duty, misconduct or malfeasance in office, and for no other cause, and only upon notice and hearing.

(e) Each panel at the end of every State fiscal year shall make a report in writing to the Governor and the General Assembly, stating in detail the work it has done to carry out the policy of the Act in hearing and deciding cases and otherwise. Each panel's report shall include:

(1) the number of unfair labor practice charges filed during the fiscal year;

(2) the number of unfair labor practice charges resolved during the fiscal year;

(3) the total number of unfair labor charges pending before the Board at the end of the fiscal year;

(4) the number of unfair labor charge cases at the end of the fiscal year that have been pending before the Board between 1 and 100 days, 101 and 150 days, 151 and 200 days, 201 and 250 days, 251 and 300 days, 301 and 350 days, 351 and 400 days, 401 and 450 days, 451 and 500 days, 501 and 550 days, 551 and 600 days, 601 and 650 days, 651 and 700 days, and over 701 days;

(5) the number of representation cases and unit clarification cases filed during the fiscal year;

(6) the number of representation cases and unit clarification cases resolved during the fiscal year;

(7) the total number of representation cases and unit clarification cases pending before the Board at the end of the fiscal year;

(8) the number of representation cases and unit clarification cases at the end of the fiscal year that have been pending before the Board between 1 and 120 days, 121 and 180 days, and over 180 days; and

(9) the Board's progress in meeting the timeliness goals established pursuant to the criteria in subsection (j) of Section 11 of this Act; the report shall include, but is not limited to:

(A) the average number of days taken to complete investigations and issue complaints, dismissals, or deferrals;

(B) the average number of days taken for the Board to issue decisions on appeals of dismissals or deferrals;

(C) the average number of days taken to schedule a hearing on complaints once issued;

(D) the average number of days taken to issue a recommended decision and order once the record is closed;

(E) the average number of days taken for the Board to issue final decisions on recommended decisions when where exceptions have been filed;

(F) the average number of days taken for the Board to issue final decisions decision on recommended decisions when no exceptions have been filed; and

(G) in cases where the Board was unable to meet the timeliness goals established in subsection (j) of Section 11, an explanation as to why the goal was not met.

(f) In order to accomplish the objectives and carry out the duties prescribed by this Act, a panel or its authorized designees may hold elections to determine whether a labor organization has majority status; investigate and attempt to resolve or settle charges of unfair labor practices; hold hearings in order to carry out its functions; develop and effectuate appropriate impasse resolution procedures for purposes of resolving labor disputes; require the appearance of witnesses and the production of evidence on any matter under inquiry; and administer oaths and affirmations. The panels shall sign and report in full an opinion in every case which they decide.

(g) Each panel may appoint or employ an executive director, attorneys, hearing officers, mediators, fact-finders, arbitrators, and such other employees as it may deem necessary to perform its functions. The governing boards shall prescribe the duties and qualifications of such persons appointed and, subject to the annual appropriation, fix their compensation and provide for reimbursement of actual and necessary expenses incurred in the performance of their duties. The Board shall employ a minimum of 16 attorneys and 6 investigators.

(h) Each panel shall exercise general supervision over all attorneys which it employs and over the other persons employed to provide necessary support services for such attorneys. The panels shall have final authority in respect to complaints brought pursuant to this Act.

(i) The following rules and regulations shall be adopted by the panels meeting in joint session: (1) procedural rules and regulations which shall govern all Board proceedings; (2) procedures for election of exclusive bargaining representatives pursuant to Section 9, except for the determination of appropriate bargaining units; and (3) appointment of counsel pursuant to subsection (k) of this Section.

(j) Rules and regulations may be adopted, amended or rescinded only upon a vote of 5 of the members of the State and Local Panels meeting in joint session. The adoption, amendment, or rescission of rules and regulations shall be in conformity with the requirements of the Illinois Administrative Procedure Act.

(k) The panels in joint session shall promulgate rules and regulations providing for the appointment of attorneys or other Board representatives to represent persons in unfair labor practice proceedings before a panel. The regulations governing appointment shall require the applicant to demonstrate an inability to pay for or inability to otherwise provide for adequate representation before a panel. Such rules must also provide: (1) that an attorney may not be appointed in cases which, in the opinion of a panel, are clearly without merit; (2) the stage of the unfair labor proceeding at which counsel will be appointed; and (3) the circumstances under which a client will be allowed to select counsel.

(1) The panels in joint session may promulgate rules and regulations which allow parties in proceedings before a panel to be represented by counsel or any other representative of the party's choice.

(m) The Chairman of the State Panel shall serve as Chairman of a joint session of the panels. Attendance of at least 2 members of the State Panel and at least one member of the Local Panel, in addition to the Chairman, shall constitute a quorum at a joint session. The panels shall meet in joint session at least annually.

(Source: P.A. 103-856, eff. 1-1-25; revised 11-21-24.)

(5 ILCS 315/15) (from Ch. 48, par. 1615)

(Text of Section WITHOUT the changes made by P.A. 98-599, which has been held unconstitutional)

Sec. 15. Act takes precedence Takes Precedence.

(a) In case of any conflict between the provisions of this Act and any other law (other than Section 5 of the State Employees Group Insurance Act of 1971 and other than the changes made to the Illinois Pension Code by Public Act 96-889 this amendatory Act of the 96th General Assembly), executive order or administrative regulation relating to wages, hours and conditions of employment and employment relations, the provisions of this Act or any collective bargaining agreement negotiated thereunder shall prevail and control. Nothing in this Act shall be construed to replace or diminish the rights of employees established by Sections 28 and 28a of the Metropolitan Transit Authority Act, Sections 2.15 through 2.19 of the Regional Transportation Authority Act. The provisions of this Act are subject to Section 5 of the State Employees Group Insurance Act of 1971. Nothing in this Act shall be construed to replace the necessity of complaints against a sworn peace officer, as defined in Section 2(a) of the Uniform Peace Officers' Officer Disciplinary Act, from having a complaint supported by a sworn affidavit.

(b) Except as provided in subsection (a) above, any collective bargaining contract between a public employer and a labor organization executed pursuant to this Act shall supersede any contrary statutes, charters, ordinances, rules or regulations relating to wages, hours and conditions of employment and employment relations adopted by the public employer or its agents. Any collective bargaining agreement entered into prior to the effective date of this Act shall remain in full force during its duration.

(c) It is the public policy of this State, pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution, that the provisions of this Act are the exclusive exercise by the State of powers and functions which might otherwise be exercised by home rule units. Such powers and functions may not be exercised concurrently, either directly or indirectly, by any unit of local government, including any home rule unit, except as otherwise authorized by this Act.

(Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11; revised 7-23-24.)

Section 30. The State Employees Group Insurance Act of 1971 is amended by changing Sections 3, 6.11, and 10 and by setting forth and renumbering multiple versions of Section 6.11D as follows:

(5 ILCS 375/3) (from Ch. 127, par. 523)

Sec. 3. Definitions. Unless the context otherwise requires, the following words and phrases as used in this Act shall have the following meanings. The Department may define these and other words and phrases separately for the purpose of implementing specific programs providing benefits under this Act.

(a) "Administrative service organization" means any person, firm, or corporation experienced in the handling of claims which is fully qualified, financially sound, and capable of meeting the service requirements of a contract of administration executed with the Department.

(b) "Annuitant" means (1) an employee who retires, or has retired, on or after January 1, 1966 on an immediate annuity under the provisions of Articles 2, 14 (including an employee who has elected to receive an alternative retirement cancellation payment under Section 14-108.5 of the Illinois Pension Code in lieu of an annuity or who meets the criteria for retirement, but in lieu of receiving an annuity under that Article has elected to receive an accelerated pension benefit payment under Section 14-147.5 of that Article), 15 (including an employee who has retired under the optional retirement program established under Section 15-158.2 or who meets the criteria for retirement but in lieu of receiving an annuity under that Article has elected to receive an accelerated pension benefit payment under Section 15-185.5 of the Article), paragraph (2), (3), or (5) of Section 16-106 (including an employee who meets the criteria for retirement, but in lieu of receiving an annuity under that Article has elected to receive an accelerated pension benefit payment under Section 16-190.5 of the Illinois Pension Code), or Article 18 of the Illinois Pension Code; (2) any person who was receiving group insurance coverage under this Act as of March 31, 1978 by reason of his status as an annuitant, even though the annuity in relation to which such coverage was provided is a proportional annuity based on less than the minimum period of service required for a retirement annuity in the system involved; (3) any person not otherwise covered by this Act who has retired as a participating member under Article 2 of the Illinois Pension Code but is ineligible for the retirement annuity under Section 2-119 of the Illinois Pension Code; (4) the spouse of any person who is receiving a retirement annuity under Article 18 of the Illinois Pension Code and who is covered under a group health insurance program sponsored by a governmental employer other than the State of Illinois and who has irrevocably elected to waive his or her coverage under this Act and to have his or her spouse considered as the "annuitant" under this Act and not as a "dependent"; or (5) an employee who retires, or has retired, from a qualified position, as determined according to rules promulgated by the Director, under a qualified local government, a qualified rehabilitation facility, a qualified domestic violence shelter or service, or a qualified child advocacy center. (For definition of "retired employee", see subsection (p) post).

(b-5) (Blank).

(b-6) (Blank).

(b-7) (Blank).

(c) "Carrier" means (1) an insurance company, a corporation organized under the Limited Health Service Organization Act or the Voluntary Health Services Plans Act, a partnership, or other nongovernmental organization, which is authorized to do group life or group health insurance business in Illinois, or (2) the State of Illinois as a self-insurer.

(d) "Compensation" means salary or wages payable on a regular payroll by the State Treasurer on a warrant of the State Comptroller out of any State, trust or federal fund, or by the Governor of the State through a disbursing officer of the State out of a trust or out of federal funds, or by any Department out of State, trust, federal, or other funds held by the State Treasurer or the Department, to any person for personal services currently performed, and ordinary or accidental disability benefits under Articles 2, 14, 15 (including ordinary or accidental disability benefits under the optional retirement program established under Section 15-158.2), paragraph (2), (3), or (5) of Section 16-106, or Article 18 of the Illinois Pension Code, for disability incurred after January 1, 1966, or benefits payable under the Workers' Compensation Act or the Workers' Occupational Diseases Act or benefits payable under a sick pay plan established in accordance with Section 36 of the State Finance Act. "Compensation" also means salary or wages paid to an employee of any qualified local government, qualified rehabilitation facility, qualified domestic violence shelter or service, or qualified child advocacy center.

(e) "Commission" means the State Employees Group Insurance Advisory Commission authorized by this Act. Commencing July 1, 1984, "Commission" as used in this Act means the Commission on Government Forecasting and Accountability as established by the Legislative Commission Reorganization Act of 1984.

(f) "Contributory", when referred to as contributory coverage, shall mean optional coverages or benefits elected by the member toward the cost of which such member makes contribution, or which are funded in whole or in part through the acceptance of a reduction in earnings or the foregoing of an increase in earnings by an employee, as distinguished from noncontributory coverage or benefits which are paid entirely by the State of Illinois without reduction of the member's salary.

(g) "Department" means any department, institution, board, commission, officer, court, or any agency of the State government receiving appropriations and having power to certify payrolls to the Comptroller authorizing payments of salary and wages against such appropriations as are made by the General Assembly from any State fund, or against trust funds held by the State Treasurer and includes boards of trustees of the retirement systems created by Articles 2, 14, 15, 16, and 18 of the Illinois Pension Code. "Department" also includes the Illinois Comprehensive Health Insurance Board, the Board of Examiners established under the Illinois Public Accounting Act, and the Illinois Finance Authority.

(h) "Dependent", when the term is used in the context of the health and life plan, means a member's spouse and any child (1) from birth to age 26, including an adopted child, a child who lives with the member from the time of the placement for adoption until entry of an order of adoption, a stepchild or adjudicated child, or a child who lives with the member if such member is a court appointed guardian of the child or (2) age 19 or over who has a mental or physical disability from a cause originating prior to the age of 19 (age 26 if enrolled as an adult child dependent). For the health plan only, the term "dependent" also includes (1) any person enrolled prior to the effective date of this Section who is dependent upon the member to the extent that the member may claim such person as a dependent for income tax deduction purposes and (2) any person who has received after June 30, 2000 an organ transplant and who is financially dependent upon the member and eligible to be claimed as a dependent for income tax purposes. A member requesting to cover any dependent must provide documentation as requested by the Department of Central Management Services and file with the Department any and all forms required by the Department.

(i) "Director" means the Director of the Illinois Department of Central Management Services.

(j) "Eligibility period" means the period of time a member has to elect enrollment in programs or to select benefits without regard to age, sex, or health.

(k) "Employee" means and includes each officer or employee in the service of a department who (1) receives his compensation for service rendered to the department on a warrant issued pursuant to a payroll certified by a department or on a warrant or check issued and drawn by a department upon a trust, federal or other fund or on a warrant issued pursuant to a payroll certified by an elected or duly appointed officer of the State or who receives payment of the performance of personal services on a warrant issued pursuant to a payroll certified by a Department and drawn by the Comptroller upon the State Treasurer against appropriations made by the General Assembly from any fund or against trust funds held by the State Treasurer, and (2) is employed full-time or part-time in a position normally requiring actual performance of duty during not less than 1/2 of a normal work period, as established by the Director in cooperation with each department, except that persons elected by popular vote will be considered employees during the entire term for which they are elected regardless of hours devoted to the service of the State, and (3) except that "employee" does not include any person who is not eligible by reason of such person's employment to participate in one of the State retirement systems under Articles 2, 14, 15 (either the regular Article 15 system or the optional retirement program established under Section 15-158.2), or 18, or under paragraph (2), (3), or (5) of Section 16-106, of the Illinois Pension Code, but such term does include persons who are employed during the 6-month qualifying period under Article 14 of the Illinois Pension Code. Such term also includes any person who (1) after January 1, 1966, is receiving ordinary or accidental disability benefits under Articles 2, 14, 15 (including ordinary or accidental disability benefits under the optional retirement program established under Section 15-158.2), paragraph (2), (3), or (5) of Section 16-106, or Article 18 of the Illinois Pension Code, for disability incurred after January 1, 1966, (2) receives total permanent or total temporary disability under the Workers' Compensation Act or the Workers' Occupational Diseases Disease Act as a result of injuries sustained or illness contracted in the course of employment with the State of Illinois, or (3) is not otherwise covered under this Act and has retired as a participating member under Article 2 of the Illinois Pension Code but is ineligible for the retirement annuity under Section 2-119 of the Illinois Pension Code. However, a person who satisfies the criteria of the foregoing definition of "employee" except that such person is made ineligible to participate in the State Universities Retirement System by clause (4) of subsection (a) of Section 15-107 of the Illinois Pension Code is also an "employee" for the purposes of this Act. "Employee" also includes any person receiving or eligible for benefits under a sick pay plan established in accordance with Section 36 of the State Finance Act. "Employee" also includes (i) each officer or employee in the service of a qualified local government, including persons appointed as trustees of sanitary districts regardless of hours devoted to the service of the sanitary district, (ii) each employee in the service of a qualified rehabilitation facility, (iii) each full-time employee in the service of a qualified domestic violence shelter or service, and (iv) each full-time employee in the service of a qualified child advocacy center, as determined according to rules promulgated by the Director.

(l) "Member" means an employee, annuitant, retired employee, or survivor. In the case of an annuitant or retired employee who first becomes an annuitant or retired employee on or after January 13, 2012 (the effective date of Public Act 97-668), the individual must meet the minimum vesting requirements of the applicable retirement system in order to be eligible for group insurance benefits under that system. In the case of a survivor who is not entitled to occupational death benefits pursuant to an applicable retirement system or death benefits pursuant to the Illinois Workers' Compensation Act, and who first becomes a survivor on or after January 13, 2012 (the effective date of Public Act 97-668), the deceased employee, annuitant, or retired employee upon whom the annuity is based must have been eligible to participate in the group insurance system under the applicable retirement system in order for the survivor to be eligible for group insurance benefits under that system.

In the case of a survivor who is entitled to occupational death benefits pursuant to the deceased employee's applicable retirement system or death benefits pursuant to the Illinois Workers' Compensation Act, and first becomes a survivor on or after January 1, 2022, the survivor is eligible for group health insurance benefits regardless of the deceased employee's minimum vesting requirements under the applicable retirement system, with a State contribution rate of 100%, until an unmarried child dependent reaches the age of 18, or the age of 22 if the dependent child is a full-time student, or until the adult survivor becomes eligible for benefits under the federal Medicare health insurance program (Title XVIII of the Social Security Act, as added by Public Law 89-97). In the case of a survivor currently receiving occupational death benefits pursuant to the deceased employee's applicable retirement system or has received death benefits pursuant to the Illinois Workers' Compensation Act, who first became a survivor prior to January 1, 2022, the survivor is eligible for group health insurance benefits regardless of the deceased employee's minimum vesting requirements under the applicable retirement system, with a State contribution rate of 100%, until an unmarried child dependent reaches the age of 18, or the age of 22 if the dependent child is a full-time student, or until the adult survivor becomes eligible for benefits under the federal Medicare health insurance program (Title XVIII of the Social Security Act, as added by Public Law 89-97). The changes made by Public Act 102-714 this amendatory Act of the 102nd General Assembly with respect to survivors who first became survivors prior to January 1, 2022 shall apply upon request of the survivor on or after April 29, 2022 (the effective date of Public Act 102-714) this amendatory Act of the 102nd General Assembly.

(m) "Optional coverages or benefits" means those coverages or benefits available to the member on his or her voluntary election, and at his or her own expense.

(n) "Program" means the group life insurance, health benefits, and other employee benefits designed and contracted for by the Director under this Act.

(o) "Health plan" means a health benefits program offered by the State of Illinois for persons eligible for the plan.

(p) "Retired employee" means any person who would be an annuitant as that term is defined herein but for the fact that such person retired prior to January 1, 1966. Such term also includes any person formerly employed by the University of Illinois in the Cooperative Extension Service who would be an annuitant but for the fact that such person was made ineligible to participate in the State Universities Retirement System by clause (4) of subsection (a) of Section 15-107 of the Illinois Pension Code.

(q) "Survivor" means a person receiving an annuity as a survivor of an employee or of an annuitant. "Survivor" also includes: (1) the surviving dependent of a person who satisfies the definition of "employee" except that such person is made ineligible to participate in the State Universities Retirement System by clause (4) of subsection (a) of Section 15-107 of the Illinois Pension Code; (2) the surviving dependent of any person formerly employed by the University of Illinois in the Cooperative Extension Service who would be an annuitant except for the fact that such person was made ineligible to participate in the State Universities Retirement System by clause (4) of subsection (a) of Section 15-107 of the Illinois Pension Code; (3) the surviving dependent of a person who was an annuitant under this Act by virtue of receiving an alternative retirement cancellation payment under Section 14-108.5 of the Illinois Pension Code; and (4) a person who would be receiving an annuity as a survivor of an annuitant except that the annuitant elected on or after June 4, 2018 to receive an accelerated pension benefit payment under Section 14-147.5, 15-185.5, or 16-190.5 of the Illinois Pension Code in lieu of receiving an annuity.

(q-2) "SERS" means the State Employees' Retirement System of Illinois, created under Article 14 of the Illinois Pension Code.

(q-3) "SURS" means the State Universities Retirement System, created under Article 15 of the Illinois Pension Code.

(q-4) "TRS" means the Teachers' Retirement System of the State of Illinois, created under Article 16 of the Illinois Pension Code.

(q-5) (Blank).

(q-6) (Blank).

(q-7) (Blank).

(r) "Medical services" means the services provided within the scope of their licenses by practitioners in all categories licensed under the Medical Practice Act of 1987.

(s) "Unit of local government" means any county, municipality, township, school district (including a combination of school districts under the Intergovernmental Cooperation Act), special district or other unit, designated as a unit of local government by law, which exercises limited governmental powers or powers in respect to limited governmental subjects, any not-for-profit association with a membership that primarily includes townships and township officials, that has duties that include provision of research service, dissemination of information, and other acts for the purpose of improving township government, and that is funded wholly or partly in accordance with Section 85-15 of the Township Code; any not-for-profit corporation or association, with a membership consisting primarily of municipalities, that operates its own utility system, and provides research, training, dissemination of information, or other acts to promote cooperation between and among municipalities that provide utility services and for the advancement of the goals and purposes of its membership; the Southern Illinois Collegiate Common Market, which is a consortium of higher education institutions in Southern Illinois; the Illinois Association of Park Districts; and any hospital provider that is owned by a county that has 100 or fewer hospital beds and has not already joined the program. "Qualified local government" means a unit of local government approved by the Director and participating in a program created under subsection (i) of Section 10 of this Act.

(t) "Qualified rehabilitation facility" means any not-for-profit organization that is accredited by the Commission on Accreditation of Rehabilitation Facilities or certified by the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities) to provide services to persons with disabilities and which receives funds from the State of Illinois for providing those services, approved by the Director and participating in a program created under subsection (j) of Section 10 of this Act.

(u) "Qualified domestic violence shelter or service" means any Illinois domestic violence shelter or service and its administrative offices funded by the Department of Human Services (as successor to the Illinois Department of Public Aid), approved by the Director and participating in a program created under subsection (k) of Section 10.

(v) "TRS benefit recipient" means a person who:

(1) is not a "member" as defined in this Section; and

(2) is receiving a monthly benefit or retirement annuity under Article 16 of the Illinois Pension Code or would be receiving such monthly benefit or retirement annuity except that the benefit recipient elected on or after June 4, 2018 to receive an accelerated pension benefit payment under Section 16-190.5 of the Illinois Pension Code in lieu of receiving an annuity; and

(3) either (i) has at least 8 years of creditable service under Article 16 of the Illinois Pension Code, or (ii) was enrolled in the health insurance program offered under that Article on January 1, 1996, or (iii) is the survivor of a benefit recipient who had at least 8 years of creditable service under Article 16 of the Illinois Pension Code or was enrolled in the health insurance program offered under that Article on June 21, 1995 (the effective date of Public Act 89-25), or (iv) is a recipient or survivor of a recipient of a disability benefit under Article 16 of the Illinois Pension Code.

(w) "TRS dependent beneficiary" means a person who:

(1) is not a "member" or "dependent" as defined in this Section; and

(2) is a TRS benefit recipient's: (A) spouse, (B) dependent parent who is receiving at least half of his or her support from the TRS benefit recipient, or (C) natural, step, adjudicated, or adopted child who is (i) under age 26, (ii) was, on January 1, 1996, participating as a dependent beneficiary in the health insurance program offered under Article 16 of the Illinois Pension Code, or (iii) age 19 or over who has a mental or physical disability from a cause originating prior to the age of 19 (age 26 if enrolled as an adult child).

"TRS dependent beneficiary" does not include, as indicated under paragraph (2) of this subsection (w), a dependent of the survivor of a TRS benefit recipient who first becomes a dependent of a survivor of a TRS benefit recipient on or after January 13, 2012 (the effective date of Public Act 97-668) unless that dependent would have been eligible for coverage as a dependent of the deceased TRS benefit recipient upon whom the survivor benefit is based.

(x) "Military leave" refers to individuals in basic training for reserves, special/advanced training, annual training, emergency call up, activation by the President of the United States, or any other training or duty in service to the United States Armed Forces.

(y) (Blank).

(z) "Community college benefit recipient" means a person who:

(1) is not a "member" as defined in this Section; and

(2) is receiving a monthly survivor's annuity or retirement annuity under Article 15 of the Illinois Pension Code or would be receiving such monthly survivor's annuity or retirement annuity except that the benefit recipient elected on or after June 4, 2018 to receive an accelerated pension benefit payment under Section 15-185.5 of the Illinois Pension Code in lieu of receiving an annuity; and

(3) either (i) was a full-time employee of a community college district or an association of community college boards created under the Public Community College Act (other than an employee whose last employer under Article 15 of the Illinois Pension Code was a community college district subject to Article VII of the Public Community College Act) and was eligible to participate in a group health benefit plan as an employee during the time of employment with a community college district (other than a community college district subject to Article VII of the Public Community College Act) or an association of community college boards, or (ii) is the survivor of a person described in item (i).

(aa) "Community college dependent beneficiary" means a person who:

(1) is not a "member" or "dependent" as defined in this Section; and

(2) is a community college benefit recipient's: (A) spouse, (B) dependent parent who is receiving at least half of his or her support from the community college benefit recipient, or (C) natural, step, adjudicated, or adopted child who is (i) under age 26, or (ii) age 19 or over and has a mental or physical disability from a cause originating prior to the age of 19 (age 26 if enrolled as an adult child).

"Community college dependent beneficiary" does not include, as indicated under paragraph (2) of this subsection (aa), a dependent of the survivor of a community college benefit recipient who first becomes a dependent of a survivor of a community college benefit recipient on or after January 13, 2012 (the effective date of Public Act 97-668) unless that dependent would have been eligible for coverage as a dependent of the deceased community college benefit recipient upon whom the survivor annuity is based.

(bb) "Qualified child advocacy center" means any Illinois child advocacy center and its administrative offices funded by the Department of Children and Family Services, as defined by the Children's Advocacy Center Act (55 ILCS 80/), approved by the Director and participating in a program created under subsection (n) of Section 10.

(cc) "Placement for adoption" means the assumption and retention by a member of a legal obligation for total or partial support of a child in anticipation of adoption of the child. The child's placement with the member terminates upon the termination of such legal obligation.

(Source: P.A. 101-242, eff. 8-9-19; 102-558, eff. 8-20-21; 102-714, eff. 4-29-22; 102-813, eff 5-13-22; revised 7-23-24.)

(5 ILCS 375/6.11)

Sec. 6.11. Required health benefits; Illinois Insurance Code requirements. The program of health benefits shall provide the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t of the Illinois Insurance Code. The program of health benefits shall provide the coverage required under Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356u.10, 356w, 356x, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70, and 356z.71, 356z.74, 356z.76, and 356z.77 of the Illinois Insurance Code. The program of health benefits must comply with Sections 155.22a, 155.37, 355b, 356z.19, 370c, and 370c.1 and Article XXXIIB of the Illinois Insurance Code. The program of health benefits shall provide the coverage required under Section 356m of the Illinois Insurance Code and, for the employees of the State Employee Group Insurance Program only, the coverage as also provided in Section 6.11B of this Act. The Department of Insurance shall enforce the requirements of this Section with respect to Sections 370c and 370c.1 of the Illinois Insurance Code; all other requirements of this Section shall be enforced by the Department of Central Management Services.

Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.

(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-768, eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-8, eff. 1-1-24; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-870, eff. 1-1-25; 103-914, eff. 1-1-25; 103-918, eff. 1-1-25; 103-951, eff. 1-1-25; 103-1024, eff. 1-1-25; revised 11-26-24.)

(5 ILCS 375/6.11D)

Sec. 6.11D. Joint mental health therapy services.

(a) The State Employees Group Insurance Program shall provide coverage for joint mental health therapy services for any Illinois State Police officer or police officer of an institution of higher education and any spouse or partner of the officer who resides with the officer.

(b) The joint mental health therapy services provided under subsection (a) shall be performed by a physician licensed to practice medicine in all of its branches, a licensed clinical psychologist, a licensed clinical social worker, a licensed clinical professional counselor, a licensed marriage and family therapist, a licensed social worker, or a licensed professional counselor.

(Source: P.A. 103-818, eff. 1-1-25.)

(5 ILCS 375/6.11E)

Sec. 6.11E 6.11D. Coverage for treatments to slow the progression of Alzheimer's disease and related dementias. Beginning on July 1, 2025, the State Employees Group Insurance Program shall provide coverage for all medically necessary FDA-approved treatments or medications prescribed to slow the progression of Alzheimer's disease or another related dementia, as determined by a physician licensed to practice medicine in all its branches. Coverage for all FDA-approved treatments or medications prescribed to slow the progression of Alzheimer's disease or another related dementia shall not be subject to step therapy. Any diagnostic testing necessary for a physician to determine appropriate use of these treatments or medications shall be covered by the State Employees Group Insurance Program.

(Source: P.A. 103-975, eff. 1-1-25; revised 12-1-24.)

(5 ILCS 375/10) (from Ch. 127, par. 530)

Sec. 10. Contributions by the State and members.

(a) The State shall pay the cost of basic non-contributory group life insurance and, subject to member paid contributions set by the Department or required by this Section and except as provided in this Section, the basic program of group health benefits on each eligible member, except a member, not otherwise covered by this Act, who has retired as a participating member under Article 2 of the Illinois Pension Code but is ineligible for the retirement annuity under Section 2-119 of the Illinois Pension Code, and part of each eligible member's and retired member's premiums for health insurance coverage for enrolled dependents as provided by Section 9. The State shall pay the cost of the basic program of group health benefits only after benefits are reduced by the amount of benefits covered by Medicare for all members and dependents who are eligible for benefits under Social Security or the Railroad Retirement system or who had sufficient Medicare-covered government employment, except that such reduction in benefits shall apply only to those members and dependents who (1) first become eligible for such Medicare coverage on or after July 1, 1992; or (2) are Medicare-eligible members or dependents of a local government unit which began participation in the program on or after July 1, 1992; or (3) remain eligible for, but no longer receive Medicare coverage which they had been receiving on or after July 1, 1992. The Department may determine the aggregate level of the State's contribution on the basis of actual cost of medical services adjusted for age, sex or geographic or other demographic characteristics which affect the costs of such programs.

The cost of participation in the basic program of group health benefits for the dependent or survivor of a living or deceased retired employee who was formerly employed by the University of Illinois in the Cooperative Extension Service and would be an annuitant but for the fact that he or she was made ineligible to participate in the State Universities Retirement System by clause (4) of subsection (a) of Section 15-107 of the Illinois Pension Code shall not be greater than the cost of participation that would otherwise apply to that dependent or survivor if he or she were the dependent or survivor of an annuitant under the State Universities Retirement System.

(a-1) (Blank).

(a-2) (Blank).

(a-3) (Blank).

(a-4) (Blank).

(a-5) (Blank).

(a-6) (Blank).

(a-7) (Blank).

(a-8) Any annuitant, survivor, or retired employee may waive or terminate coverage in the program of group health benefits. Any such annuitant, survivor, or retired employee who has waived or terminated coverage may enroll or re-enroll in the program of group health benefits only during the annual benefit choice period, as determined by the Director; except that in the event of termination of coverage due to nonpayment of premiums, the annuitant, survivor, or retired employee may not re-enroll in the program.

(a-8.5) Beginning on July 1, 2012 (the effective date of Public Act 97-695) this amendatory Act of the 97th General Assembly, the Director of Central Management Services shall, on an annual basis, determine the amount that the State shall contribute toward the basic program of group health benefits on behalf of annuitants (including individuals who (i) participated in the General Assembly Retirement System, the State Employees' Retirement System of Illinois, the State Universities Retirement System, the Teachers' Retirement System of the State of Illinois, or the Judges Retirement System of Illinois and (ii) qualify as annuitants under subsection (b) of Section 3 of this Act), survivors (including individuals who (i) receive an annuity as a survivor of an individual who participated in the General Assembly Retirement System, the State Employees' Retirement System of Illinois, the State Universities Retirement System, the Teachers' Retirement System of the State of Illinois, or the Judges Retirement System of Illinois and (ii) qualify as survivors under subsection (q) of Section 3 of this Act), and retired employees (as defined in subsection (p) of Section 3 of this Act). The remainder of the cost of coverage for each annuitant, survivor, or retired employee, as determined by the Director of Central Management Services, shall be the responsibility of that annuitant, survivor, or retired employee.

Contributions required of annuitants, survivors, and retired employees shall be the same for all retirement systems and shall also be based on whether an individual has made an election under Section 15-135.1 of the Illinois Pension Code. Contributions may be based on annuitants', survivors', or retired employees' Medicare eligibility, but may not be based on Social Security eligibility.

(a-9) No later than May 1 of each calendar year, the Director of Central Management Services shall certify in writing to the Executive Secretary of the State Employees' Retirement System of Illinois the amounts of the Medicare supplement health care premiums and the amounts of the health care premiums for all other retirees who are not Medicare eligible.

A separate calculation of the premiums based upon the actual cost of each health care plan shall be so certified.

The Director of Central Management Services shall provide to the Executive Secretary of the State Employees' Retirement System of Illinois such information, statistics, and other data as he or she may require to review the premium amounts certified by the Director of Central Management Services.

The Department of Central Management Services, or any successor agency designated to procure health care healthcare contracts pursuant to this Act, is authorized to establish funds, separate accounts provided by any bank or banks as defined by the Illinois Banking Act, or separate accounts provided by any savings and loan association or associations as defined by the Illinois Savings and Loan Act of 1985 to be held by the Director, outside the State treasury, for the purpose of receiving the transfer of moneys from the Local Government Health Insurance Reserve Fund. The Department may promulgate rules further defining the methodology for the transfers. Any interest earned by moneys in the funds or accounts shall inure to the Local Government Health Insurance Reserve Fund. The transferred moneys, and interest accrued thereon, shall be used exclusively for transfers to administrative service organizations or their financial institutions for payments of claims to claimants and providers under the self-insurance health plan. The transferred moneys, and interest accrued thereon, shall not be used for any other purpose including, but not limited to, reimbursement of administration fees due the administrative service organization pursuant to its contract or contracts with the Department.

(a-10) To the extent that participation, benefits, or premiums under this Act are based on a person's service credit under an Article of the Illinois Pension Code, service credit terminated in exchange for an accelerated pension benefit payment under Section 14-147.5, 15-185.5, or 16-190.5 of that Code shall be included in determining a person's service credit for the purposes of this Act.

(b) State employees who become eligible for this program on or after January 1, 1980 in positions normally requiring actual performance of duty not less than 1/2 of a normal work period but not equal to that of a normal work period, shall be given the option of participating in the available program. If the employee elects coverage, the State shall contribute on behalf of such employee to the cost of the employee's benefit and any applicable dependent supplement, that sum which bears the same percentage as that percentage of time the employee regularly works when compared to normal work period.

(c) The basic non-contributory coverage from the basic program of group health benefits shall be continued for each employee not in pay status or on active service by reason of (1) leave of absence due to illness or injury, (2) authorized educational leave of absence or sabbatical leave, or (3) military leave. This coverage shall continue until expiration of authorized leave and return to active service, but not to exceed 24 months for leaves under item (1) or (2). This 24-month limitation and the requirement of returning to active service shall not apply to persons receiving ordinary or accidental disability benefits or retirement benefits through the appropriate State retirement system or benefits under the Workers' Compensation Act or the Workers' Occupational Diseases Occupational Disease Act.

(d) The basic group life insurance coverage shall continue, with full State contribution, where such person is (1) absent from active service by reason of disability arising from any cause other than self-inflicted, (2) on authorized educational leave of absence or sabbatical leave, or (3) on military leave.

(e) Where the person is in non-pay status for a period in excess of 30 days or on leave of absence, other than by reason of disability, educational or sabbatical leave, or military leave, such person may continue coverage only by making personal payment equal to the amount normally contributed by the State on such person's behalf. Such payments and coverage may be continued: (1) until such time as the person returns to a status eligible for coverage at State expense, but not to exceed 24 months or (2) until such person's employment or annuitant status with the State is terminated (exclusive of any additional service imposed pursuant to law).

(f) The Department shall establish by rule the extent to which other employee benefits will continue for persons in non-pay status or who are not in active service.

(g) The State shall not pay the cost of the basic non-contributory group life insurance, program of health benefits and other employee benefits for members who are survivors as defined by paragraphs (1) and (2) of subsection (q) of Section 3 of this Act. The costs of benefits for these survivors shall be paid by the survivors or by the University of Illinois Cooperative Extension Service, or any combination thereof. However, the State shall pay the amount of the reduction in the cost of participation, if any, resulting from the amendment to subsection (a) made by Public Act 91-617 this amendatory Act of the 91st General Assembly.

(h) Those persons occupying positions with any department as a result of emergency appointments pursuant to Section 8b.8 of the Personnel Code who are not considered employees under this Act shall be given the option of participating in the programs of group life insurance, health benefits and other employee benefits. Such persons electing coverage may participate only by making payment equal to the amount normally contributed by the State for similarly situated employees. Such amounts shall be determined by the Director. Such payments and coverage may be continued until such time as the person becomes an employee pursuant to this Act or such person's appointment is terminated.

(i) Any unit of local government within the State of Illinois may apply to the Director to have its employees, annuitants, and their dependents provided group health coverage under this Act on a non-insured basis. To participate, a unit of local government must agree to enroll all of its employees, who may select coverage under any group health benefits plan made available by the Department under the health benefits program established under this Section or a health maintenance organization that has contracted with the State to be available as a health care provider for employees as defined in this Act. A unit of local government must remit the entire cost of providing coverage under the health benefits program established under this Section or, for coverage under a health maintenance organization, an amount determined by the Director based on an analysis of the sex, age, geographic location, or other relevant demographic variables for its employees, except that the unit of local government shall not be required to enroll those of its employees who are covered spouses or dependents under the State group health benefits plan or another group policy or plan providing health benefits as long as (1) an appropriate official from the unit of local government attests that each employee not enrolled is a covered spouse or dependent under this plan or another group policy or plan, and (2) at least 50% of the employees are enrolled and the unit of local government remits the entire cost of providing coverage to those employees, except that a participating school district must have enrolled at least 50% of its full-time employees who have not waived coverage under the district's group health plan by participating in a component of the district's cafeteria plan. A participating school district is not required to enroll a full-time employee who has waived coverage under the district's health plan, provided that an appropriate official from the participating school district attests that the full-time employee has waived coverage by participating in a component of the district's cafeteria plan. For the purposes of this subsection, "participating school district" includes a unit of local government whose primary purpose is education as defined by the Department's rules.

Employees of a participating unit of local government who are not enrolled due to coverage under another group health policy or plan may enroll in the event of a qualifying change in status, special enrollment, special circumstance as defined by the Director, or during the annual benefit choice period Benefit Choice Period. A participating unit of local government may also elect to cover its annuitants. Dependent coverage shall be offered on an optional basis, with the costs paid by the unit of local government, its employees, or some combination of the two as determined by the unit of local government. The unit of local government shall be responsible for timely collection and transmission of dependent premiums.

The Director shall annually determine monthly rates of payment, subject to the following constraints:

(1) In the first year of coverage, the rates shall be equal to the amount normally charged to State employees for elected optional coverages or for enrolled dependents coverages or other contributory coverages, or contributed by the State for basic insurance coverages on behalf of its employees, adjusted for differences between State employees and employees of the local government in age, sex, geographic location or other relevant demographic variables, plus an amount sufficient to pay for the additional administrative costs of providing coverage to employees of the unit of local government and their dependents.

(2) In subsequent years, a further adjustment shall be made to reflect the actual prior years' claims experience of the employees of the unit of local government.

In the case of coverage of local government employees under a health maintenance organization, the Director shall annually determine for each participating unit of local government the maximum monthly amount the unit may contribute toward that coverage, based on an analysis of (i) the age, sex, geographic location, and other relevant demographic variables of the unit's employees and (ii) the cost to cover those employees under the State group health benefits plan. The Director may similarly determine the maximum monthly amount each unit of local government may contribute toward coverage of its employees' dependents under a health maintenance organization.

Monthly payments by the unit of local government or its employees for group health benefits plan or health maintenance organization coverage shall be deposited into in the Local Government Health Insurance Reserve Fund.

The Local Government Health Insurance Reserve Fund is hereby created as a nonappropriated trust fund to be held outside the State treasury Treasury, with the State Treasurer as custodian. The Local Government Health Insurance Reserve Fund shall be a continuing fund not subject to fiscal year limitations. The Local Government Health Insurance Reserve Fund is not subject to administrative charges or charge-backs, including, but not limited to, those authorized under Section 8h of the State Finance Act. All revenues arising from the administration of the health benefits program established under this Section shall be deposited into the Local Government Health Insurance Reserve Fund. Any interest earned on moneys in the Local Government Health Insurance Reserve Fund shall be deposited into the Fund. All expenditures from this Fund shall be used for payments for health care benefits for local government and rehabilitation facility employees, annuitants, and dependents, and to reimburse the Department or its administrative service organization for all expenses incurred in the administration of benefits. No other State funds may be used for these purposes.

A local government employer's participation or desire to participate in a program created under this subsection shall not limit that employer's duty to bargain with the representative of any collective bargaining unit of its employees.

(j) Any rehabilitation facility within the State of Illinois may apply to the Director to have its employees, annuitants, and their eligible dependents provided group health coverage under this Act on a non-insured basis. To participate, a rehabilitation facility must agree to enroll all of its employees and remit the entire cost of providing such coverage for its employees, except that the rehabilitation facility shall not be required to enroll those of its employees who are covered spouses or dependents under this plan or another group policy or plan providing health benefits as long as (1) an appropriate official from the rehabilitation facility attests that each employee not enrolled is a covered spouse or dependent under this plan or another group policy or plan, and (2) at least 50% of the employees are enrolled and the rehabilitation facility remits the entire cost of providing coverage to those employees. Employees of a participating rehabilitation facility who are not enrolled due to coverage under another group health policy or plan may enroll in the event of a qualifying change in status, special enrollment, special circumstance as defined by the Director, or during the annual benefit choice period Benefit Choice Period. A participating rehabilitation facility may also elect to cover its annuitants. Dependent coverage shall be offered on an optional basis, with the costs paid by the rehabilitation facility, its employees, or some combination of the 2 as determined by the rehabilitation facility. The rehabilitation facility shall be responsible for timely collection and transmission of dependent premiums.

The Director shall annually determine quarterly rates of payment, subject to the following constraints:

(1) In the first year of coverage, the rates shall be equal to the amount normally charged to State employees for elected optional coverages or for enrolled dependents coverages or other contributory coverages on behalf of its employees, adjusted for differences between State employees and employees of the rehabilitation facility in age, sex, geographic location or other relevant demographic variables, plus an amount sufficient to pay for the additional administrative costs of providing coverage to employees of the rehabilitation facility and their dependents.

(2) In subsequent years, a further adjustment shall be made to reflect the actual prior years' claims experience of the employees of the rehabilitation facility.

Monthly payments by the rehabilitation facility or its employees for group health benefits shall be deposited into in the Local Government Health Insurance Reserve Fund.

(k) Any domestic violence shelter or service within the State of Illinois may apply to the Director to have its employees, annuitants, and their dependents provided group health coverage under this Act on a non-insured basis. To participate, a domestic violence shelter or service must agree to enroll all of its employees and pay the entire cost of providing such coverage for its employees. The domestic violence shelter shall not be required to enroll those of its employees who are covered spouses or dependents under this plan or another group policy or plan providing health benefits as long as (1) an appropriate official from the domestic violence shelter attests that each employee not enrolled is a covered spouse or dependent under this plan or another group policy or plan and (2) at least 50% of the employees are enrolled and the domestic violence shelter remits the entire cost of providing coverage to those employees. Employees of a participating domestic violence shelter who are not enrolled due to coverage under another group health policy or plan may enroll in the event of a qualifying change in status, special enrollment, or special circumstance as defined by the Director or during the annual benefit choice period Benefit Choice Period. A participating domestic violence shelter may also elect to cover its annuitants. Dependent coverage shall be offered on an optional basis, with employees, or some combination of the 2 as determined by the domestic violence shelter or service. The domestic violence shelter or service shall be responsible for timely collection and transmission of dependent premiums.

The Director shall annually determine rates of payment, subject to the following constraints:

(1) In the first year of coverage, the rates shall be equal to the amount normally charged to State employees for elected optional coverages or for enrolled dependents coverages or other contributory coverages on behalf of its employees, adjusted for differences between State employees and employees of the domestic violence shelter or service in age, sex, geographic location or other relevant demographic variables, plus an amount sufficient to pay for the additional administrative costs of providing coverage to employees of the domestic violence shelter or service and their dependents.

(2) In subsequent years, a further adjustment shall be made to reflect the actual prior years' claims experience of the employees of the domestic violence shelter or service.

Monthly payments by the domestic violence shelter or service or its employees for group health insurance shall be deposited into in the Local Government Health Insurance Reserve Fund.

(l) A public community college or entity organized pursuant to the Public Community College Act may apply to the Director initially to have only annuitants not covered prior to July 1, 1992 by the district's health plan provided health coverage under this Act on a non-insured basis. The community college must execute a 2-year contract to participate in the Local Government Health Plan. Any annuitant may enroll in the event of a qualifying change in status, special enrollment, special circumstance as defined by the Director, or during the annual benefit choice period Benefit Choice Period.

The Director shall annually determine monthly rates of payment subject to the following constraints: for those community colleges with annuitants only enrolled, first year rates shall be equal to the average cost to cover claims for a State member adjusted for demographics, Medicare participation, and other factors; and in the second year, a further adjustment of rates shall be made to reflect the actual first year's claims experience of the covered annuitants.

(l-5) The provisions of subsection (l) become inoperative on July 1, 1999.

(m) The Director shall adopt any rules deemed necessary for implementation of this amendatory Act of 1989 (Public Act 86-978).

(n) Any child advocacy center within the State of Illinois may apply to the Director to have its employees, annuitants, and their dependents provided group health coverage under this Act on a non-insured basis. To participate, a child advocacy center must agree to enroll all of its employees and pay the entire cost of providing coverage for its employees. The child advocacy center shall not be required to enroll those of its employees who are covered spouses or dependents under this plan or another group policy or plan providing health benefits as long as (1) an appropriate official from the child advocacy center attests that each employee not enrolled is a covered spouse or dependent under this plan or another group policy or plan and (2) at least 50% of the employees are enrolled and the child advocacy center remits the entire cost of providing coverage to those employees. Employees of a participating child advocacy center who are not enrolled due to coverage under another group health policy or plan may enroll in the event of a qualifying change in status, special enrollment, or special circumstance as defined by the Director or during the annual benefit choice period Benefit Choice Period. A participating child advocacy center may also elect to cover its annuitants. Dependent coverage shall be offered on an optional basis, with the costs paid by the child advocacy center, its employees, or some combination of the 2 as determined by the child advocacy center. The child advocacy center shall be responsible for timely collection and transmission of dependent premiums.

The Director shall annually determine rates of payment, subject to the following constraints:

(1) In the first year of coverage, the rates shall be equal to the amount normally charged to State employees for elected optional coverages or for enrolled dependents coverages or other contributory coverages on behalf of its employees, adjusted for differences between State employees and employees of the child advocacy center in age, sex, geographic location, or other relevant demographic variables, plus an amount sufficient to pay for the additional administrative costs of providing coverage to employees of the child advocacy center and their dependents.

(2) In subsequent years, a further adjustment shall be made to reflect the actual prior years' claims experience of the employees of the child advocacy center.

Monthly payments by the child advocacy center or its employees for group health insurance shall be deposited into the Local Government Health Insurance Reserve Fund.

(Source: P.A. 102-19, eff. 7-1-21; revised 7-23-24.)

Section 35. The State Employee Health Savings Account Law is amended by changing Section 10-10 as follows:

(5 ILCS 377/10-10)

Sec. 10-10. Application; authorized contributions.

(a) Beginning in calendar year 2012, each employer shall make available to each eligible individual a health savings account program, if that individual chooses to enroll in the program except that, for an employer who provides coverage pursuant to any one or more of subsections (i) through (n) of Section 10 of the State Employees Group Insurance Act of 1971 State Employee Group Insurance Act, that employer may make available a health savings account program. An employer who makes a health savings account program available shall annually deposit an amount equal to one-third of the annual deductible into an eligible individual's health savings account. Unused funds in a health savings account shall become the property of the account holder at the end of a taxable year.

(b) Beginning in calendar year 2012, an eligible individual may deposit contributions into a health savings account in accordance with the restrictions set forth in subsection (e) of Section 10-5.

(Source: P.A. 97-142, eff. 7-14-11; 97-644, eff. 12-30-11; revised 7-23-24.)

Section 40. The First Responders Suicide Prevention Act is amended by changing Section 40 as follows:

(5 ILCS 840/40)

Sec. 40. Task Force recommendations.

(a) Task Force members shall recommend that agencies and organizations guarantee access to mental health and wellness services, including, but not limited to, peer support programs and providing ongoing education related to the ever-evolving concept of mental health wellness. These recommendations could be accomplished by:

(1) Revising agencies' and organizations' employee assistance programs (EAPs).

(2) Urging health care providers to replace outdated healthcare plans and include more progressive options catering to the needs and disproportionate risks shouldered by our first responders.

(3) Allocating funding or resources for public service announcements (PSA) and messaging campaigns aimed at raising awareness of available assistance options.

(4) Encouraging agencies and organizations to attach lists of all available resources to training manuals and continuing education requirements.

(b) Task Force members shall recommend agencies and organizations sponsor or facilitate first responders with specialized training in the areas of psychological fitness, depressive disorders, early detection, and mitigation best practices. Such trainings could be accomplished by:

(1) Assigning, appointing, or designating one member of an agency or organization to attend specialized training(s) sponsored by an accredited agency, association, or organization recognized in their fields of study.

(2) Seeking sponsorships or conducting fund-raisers, to host annual or semiannual on-site visits from qualified clinicians or physicians to provide early detection training techniques, or to provide regular access to mental health professionals.

(3) Requiring a minimum number of hours of disorders and wellness training be incorporated into reoccurring, annual or biannual training standards, examinations, and curriculums, taking into close consideration respective agency or organization size, frequency, and number of all current federal and state mandatory examinations and trainings expected respectively.

(4) Not underestimating the crucial importance of a balanced diet, sleep, mindfulness-based stress reduction techniques, moderate and vigorous intensity activities, and recreational hobbies, which have been scientifically proven to play a major role in brain health and mental wellness.

(c) Task Force members shall recommend that administrators and leadership personnel solicit training services from evidence-based, data driven organizations. Organizations with personnel trained on the analytical review and interpretation of specific fields related to the nature of first responders' exploits, such as PTSD, substance abuse, and chronic state of duress. Task Force members shall further recommend funding for expansion and messaging campaigns of preliminary self-diagnosing technologies like the one described above. These objectives could be met by:

(1) Contacting an accredited agency, association, or organization recognized in the field or fields of specific study. Unbeknownst to the majority, many of the agencies and organizations listed above receive grants and allocations to assist communities with the very issues being discussed in this Section.

(2) Normalizing help-seeking behaviors for both first responders and their families through regular messaging and peer support outreach, beginning with academy curricula and continuing education throughout individuals' careers.

(3) Funding and implementing PSA campaigns that provide clear and concise calls to action about mental health and wellness, resiliency, help-seeking, treatment, and recovery.

(4) Promoting and raising awareness of not-for-profit organizations currently available to assist individuals in search of care and treatment. Organizations have intuitive user-friendly sites, most of which have mobile applications, so first responders can access at a moment's notice. However, because of limited funds, these organizations have a challenging time of getting the word out there about their existence.

(5) Expanding Family and Medical Leave Act protections for individuals voluntarily seeking preventative treatment.

(6) Promoting and ensuring complete patient confidentiality protections.

(d) Task Force members shall recommend that agencies and organizations incorporate the following training components into already existing modules and educational curriculums. Doing so could be done by:

(1) Bolstering academy and school curricula by requiring depressive disorder training catered to PTSD, substance abuse, and early detection techniques training, taking into close consideration respective agency or organization size, and the frequency and number of all current federal and state mandatory examinations and trainings expected respectively.

(2) Continuing to allocate or match federal and state funds to maintain Mobile Training Units (MTUs).

(3) Incorporating a state certificate for peer support training into already existing statewide curriculums and mandatory examinations, annual State Fire Marshal examinations, and physical fitness examinations. The subject matter of the certificate should have an emphasis on mental health and wellness, as well as familiarization with topics ranging from clinical social work, clinical psychology, clinical behaviorist, and clinical psychiatry.

(4) Incorporating and performing statewide mental health check-ins during the same times as already mandated trainings. These checks are not to be compared or used as measures of fitness for duty evaluations or structured psychological examinations.

(5) Recommending comprehensive and evidence-based training on the importance of preventative measures on the topics of sleep, nutrition, mindfulness, and physical movement.

(6) Law enforcement agencies should provide training on the Firearm Owners Owner's Identification Card Act, including seeking relief from the Illinois State Police under Section 10 of the Firearm Owners Identification Card Act and a FOID card being a continued condition of employment under Section 7.2 of the Uniform Peace Officers' Disciplinary Act.

(Source: P.A. 102-352, eff. 6-1-22; 103-154, eff. 6-30-23; 103-605, eff. 7-1-24; revised 10-23-24.)

Section 45. The Election Code is amended by changing Sections 16-3, 17-5, 17-12, and 28-3 and the heading of Article 29 as follows:

(10 ILCS 5/16-3) (from Ch. 46, par. 16-3)

Sec. 16-3. (a) The names of all candidates to be voted for in each election district or precinct shall be printed on one ballot, except as is provided in Sections 16-6, 16-6.1, and 21-1.01 of this Code and except as otherwise provided in this Code with respect to the odd year regular elections and the emergency referenda. The lettering of candidate names on a ballot shall be in both capital and lowercase letters in conformance with standard English language guidelines, unless compliance is not feasible due to the election system utilized by the election authority. All nominations of any political party shall be placed under the party appellation or title of such party as designated in the certificates of nomination or petitions. The names of all independent candidates shall be printed upon the ballot in a column or columns under the heading "independent" arranged under the names or titles of the respective offices for which such independent candidates shall have been nominated and so far as practicable, the name or names of any independent candidate or candidates for any office shall be printed upon the ballot opposite the name or names of any candidate or candidates for the same office contained in any party column or columns upon said ballot. The ballot shall contain no other names, except that in cases of electors for President and Vice-President of the United States, the names of the candidates for President and Vice-President may be added to the party designation and words calculated to aid the voter in his choice of candidates may be added, such as "Vote for one," or "Vote for not more than three"." If no candidate or candidates file for an office and if no person or persons file a declaration as a write-in candidate for that office, then below the title of that office the election authority instead shall print "No Candidate". When an electronic voting system is used which utilizes a ballot label booklet, the candidates and questions shall appear on the pages of such booklet in the order provided by this Code; and, in any case where candidates for an office appear on a page which does not contain the name of any candidate for another office, and where less than 50% of the page is utilized, the name of no candidate shall be printed on the lowest 25% of such page. On the back or outside of the ballot, so as to appear when folded, shall be printed the words "Official Ballot", followed by the designation of the polling place for which the ballot is prepared, the date of the election and a facsimile of the signature of the election authority who has caused the ballots to be printed. The ballots shall be of plain white paper, through which the printing or writing cannot be read. However, ballots for use at the nonpartisan and consolidated elections may be printed on different color paper, except blue paper, whenever necessary or desirable to facilitate distinguishing between ballots for different political subdivisions. In the case of nonpartisan elections for officers of a political subdivision, unless the statute or an ordinance adopted pursuant to Article VII of the Constitution providing the form of government therefor requires otherwise, the column listing such nonpartisan candidates shall be printed with no appellation or circle at its head. The party appellation or title, or the word "independent" at the head of any column provided for independent candidates, shall be printed in letters not less than one-fourth of an inch in height and a circle one-half inch in diameter shall be printed at the beginning of the line in which such appellation or title is printed, provided, however, that no such circle shall be printed at the head of any column or columns provided for such independent candidates. The names of candidates shall be printed in letters not less than one-eighth nor more than one-fourth of an inch in height, and at the beginning of each line in which a name of a candidate is printed a square shall be printed, the sides of which shall be not less than one-fourth of an inch in length. However, the names of the candidates for Governor and Lieutenant Governor on the same ticket shall be printed within a bracket and a single square shall be printed in front of the bracket. The list of candidates of the several parties and any such list of independent candidates shall be placed in separate columns on the ballot in such order as the election authorities charged with the printing of the ballots shall decide; provided, that the names of the candidates of the several political parties, certified by the State Board of Elections to the several county clerks shall be printed by the county clerk of the proper county on the official ballot in the order certified by the State Board of Elections. Any county clerk refusing, neglecting or failing to print on the official ballot the names of candidates of the several political parties in the order certified by the State Board of Elections, and any county clerk who prints or causes to be printed upon the official ballot the name of a candidate, for an office to be filled by the Electors of the entire State, whose name has not been duly certified to him upon a certificate signed by the State Board of Elections shall be guilty of a Class C misdemeanor.

(b) When an electronic voting system is used which utilizes a ballot card, on the inside flap of each ballot card envelope there shall be printed a form for write-in voting which shall be substantially as follows:

WRITE-IN VOTES

(See card of instructions for specific information. Duplicate form below by hand for additional write-in votes.)

.. ........................... Title of Office ( ) ...... ....................... Name of Candidate Write-in lines equal to the number of candidat es for which a voter may vote shall be printed for an office only if one or more pe rsons filed declarations of intent to be write-in ca ndidates or qualify to file declarations to be write-in candidates under Sections 17-16.1 and 18-9.1 when the certification of ballot contains the words "OBJECTION PENDING". (c) When an electronic voting system is used w hich uses a ballot sheet, the instructions to voters on the ballot sheet shall refer the voter to the card of instructions for sp ecific information on write-in voting. Below each o ffice appearing on such ballot sheet there shall be a prov ision for the casting of a write-in vote. Write-in lines equal to the number of candidates for which a voter may vote shall be prin ted for an office only if one or more pe rsons filed declarations of intent to be write-in candidates or qualify to file declarations to be write-in candidates under Sections 17-16.1 and 18-9.1 when the certification of ballot contains the words "OBJECTI ON PENDING". (d) When such electronic system is used, there shall be printed on the back of each ballot car d, each ballot card envelope, and the first page of the ballot label when a ballot label is used, the words "Official Ballot ," followed by the number of the precinct or other precinct id entification, which may be stamped, in lieu thereof and, as app licable, the number and name of the township, ward or other elec tion district for which the ballot card, ballot card enve lope, and ballot label are prepared, the date of the election and a facsimile of the signature of the election authority who has caused the ballots to be printed. The back of the ballot card shall also include a method of identifying the ballot c onfiguration such as a listing of the political subdi visions and districts for which votes may be cast on that b allot, or a number code identifying the ballot configuration o r color coded ballots, except that where there is only one ball ot configuration in a precinct, the precinct identification, a nd any applicable ward identification, shall be sufficie nt. Ballot card envelopes used in punch card systems shall be of paper through which no writing or punches may be discerne d and shall be of sufficient length to enclose all voting posi tions. However, the election authority may provide ballot card en velopes on which no precinct number or township, ward or other election district designation, or election date are prep rinted, if space and a preprinted form are provided below the s pace provided for the names of write-in candidates where such information may be entered by the judges of electio n. Whenever an election authority utilizes ballot card envelopes on which the election date and precinct is not prep rinted, a judge of election shall mark such information for the parti cular precinct and election on the envelope in ink before tallying and counting any write-in vote written t hereon. If some method of insuring ballot secrecy other than an envelope is used, such information must be provided on t he ballot itself. (e) In the designation of the name of a candidate on the ballot, the candidate' s given name or names, initial or initials, a nickname by whic h the candidate is commonly known, or a combination thereof, may be used in addition to the candidate's surname. I f a candidate has changed his or her name, whether by a statut ory or common law procedure in Illinois or any other jurisdict ion, within 3 years before the last day for filing the petition fo r nomination, nomination papers, or certificate of nomination f or that office, whichever is applicable, then (i) the candidate's name on the ballot must be followed by "formerly known as (list all prior names during the 3-year peri od) until name changed on (list date of each such name change)" and (ii) the petition, papers, or certificate must be accompa nied by the candidate's affidavit stating the candidate's pre vious names during the period specified in (i) and the date or dates each of those names was changed; failure to meet these requirements shall be grounds for denying certification of the candidate's name for the ballot or removing the candidat e's name from the ballot, as appropriate, but these requirement s do not apply to name changes resulting from adopti on to assume an adoptive parent's or parents' surname, ma rriage or civil union to assume a spouse's surname, or disso lution of marriage or civil union or declaration of invalidity of marriage or civil union to assume a former surname or a na me change that conforms the candidate's name to his or her gen der identity. No other designation such as a political slogan, title, or degree or nickname suggesting or implying possess ion of a title, degree or professional status, or similar info rmation may be used in connection with the candidate's surn ame. For purposes of this Section, a "political slogan" is def ined as any word or words expressing or connoting a positio n, opinion, or belief that the candidate may espouse, includi ng, but not limited to, any word or words conveying any meaning other than that of the personal identity of the candidate. A candidate may not use a political slogan as part of his or her na me on the ballot, notwithstanding that the political slogan may be part of the candidate's name. (f) The Sta te Board of Elections, a local election official, or an electio n authority shall remove any candidate's name designation from a ballot that is inconsistent with subsectio n (e) of this Section. In addition, the State Board of Elections, a local election official, or an election authorit y shall not certify to any election authority any candi date name designation that is inconsistent with subsection (e) of this Section. (g) If the State Board of Elections, a local election offic ial, or an election authority removes a candidate's name designation from a ballot under subsection (f) of this Section , then the aggrieved candidate ma y seek appropriate relief in circuit court. Where voting machines or electronic voting syste ms are used, the provisions of this Section may be modified as required or authorized by Article 24 or Article 24A, whichever is applicable. Nothing in this Section shall prohi bit election authorities from using or reusing ballot card envelopes which were printed before January 1, 1986 (the effective date of Public Act 84-820).(Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23; 103-467, eff. 8-4-23; revised 7-23-24.) (10 ILCS 5/17-5) (from Ch. 46, par. 17-5) Sec. 17-5. The manner of voting shall be by ballot. The ballot shall be printed or written, or partly printed and partly written, and shall be, except as otherwise pr ovided in Article 8A, in the form as prescribed in Article 16 of th is Act.(Source: Laws 1964, 1st S.S., p. 711; revised 7-23-24.)

(10 ILCS 5/17-12) (fro

m Ch. 46, par. 17-12) Sec. 17-12. The ballot shall be folde d by the voter and delivered to one of the judges of electio n; and if the judge is be satisfied, that the person offering the vote is a legal voter, the judges of election shall enter the name of the voter, and his number, u nder the proper heading in the poll books, (except as otherwise provided in Ar ticle Articles 4, 5, or 6) and shall immediately put the ballot into the ballot box. The voter shall in like manner fold a nd deliver the separate blue ballot or ballots pertainin g to a proposal or proposals for constitutional amendments or the calling of a constitutional convention, if such proposal or prop osals have been submitted to a vote of the people at such elec tion and shall also in like manner fold and deliv er the separate representative ballot provided for in Article 8 A in cases where that Article is applicable. The ju dge of election to whom the voter delivers his ballots shall not accept the same unless all of the ballots given to t he voter are returned by him. If a voter delivers less than al l of the ballots given to him, the judge to whom the same a re offered shall advise him in a voice clearly audible to the o ther judges of election that the voter must return the remainder of the ballots. T he statement of the judge to the voter shall clearly express the fact that the vot er is not required to vote such remaining ballots but that whether or not he votes them he must fold and deliver them t o the judge. In making such statement, the ju dge of election shall not indicate by word, gesture, or intonation of voice that the unreturned b allots shall be voted in any particular manner. No new voter sha ll be permitted to enter the voting booth of a voter who has failed to deliver th e total number of ballots received by him until such voter has returned to the voting booth pursuant to the judge's request and again quit the booth with all of the ba llots required to be returned by him. Upon receipt of all such ballots, the judges of election shall enter the nam e of the voter, and his number, as above provided in this Section section, and the judge to whom the ballots are delivered shall immediately put the ba llots into the ballot box but, in the case of an election for Representatives in the General Assembly pursu ant to Article 8A, the official representative ballot shal l be placed in the separate ballot box provided for such pu rpose. If any voter who has failed to deliver all the b allots received by him refuses to return to the voting booth after being advised by the judge of e lection as herein provided, the judge shall inform the other j udges of such refusal, and thereupon the b allot or ballots returned to the judge shall be deposited into in the bal lot box, the voter shall be permitted to depart from the poll ing place, and a new voter shall be permitted to enter the voti ng booth. No judge of election shall accept f rom any voter less than the full number of ballots received by such voter without first advising the voter in the manner above provided of the necessity of returning all of the ballots, nor shall any judge advise such voter in a manner contrary to that which is herein permitted, or in a ny other manner violate the provisions of this Section section; provided that the acceptance by a ju dge of election of less than the full number of ballots delivered to a voter who refuses to return to the voting booth afte r being properly advised by the judge shall not be a violation of this Section section.(Source: Laws 1964, 1st S.S., p. 711; revised 7-23-24.) (10 ILCS 5/28-3)

(from Ch. 46, par. 28-3) Sec. 28-3. Form of petition for public question. Petitions for the submission of public question s shall consist of sheets of uniform size and each sheet s hall contain, above the space for signature, an appropriate hea ding, giving the information as to the question of public po licy to be submitted, and specifying the state at large or the political subdivision or district or precinct or combination of precincts or other territory in which it is to be submitted and, w here by law the public question must be submitted at a particu lar election, the election at which it is to be submitted. In t he case of a petition for the submission of a public questi on described in subsection (b) of Section 28-6, the h eading shall also specify the regular election at which the question is to be submitted and include the precinc ts included in the territory concerning which the public question is to be submitted, as well as a common desc ription of such territory in plain and nonlegal language, such description to describe the territory by reference to streets, natural or artificial landmarks, addresses or any other method which would enable a voter signing the petition to be i nformed of the territory concerning which the question is to be submitted. The heading of each sheet shall be the same. S uch petition shall be signed by the registered voters of the political subdivision or district or precinct or combina tion of precincts in which the question of public policy is to be submitted in their own proper persons only, and oppo site the signature of each signer his residence address shall be written or printed, which residence address shall include the street address or rural route number of the signer, as the case may be, as well as the signer's county, and city, villag e or town, and state; provided that the county or city, vill age or town, and state of residence of such electors may be p rinted on the petition forms where all of the electors signi ng the petition reside in the same county or city, village or town, and state. Standard abb reviations may be used in writing the residence address, inc luding street number, if any. No signature shall be valid or be counted in considering the validity or sufficiency of such petit ion unless the requirements of this Section are complied with.

At the bottom of each sheet of such petitio n shall be added a circulator's statement, signed by a person 18 years of age or older who is a citizen of the United States, st ating the street address or rural route number, as the case may be, as well as the county, city, village or town, and state; certifying that the signatures on that sheet of th e petition were signed in his or her presence and are genuine , and that to the best of his or her knowledge and belief the persons so signing were at the time of signing the petition registered voters of the political subdivision or district or precinct o r combination of precincts in which the question of public policy is to be submitted and that their respective residences are correctly state d therein. Such statement shall be sworn to before some offic er authorized to administer oaths in this State. Such sheets, before being filed with the proper officer or board, shall be bound s ecurely and numbered consecutively. The sheets shall not be fa stened by pasting them together end to end, so as to form a continuous strip or roll. All petition sheets which are f iled with the proper local election officials, election auth orities or the State Board of Elections shall be the origin al sheets which have been signed by the voters and by the c irculator, and not photocopies or duplicates of such sheets. A petition, when presented or filed, shall not be withd rawn, altered, or added to, and no signature shall be revoked except by revocation in writing presented or filed with the b oard or officer with whom the petition is required to be presented or filed, and before the presentment or filing of such petition, except as may otherwise be provided in anoth er statute which authorize the public question. Whoever f orges any name of a signer upon any petition shall be deemed g uilty of a forgery, and on conviction thereof, shall be punishe d accordingly. In addition to the foregoing requirements, a petition proposing an amendment to Article IV of the Const itution pursuant to Section 3 of Article XIV of the Const itution or a petition proposing a question of public polic y to be submitted to the voters of the entire State shall be in conformity with the requirements of Section 28- 9 of this Article. If multiple sets of peti tions for submission of the same public questions are filed, the State Board of Elections, appropriate election authori ty or local election official where the petitions are filed s hall within 2 business days notify the proponent of his or her multiple petition filings and that proponent has 3 business days after receipt of the notice to notify the State Board o f Elections, appropriate election authority or local election of ficial that he or she may cancel prior sets of petitions. If the proponent notifies the State Board of Elections, appropri ate election authority or local election official, the last set of petitions filed shall be the only petitions to be cons idered valid by the State Board of Elections, appropriate election author ity or local election official. If the proponent fails to notify the State Board of Elections, appropriate election authority or local election off icial then only the first set of petitions filed shall be valid and all subsequen t petitions shall be void.(Source: P.A. 98-756, eff. 7-16-14; revised 7-23-24.) (10 ILCS 5/Art. 29 heading

) ARTICLE 29. PROHIBITIONS AND PENALTIES .

Section 50. The Uniform Faithful Presidential Electors Act is amended by changing Section 5-1 as follows: (10 ILCS 22/5-1) Sec. 5-1. Short title. This Article Act may be cited as the Uniform Faithful Presidential Electors Act. As used in this Article, "this Act" refers to this Article.(Sour ce: P.A. 103-600, eff. 7-1-24; revised 10-23-24.)

Section 55. The Language Equity and Access Act is amended by changing Section 10 as fo llows: (15 ILCS 56/10) Sec. 10. Defi nitions. In this Act: "Interpretation" means listening to a communication in one language and orally converting it to a nother language in a manner that preserves the intent and meaning of the original message. "Language assistance services" means oral and written langu age services needed to assist LEP persons

individuals to communicate e ffectively with staff, and to provide LEP persons individuals with meaningful access to, and equal opportunity to participate ful ly in, the services, activities, or other programs administered by the State. "Limi ted English proficient (LEP) person" means an individual who do es not speak English as his or her primary language a nd who has a limited ability to read, speak, write, or und erstand English. "Meaningful access" me ans language assistance that results in accurate, timely, and effective communication at no c ost to limited English proficient persons. Fo r LEP persons, meaningful access denotes access that i s not unreasonably restricted, delayed, or inferior as compa red to access to programs or activities provided to English proficient persons individuals.

"State agency" means an executive agency, depa rtment, board, commission, or authority directly res ponsible to the Governor. "Translation" m eans the conversion of text from one language to another in a written form to convey the intent and essential meaning of the original text. "Vital documents" means paper or electronic written material that contains information that affects a person's access to, retention of, termination of, or exclusion from program services or benefits or is required by law.(Source: P.A. 103-723, eff. 8-2-24; revised 10-23-24.) Section 60. The Illinois Identification Card Act is amended by changing Sections 4, 5, a nd 12 as follows: (15 ILCS 335

/4) Sec. 4. Identificat ion card. (a) In acco rdance with the requirements of this Section, the Secretary of State shall issue a standard Illinois Identification Card, a s well as a mobile Illinois Identification Card, to any natur al person who is a resident of the State of Illinois who a pplies for such a card, or renewal thereof. No identifica tion card shall be issued to any person who holds a val id foreign state identification card, license, or permit unl ess the person first surrenders to the Secretary of State the v alid foreign state identification card, license, or permi t. The card shall be prepared and supplied by the Secre tary of State and shall include a photograph and signature or mark of the applicant. However, the Secretary of State may provide by rule for the issuance of Illinois Identification Car ds without photographs if the applicant has a bona fide religi ous objection to being photographed or to the display of h is or her photograph. The Illinois Identification Card may be used for identification purposes in any lawful situatio n only by the person to whom it was issued. As used in this Act , "photograph" means any color photograph or digitally produced and captured image of an applicant for an identification card. As used in this Act, "signature" means the name of a person as written by that pers on and captured in a manner acceptable to the Secre tary of State. (a-5) If an applicant f or an identification card has a current driver's licens e or instruction permit issued by the Secretary of State, the Sec retary may require the applicant to utilize the same residence address and name on the identification card, driver's license, and ins truction permit records maintained by the Secretary. The S ecretary may promulgate rules to implement this provis ion. (a-10) If the applicant is a judicial officer as defined in Section 1-10 of the Jud icial Privacy Act or a peace officer, the applicant may elect to have his or her office or work address listed on the card inst ead of the applicant's residence or mailing address. The Secreta ry may promulgate rules to implement this provision. For the purposes of this subsection (a-10), "peace officer" means any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for a viol ation of any penal statute of this State, whether that duty ext ends to all violations or is limited to specific violation s. (a-15) The Secretary of State may provide for an expedited process for the issuance of an Ill inois Identification Card. The Secretary shall charge an addi tional fee for the expedited issuance of an Illinois Iden tification Card, to be set by rule, not to exceed $75. All fees collected by the Secretary for expedited Illinois Identi fication Card service shall be deposited into the Secretary of State Special Services Fund. The Secretary may adopt rules rega rding the eligibility, process, and fee for an expedited Illi nois Identification Card. If the Secretary of State determine s that the volume of expedited identification card requests rec eived on a given day exceeds the ability of the Secretary t o process those requests in an expedited manner, the Secre tary may decline to provide expedited services, and the additio nal fee for the expedited service shall be refunded to the appl icant. (a-20) The Secretary of State shall issue a standard Illinois Identification Card to a person committed to the Department of C orrections, the Department of Juvenile Justice, a Federa l Bureau of Prisons facility located in Illinois, or a county jail or county department of corrections as foll ows: if the person has a social security nu mber, ( 1) A committed person who has previously held an Illi nois Identification Card or an Illinois driver's licen se shall submit an Identification Card verification form to the Secretary of State, including a photograph taken by the correctional facility, proof of residency upon discharge, and a social security number, if the com mitted person has a social security number. If the committed person does not have a social security number an d is eligible for a social security number, the Secretary of State shall not issue a standard Illinois Identification Card until the committed person obtains a social securit y number. If the committed person's photograph and demogra phic information matches an existing Illinois Identificat ion Card or Illinois driver's license and the Secretary of State verifies the applicant's social security nu mber with the Social Security Administration, the Secre tary of State shall issue the committed person a s tandard Illinois Identification Card. If the photograph or demographic information matches an existing Illinois Id entification Card or Illinois driver's license in another person's name or identity, a standard Illinois Identificatio n Card shall not be issued until the committed person submi ts a certified birth certificate and social security ca rd to the Secretary of State and the Secretary of State verifies the identity of the comm itted person. If the Secretary of State cannot find a match to an existing Illinois Identification Card or Illinois dr iver's license, the committed person may apply for a standard Illinois Identification card as described in para graph (2). (2) A com mitted person who has not previously held an Illinois Identification Card or Illinois driver's license or for w hom a match cannot be found as described in paragraph (1) shall submit an Illinois Identification Card verifica tion form, including a photograph taken by the correction al facility, a certified birth certificate, proof of re sidency upon discharge, and a social security number, if the committed has a social security number. If the committe d person does not have a social security number and is eligible for a social security number, the Secretary o f State shall not issue a standard Illinois Ide ntification Card until the committed pe rson obtains a social security number. If the Secre tary of State verifies the applicant's social security n umber with the Social Security Administration, the Secretary of State shall iss ue the committed person a standard Illinois Identification C ard. The Illinois I dentification Card verification form described in this subsection sha ll be prescribed by the Secretary of State. The Secretary of State and correctional facilities in this S tate shall establish a secure method to transfer the fo rm. (a-25) The Secretary of State shall issue a limited-term Illinois Identification Card valid for 90 days to a committed person upon release on parole , mandatory supervised release, aftercare release, f inal discharge, or pardon from the Department of Corrections, the Dep artment of Juvenile Justice, a Federal Bureau of Prisons facility located in Illinois, or a county jail or count y department of corrections, if the released person does not ob tain a standard Illinois Identification Card as described in subsection (a-20) prior to release but does present a Secretary of State prescribed Identification Card verificati on form completed by the correctional facility, verifyi ng the released person's date of birth, social security number, if the person has a social securi ty number, and his or her Illinois residence address. The verific ation form must have been completed no more than 30 days prio r to the date of application for the Illinois Identification Card. Prior to the expiration of the 90-day period of the limited-term Illinois Identif ication Card, if the released person submits to the Secretary of St ate a certified copy of his or her birth certificate and hi s or her social security card, if the person has a social security number, or other documents authorized by the Secret ary, a standard Illinois Identification Card shall be iss ued. A limited-term Illinois Identification Card may no t be renewed. This subsection shall not app ly to a released person who was unable to obtain a standard Ill inois Identification Card because his or her photograph or d emographic information matched an existing Illinois Identif ication Card or Illinois driver's license in another perso n's name or identity or to a released person who does not have a social security number and is eligible for a social security number. (a-30) The Secretary of State shall issue a standard Illinois Identi fication Card to a person upon conditional release or absolu te discharge from the custody of the Department of Human Serv ices, if the person presents a certified copy of his or her b irth certificate, social security card, if the person has a soci al security number, or other documents authorized by the Secr etary, and a document proving his or her Illinois residence address. The Secretary of State shall issue a standard Illi nois Identification Card to a person prior to his or her conditional release or absolute discharge if personnel fro m the Department of Human Services bring the person to a Secre tary of State location with the required documents. Documents proving residen ce address may include any official document of the Department of Hum an Services showing the person's address after release and a Secretary of State prescribed verification form, which may be executed by personnel of the Department of Human Servi ces. (a-35) The Secretary of St ate shall issue a limited-term Illinois Identificati on Card valid for 90 days to a person upon conditional releas e or absolute discharge from the custody of the Department o f Human Services, if the person is unable to present a certified copy of his or her birth certificate and social security card, if the person has a social security number, or other documents authorized by the Secretary, but does present a Secretary of State prescribed verification form completed by the Department of Human Services, verifying the person 's date of birth and social security number, if the person has a social security number, and a document proving his or he r Illinois residence address. The verification form must have b een completed no more than 30 days prior to the date of appli cation for the Illinois Identification Card. The Secretary of State shall issue a limited-term Illinois Identi fication Card to a person no sooner than 14 days prior to his or her conditional release or absolute discharge if personnel from the Department of Human Services bring the person to a Secretary of State location with the required documents. Documents proving residence address shall include any official document of the Departm ent of Human Services showing the person's address after release and a Secretary of State prescribed verification form , which may be executed by personnel of the Department of Hu man Services. (b) The Secretary of State sha ll issue a special Illinois Identification Card, which shal l be known as an Illinois Person with a Disability Identifica tion Card, to any natural person who is a resident of the Sta te of Illinois, who is a person with a disability as defined in Section 4A of this Act, who applies for such card, or renewal thereof. No Illinois Person with a Disability Identification Card shall be issued to any person who holds a valid forei gn state identification card, license, or permit unless the person first surrenders to the Secretary of State the valid foreign state identification card, license, or p ermit. The Secretary of State shall charge no fee to issue such card. The card shall be prepared and supplied by the Sec retary of State, and shall include a photograph and signatur e or mark of the applicant, a designation indicating that the card is an Illinois Person with a Disability Iden tification Card, and shall include a comprehensible designatio n of the type and classification of the applicant's disabili ty as set out in Section 4A of this Act. However, the Secr etary of State may provide by rule for the issuance of Illinois Person with a Disability Identification Car ds without photographs if the applicant has a bona fide religi ous objection to being photographed or to the display of his or her photograph. If the applicant so requests, th e card shall include a description of the applicant's dis ability and any information about the applicant's disability or medical history which the Secretary determ ines would be helpful to the applicant in securing emergency me dical care. If a mark is used in lieu of a signature, such mark shall be affixed to the card in the presence of 2 two witnesses who attest to the authenticity of the mark. The Illinois Person with a Di sability Identification Card may be used for identification pu rposes in any lawful situation by the person to whom it wa s issued. The Illinois Person with a Disabil ity Identification Card may be used as adequate documenta tion of disability in lieu of a physician's determinat ion of disability, a determination of disability from a physici an assistant, a determination of disability from an a dvanced practice registered nurse, or any other documentati on of disability whenever any State law requires that a person with a disability provide such documentation of disabil ity, however an Illinois Person with a Disability Identifi cation Card shall not qualify the cardholder to participate in any program or to receive any benefit which is not avail able to all persons with like disabilities. Notwithstanding any other provisions of law, an Illinois Person with a Disabili ty Identification Card, or evidence that the Secretary of State has issued an Illinois Person with a Disability Identificatio n Card, shall not be used by any person other than the person na med on such card to prove t hat the person named on such card is a person with a d isability or for any other purpose unless the card is used f or the benefit of the person named on such card, and the person named on such card consents to such use at the time the card is so used. An optometrist's determination of a visual disability under Se ction 4A of this Act is acceptable as documentation for the purpose of issuing an Illinois Person with a Disability Iden tification Card. When medical in formation is contained on an Illinois Person with a Disabilit y Identification Card, the Office of the Secretary of Sta te shall not be liable for any actions taken based upon that m edical information. (c) The Secretary of Sta te shall provide that each original or renewal Illinois Identif ication Card or Illinois Person with a Disability I dentification Card issued to a person under the age of 21 shall be of a distinct nature from those Illinois Identificati on Cards or Illinois Person with a Disability Identification Ca rds issued to individuals 21 years of age or older. The color designated for Illinois Identification Cards or Illinois Pers on with a Disability Identification Cards for persons under th e age of 21 shall be at the discretion of the Secretary of State . (c-1) Each original or renewal Ill inois Identification Card or Illinois Person with a Disability Id entification Card issued to a person under the age of 21 s hall display the date upon which the person becomes 18 years of age and the date upon which the person becomes 21 year s of age. (c-3) The General Assembly recognizes the need to identify military veterans living in this State for the purpose of ensuring that they receive all of the services and benefits to which they are legally entitle d, including healthcare, education assistance, and job p lacement. To assist the State in identifying these veteran s and delivering these vital services and benefits, the Secreta ry of State is authorized to issue Illinois Identification C ards and Illinois Person with a Disability Identificatio n Cards with the word "veteran" appearing on the face of th e cards. This authorization is predicated on the unique status of veter ans. The Secretary may not issue any other identification card which identifies an occupation, status, affiliation, hobby, o r other unique characteristics of the identification card ho lder which is unrelated to the purpose of the identification card. (c-5) Beginning on or before J uly 1, 2015, the Secretary of State shall designate a space on each original or renewal identification card where, at t he request of the applicant, the word "veteran" shall be placed. The veteran designation shall be available to a per son identified as a veteran under subsection (b) of Sectio n 5 of this Act who was discharged or separated under honorab le conditions. (d) The Secretary of State may issue a Senior Citizen discount card, to any natural person who is a resident of the State of Illinois who is 6 0 years of age or older and who applies for such a card or renewal thereof. The Secretary of State shall charge no fee to i ssue such card. The card shall be issued in every county and a pplications shall be made available a t, but not limited to, nutrition sites, senior citizen cen ters and Area Agencies on Aging. The applicant, upon receip t of such card and prior to its use for any purpose, shall have affixed thereon in the space provided therefor his sign ature or mark. (e) The Secretary of Sta te, in his or her discretion, may designate on each Illinois I dentification Card or Illinois Person with a Disability Ide ntification Card a space where the card holder may place a sticker or decal, issu ed by the Secretary of State, of uniform size as the Secretary may specify, that shall indicate in appropriate l anguage that the card holder has renewed his or her Illinois I dentification Card or Illinois Person with a Disability I dentification Card. (f)(1) The Secretary of S tate may issue a mobile identification card to an individual wh o is otherwise eligible to hold a physical credential in a ddition to, and not instead of, an identification card i f the Secretary of State has issued an identification card to t he person. The data elements that are used to build an electronic credential must match the individual's current Department record. (2) The S ecretary may enter into agreements or contract with an agen cy of the State, another state, the United States, or a third party to facilita te the issuance, use, and verification of a mobile identi fication card issued by the Secretary or another state. (3) Any mobile identification card issued b y the Secretary shall be in accordance with the most recent AAMVA stand ards. (4) The Secretary shall desig n the mobile identification card in a manner that allows the credential holder to maintain phys ical possession of the device on which the mobile identifi cation card is accessed during verification. (g) The verifica tion process shall be implemented to require: (1) the relying parties to authentic ate electronic credentials in accordance with applicable AAMVA standards p rior to acceptance of the electronic credential; (2) the Secretary to ensure t hat electronic credential data is subject to all jurisdictional data security and privacy protection laws and regulations; an d (3) the relying parties to reques t only electronic credential data elements that are necessa ry to complete the transaction for which data is bein g requested. (h) Privacy and tracking of data shall be restricted by implementing the following re quirements: (1) the relying parties shall retain only elect ronic credential data elements for which the relying party explicitly obtained consent from the electronic credent ial holder and shall inform the electronic credential holde r of the use and retention period of the electronic dat a elements; (2) the Secreta ry shall use an electronic credential system that is desi gned to maximize the privacy of the credential hold er in accordance with State and federal law and shal l not track or compile information without the credential holder's consent; and (3) the Department shall only compile and disclose information regarding the use of the credential as required by State or federal law. (i) (1) The electronic credential holder shall be required to have the holder's their physical credential on the holder's their person for all purposes for which an identification card is required. No person, pu blic entity, private entity, or agency shall establish a poli cy that requires an electronic credential instead of a physic al credential. (2) Electronic credential systems shall be designed so that the re is no requirement for the electronic credential holder to display or relinquish possession of the credenti al holder's mobile device to relying parties for the acce ptance of an electronic credential. (3) When required by law and upon request by law e nforcement, a credential holder must provide the cred ential holder's physical credential. (4) Any law or regulation that requires an individual to surrender the individual's their physical credential to law enforcement does not apply to the device on which an electronic credential has been prov isioned. (j) A person may be required to produce when so requeste d a physical identification card to a law enforcement off icer, a representative of a State or federal department or agency, or a private entity and is subject to all applicable laws and consequences for failure to produce such an identificati on card. (k) The Secretary of State shall a dopt such rules as are necessary to implement a mobile ident ification card. (l) The display of a mo bile identification card shall not serve as consent or auth orization for a law enforcement officer, or any other person , to search, view, or access any other data or applicati on on the mobile device. If a person presents the person's mo bile device to a law enforcement officer for purposes of dis playing a mobile identification card, the law enforcement offic er shall promptly return the mobile device to the person o nce the officer has had an opport unity to verify the identity of the person. Except for will ful and wanton misconduct, any law enforcement officer, cour t, or officer of the court pr esented with the device shall be immune from an y liability resulting from damage to the mobile device. (m) The fee to i nstall the application to display a mobile identification card as defined in this subsection shall not exceed $6. (n) As used in this Secti on: "AAMVA" means the American Association of Motor Vehicle Administrators. "Credential" means a dri ver's license, learner's permit, or identification card. "Crede ntial holder" means the individual to whom a mobile driv er's license or a mobile identifica tion card is issued. "Data element" mea ns a distinct component of a customer's information that is found on the Department's customer record. "Department" means the Secretary of State Department of Driver Services. "Electronic credential" means an electron ic extension of the departmental issued physical cr edential that conveys identity and complies with AAMVA's mobile driver license Implementation guidelines and the ISO/IEC 18013-5 standa rd. "Electronic credential system" mea ns a digital process that includes a me thod for provisioning electronic credentials, r equesting and transmitting electronic credential data elements, and performing tasks to maintain the system. "Full prof ile" means all the information provided on an identifi cation card. "ISO" means the Internat ional Organization for Standardization, which creates unifor m processes and procedures. "Limited profil e" means a portion of the information provided on an Identif ication Card. "Mobile identification card" me ans a data file that is available on any mobile device that h as connectivity to the Internet through an application that al lows the mobile device to download the data file from th e Secretary of State, that contains all the data elemen ts visible on the face and back of an identificati on card, and that displays the current status of the identification card. "Mobile identification card" does not include a copy, photograph, or image of an Illinois Identi fication Card that is not downloaded through the app lication on a mobile device. "Physica l credential" means a Department-issued Department issued document that conveys identity in accordance with the Illinois Identification Card Act. "Pro vision" means the initial loading of an electronic cr edential onto a device. "Re lying party" means the entity to which the credential holder presents the electronic credential. "Verif ication process" means a method of authenticating the electron ic credential through the use of secured encryption communicat ion. (o) ( f) Upon providing the required documentation, at the request of the applicant, the identifica tion card may reflect Gold Star Family designation. The Secretary shall designate a space on each original or renewal of an identification card for such designation. This designation shall be available to a person eligible for Gold Star license plates under subsecti on (f) of Section 6-106 of the Illinois Vehicle Code. (Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24; 103-345, ef f. 1-1-24; 103-605, eff. 7-1-24; 103-78 2, eff. 8-6-24; 103-824, eff. 1-1-25; 103-933, eff. 1-1-25; revised 11-26-24.) (15 ILCS 33

5/5)

Sec. 5. Applications. (a) Any natural person w ho is a resident of the State of Illinois may file an applicati on for an identification card, or for the renewal thereof, in a manner prescribed by the Secretary. Each original appl ication shall be completed by the applicant in full and shal l set forth the legal name, residence address and zip code, social security number, if the person has a social security number, birth date, sex and a brief description of the applicant. The applicant shall be photographed, unless t he Secretary of State has provided by rule for the issuance o f identification cards without photographs and the applica nt is deemed eligible for an identification card withou t a photograph under the terms and conditions imposed by the Se cretary of State, and he or she shall also submit any other inf ormation as the Secretary may deem necessary or such docume ntation as the Secretary may require to determine the ident ity of the applicant. In addition to the residence address , the Secretary may allow the applicant to provide a mai ling address. If the applicant is an employee of the Department of Children and Family Services with a job title of "Child Protection Specialist Trainee", "Child Protect ion Specialist", "Child Protection Advanced Specialist", "Child Welfare Specialist Trainee", "Child Welfare Specialist", or "Child Welfare Advanced Specialist" or a judicial officer as defined in Section 1-10 of the Judicial Privacy Act or a peace officer, the appl icant may elect to have his or her office or work address in lieu of the applicant's residence or mailing address. An a pplicant for an Illinois Person with a Disability Identificati on Card must also submit with each original or renewal app lication, on forms prescribed by the Secretary, such docum entation as the Secretary may require, establishing that the ap plicant is a "person with a disability" as defined in Section 4A of this Act, and setting forth the applicant's type and class of disability as set forth in Section 4A of this Act. For the purposes of this subsection (a), "peace officer" means any person who by virtue of his or her office or public employment is vested by law wit h a duty to maintain public order or to make arrests fo r a violation of any penal statute of this State, whether that duty extends to all violations or is limited to specific violati ons. (a-5) Upon the first issuance of a request for proposals for a digital driver's license and identification card issuance and facial recognition system issued after January 1, 2020 (the effective date of Public Act 10 1-513), and upon implementation of a new or revised s ystem procured pursuant to that request for proposals, the S ecretary shall permit applican ts to choose between "male", "female", or "non-binary " when designating the applicant's sex on the identification ca rd application form. The sex designated by the applicant shall be displayed on the identification card issued to the ap plicant. (b) Beginning on or before July 1, 20 15, for each original or renewal identification card applicatio n under this Act, the Secretary shall inquire as to whether the appl icant is a veteran for purposes of issuing an identification card with a veteran designation under subsection (c-5) of Sectio n 4 of this Act. The acceptable forms of proof shall include, but a re not limited to, Department of Defense form DD-214, Dep artment of Defense form DD-256 for applicants who did not receive a form DD-214 upon the completion of initial basic training, Department of Defense form DD-2 (Retir ed), an identification card issued under the federal Veter ans Identification Card Act of 2015, or a United States De partment of Veterans Affairs summary of benefits letter. I f the document cannot be stamped, the Illinois Department of Ve terans' Affairs shall provide a certificate to the veter an to provide to the Secretary of State. The Illinois Depart ment of Veterans' Affairs shall advise the Secretary as to what other forms of proof of a person's status as a veteran are acceptable. For each applicant who is i ssued an identification card with a veteran designation , the Secretary shall provide the Department of Veterans' Affairs with the applicant's name, address, date of birt h, gender, and such other demographic information as agreed to by the Secretary and the Department. The Department may take s teps necessary to confirm the applicant is a veteran. If after due diligence, including writing to the applicant at the address provided by the Secreta ry, the Department is unable to verify the applicant's veteran status, the Department shall inform the Secretary, who shall notify the applicant that he or s he must confirm status as a veteran, or the identificat ion card will be canceled cancelled. For purposes of this subsection (b): "Armed forces" means any of the Armed Forces of the United States, including a member o f any reserve component or National Guard unit. "Veteran" means a person who has served in the armed forces a nd was discharged or separated under honorable conditions. (b-1) An applicant who is eligible for Gol d Star license plates under Section 3-664 of the Illino is Vehicle Code may apply for an identification card with space for a designation as a Gold Star Family. The Secretary may waive any fee for this application. If the Secretary d oes not waive the fee, any fee charged to the applicant mus t be deposited into the Illinois Veterans Assistance Fund. Th e Secretary is authorized to issue rules to implement th is subsection. (c) All applicants for REAL ID compliant standard Illinois Identification Cards an d Illinois Person with a Disability Identification Card s shall provide proof of lawful status in the United States as defined in 6 CFR 37.3, as amended. Applicants who are una ble to provide the Secretary with proof of lawful status are in eligible for REAL ID compliant identification cards under t his Act. (d) The Secretary of State may accep t, as proof of date of birth and written signature for any appl icant for a standard identification card who does not have a social security number or documentation issued by the United States Department of Homeland Security author izing the applicant's presence in this country, any passport v alidly issued to the applicant from the applicant's countr y of citizenship or a consular identification document validly issued to the applicant by a consulate of that country as defined in Section 5 of the Consular Identification Document Act. Any such documents must be either unexpired or presented by an applicant within 2 years of its expiration date. (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24; 103-888, eff. 8-9-24; 103-933, eff. 1-1-25; revised 12-1-24.) (15 ILCS 335

/12) (from Ch. 124, par. 32) Sec. 12. Fees concerning standard Illinois Identification Cards. The fees required under this Act for standard Illinois Identification Cards must accompany any application provided for in this Act, and the Secretary shall collect such fees as follows:

facility located in of Prisons facility loc from the Department of Huma is Act shall be paid into the Road Fund of the State treasur y, except that the following amounts shall be paid into the General Revenue Fund: (i) 80% of the fee for an original, renewal, or duplicate Illinois Identification Card issued on or after January 1, 2005; and (ii) 80% of the fee for a corr ected Illinois Identification Card issued on or after January 1, 2005. An individual, who resides in a veterans home or veterans hospital operated by the Sta te or federal government, who makes an application for an I llinois Identification Card to be issued at no fee, must submit, along with the applica tion, an affirmation by the applicant on a form provided by the Secretary of State, that such person resides in a veterans hom e or veterans hospital operated by the State or federal govern ment. The application of a homeless individua l for an Illinois Identification Ca rd to be issued at no fee must be accompanied by an affirm ation by a qualified person, as defined in Section 4C of this A ct, on a form provided by the Secretary of State, that the appl icant is currently homeless as defined in Section 1A of this A ct. For the application for the first Ill inois Identification Card of a youth for whom the Department o f Children and Family Services is legally responsible or a foste r child to be issued at no fee, the youth must submit, along w ith the application, an affirmation by his or her court appo inted attorney or an employee of the Department of Chil dren and Family Services on a form provided by the Secretary of State, that the person is a youth for whom the D epartment of Children and Family Services is legall y responsible or a foster child. The fee for any duplicate identification card shall be waived f or any person who presents the Secretary of State 's Office with a police report showing that his or her identifica tion card was stolen. The fee for any dupl icate identification card shall be waived for any person age 60 or older whose identification card has been lost or stolen.

As used in this Section, "active-dut y member of the United States Armed Forces" means a membe r of the Armed Services o r Reserve Forces of the United States or a member of the Illinois National Guard who is called to active duty pursuant to an executive order of the President of the United States, an act of the Con gress of the United States, or an order of the Governor. (Sourc e: P.A. 103-782, eff. 8-6-24; revised 10-21-24.)

Section 65. The State Treasurer Act is amended by changing Section 16.8 as follows: (15 ILCS 505/16.8) S ec. 16.8. Illinois Highe r Education Savings Program.

(a) Definitions. As used in this Section: "Beneficiary" means an eligible child named as a recipient of see d funds. "Eligible child" means a chil d born or adopted after December 31, 2022, to a parent who is a resident of Illinois at the time of the birth or adoption, as evidenced by documentation received b y the State Treasurer from the Department o f Revenue, the Department of Public Health, another State or l ocal government agency, or a parent or legal guard ian of the child. "Eligible educational i nstitution" means instit utions that are described in Section 1001 of the feder al Higher Education Act of 1965 that are eligible to participa te in Department of Education student aid progr ams. "Fund" means the Illinois Highe r Education Savings Program Fund. "Omnibus account" means the poole d collection of seed funds owned and managed by the State Treasurer in the College Savings Pool under this Act. "Program" means the Illinois Higher Education S avings Program. "Qualified higher educatio n expense" means the following: (i) tuition, fees, and the cost s of books, supplies, and equipment required for enroll ment or attendance at an eligible educational institution; ( ii) expenses for special needs services, in the case of a special needs beneficiary, which are incurred in connection with such enrollment or attendance; (iii) certain expenses fo r the purchase of computer or peripheral equipment, computer software, or Internet access and related services as defi ned under Section 529 of the Internal Revenue Code; (iv) room and board expenses incurred while attending an elig ible educational institution at least half-time; (v) e xpenses for fees, books, supplies, and equipment required for the participation of a designated beneficiary in an a pprenticeship program registered and certified with the Se cretary of Labor under the Natio nal Apprenticeship Act (29 U.S.C. 50); and (vi) amounts pai d as principal or interest on any qualified education loan of the desig nated beneficiary or a sibling of the designated be neficiary, as allowed under Section 529 of the Internal Reven ue Code. "Seed funds" means the deposit ma de by the State Treasurer into the Omnibus Accounts for Pro gram beneficiaries. (b) Program established. The State Treasurer shall establish the Illinois Higher Education Savings Program as a part of the College Savings Pool under Secti on 16.5 of this Act, subject to appropriation by the General A ssembly. The State Treasurer shall administer the Program for the purposes of expanding access to higher education thr ough savings. (c) Program enrollment. The Sta te Treasurer shall enroll all eligible children in the Program beginning in 202 3, after receiving records of recent births, adoptions, or dependents from the Department of Revenue, the Department of Public Health, ano ther State or local government agency designated by the State Treasurer, or documentation as may be required by the State Treasurer from a paren t or legal guardian of the eligible child. Notwithstanding any court order which would ot herwise prevent the release of information, the Department of Public Health is authorized to release the informatio n specified under this subsection (c) to the State Treas urer for the purposes of the Program established under this Section. (1) Be ginning in 2021, the Department of Public Health shall provide the State Treasurer with information on rece nt Illinois births and adoptions including, but not limi ted to: the full name, residential address, birth date, an d birth record number of the child and the full name and r esidential address of the child's parent or legal guardian for the purpose of enrolling eligible children in the P rogram. This data shall be provided to the S tate Treasurer by the Department of Public Health on a qu arterly basis, no later than 30 days after the end of each quarter, or some other date and frequency as mutually agreed to by the St ate Treasurer and the Department of Public Health. (1.5) Beginning in 2021, t he Department of Revenue shall provide the State Treasure r with information on tax filers claiming dependents or th e adoption tax credit, including, but no t limited to: the full name, residential address, email address, phone number, birth date, and social secu rity number or taxpayer identification number of the depend ent child and of the child's parent or legal guardian fo r the purpose of enrolling eligible children in the Pro gram. Beginning July 1, 2024, the Department of Revenue s hall provide the State Treasurer with the adjusted gros s income of tax filers claiming dependents or the adopt ion tax credit. This data shall be provided to the State Treasurer by the Department of Revenue on at least an annual basis, by July 1 of each year or another date jointly determined by the State Treasurer and the Department of Revenue. Notwithst anding anything to the contrary contained within this paragr aph (2), the Department of Revenue shall not be req uired to share any information that would be contrary to fe deral law, regulation, or Internal Revenue Service Publicat ion 1075. (2) The S tate Treasurer shall ensure the se curity and confidentiality of the information provided by the Department of Revenue, the Department of Public Health, or another State or local government agency, and it shall not be subject to release under the Freedom of Information Act. (3) Information provi ded under this Section shall only be used by the St ate Treasurer for the Program and shall not be used f or any other purpose. (4) The State Treasurer and any vendors working on the Pr ogram shall maintain strict confidentiality of any information provided under this Section, and shall promptly provide written or el ectronic notice to the providing agency of any security breach. The providing State or local government agency shal l remain the sole and exclusive owner of information provided under this Section. (d) Seed funds. After r eceiving information on recent births, adoptions, or dependen ts from the Department of Revenue, the Department of Public H ealth, another State or local government agency, or documentation as may be require d by the State Treasurer from a parent or legal guardian of the eligible child, the State Treasurer shall make depo sits into an omnibus account on behalf of eligible children . The State Treasurer shall be the owner of the omnibus accounts. (1) Deposit amount. The seed fund deposit for each eligible child s hall be in the amount of $50. This amount may be increase d by the State Treasurer by rule. The State Treasurer may use or deposit funds appropriated by the General Assembly together with moneys received as gifts, grants, or contributions into the Fund. If insufficient funds are available in th e Fund, the State Treasurer may reduce the deposit amou nt or forgo forego deposits. (2) U se of seed funds. Seed funds, including any intere st, dividends, and other earnings accrued, will be eligibl e for use by a beneficiary for qualified higher educatio n expenses if: (A) the parent or guardian of the eligible child claimed the seed funds for the beneficiary by the beneficiary's 10th birthday; (B) the beneficiary has completed secondary education or has reached the age o f 18; and

(C) the beneficiary is currently a resident of the State o f Illinois. Non-residents are not eligible to clai m or use seed funds. (3) Notice of seed fund availability. Th e State Treasurer shall make a good faith effort to no tify beneficiaries and their parents or legal guardians of the seed funds' availability and the deadline to claim su ch funds. (4) Uncl aimed seed funds. Seed funds and any interest earnin gs that are unclaimed by the beneficiary's 10th birthday or unused by the beneficiary's 26th birthday will be consider ed forfeited. Unclaimed and unused seed funds and any inte rest earnings will remain in the omnibus account for future be neficiaries. (e) Financial education. Th e State Treasurer may develop educational materials that support the financial literacy of benefic iaries and their legal guardians, and may do so in coll aboration with State and federal agencies, including, but not limited to, the Illinois State Board of Education and exis ting nonprofit agencies with expertise in financial literacy and education. (f) Supplementar y deposits and partnerships. The State Treasurer may ma ke supplementary deposits if sufficient funds are available an d if funds are deposited into the omnibus accounts as descri bed in subsection (d). Subject to appropriation, the State Trea surer may make supplementary deposits of $50, or greater if desig nated by the State Treasurer by rule, into the account of each beneficiary whose parent or legal guardian has an adjusted gross income below the Illinois median household incom e as determined by the most recent U.S. Census Bureau America n Community Survey 5-Year Data for the previous cale ndar year. The supplementary deposits shall be limited to o ne deposit per beneficiary. Furthermore, the State Treasurer may develop partne rships with private, nonprofit, or governmental organiza tions to provide additional savings incentives, including conditional cash transfers or matching contributions that pro vide a savings incentive based on specific actions take n or other criteria. (g) Illinois Higher Educ ation Savings Program Fund. The Illinois Higher Education Savings Program Fund is hereby established as a special fund in the State treasury. The Fund shall be the official repo sitory of all contributions, appropriated funds, interest, and dividend payments, gifts, or other financial assets re ceived by the State Treasurer in connection with the operati on of the Program or related partnerships. All such moneys shall b e deposited into the Fund and held by the State Treasurer as custodian there of. The State Treasurer may accept gifts, grants, awards, matching contributions, interest income, and appropriat ed funds from individuals, businesses, governments, and other third-party sources to implement the Program on te rms that the State Treasurer deems advisab le. All interest or other earnings accruing or received on amo unts in the Illinois Higher Education Savings Program Fund sh all be credited to and retained by the Fund and used for the ben efit of the Program. Assets of the Fund must at all times be p reserved, invested, and expended only for the purposes of the Program and must be held for the benefit of the beneficiar ies. Assets may not be transferred or used by the State o r the State Treasurer for any purposes other than the purposes of the Program. In addition, no moneys, interest, or other earnings paid into the Fund shall be used, temporarily o r otherwise, for inter-fund borrowing or be otherwise used or appropriated except as expressl y authorized by this Act. Notwithstanding the requirements of this subsection (g), amounts in the Fund may be used by th e State Treasurer to pay the administrative costs of the Pro gram. (g-5) Fund deposits and paymen ts. On July 15 of each year, beginning July 15, 2023, or as so on thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $ 2,500,000, or the amount that is appropriated annually by the General Assembly, whichever is greater, from the General Revenue Fund to the Illinois Higher Education Savings Program Fund to be used for the administration and operation of the Program. (h) Audits and reports. The Sta te Treasurer shall include the Illinois Higher Education Savin gs Program as part of the audit of the College Savings Pool d escribed in Section 16.5. The State Treasurer shall annually pr epare a report that includes a summary of the Program operati ons for the preceding fiscal year, including the numbe r of children enrolled in the Program, the total amount o f seed fund deposits, the rate of seed deposits claimed, and , to the extent data is reported and available, the racial, ethn ic, socioeconomic, and geographic data of beneficiaries and of children who may r eceive automatic bonus deposits. Such other information tha t is relevant to make a full disclosure of the operations of the Prog ram and Fund may also be reported. The report shall be ma de available on the State Treasurer's website by January 31 each year, starting in January of 2024. The State Treasure r may include the Program in other reports as warranted. (i) Rules. The State Tre asurer may adopt rules necessary to implement this Section.(Source: P.A. 102-129, eff. 7-23-21; 102-558, eff. 8-20-21; 102-1047, eff. 1-1-23; 103-8, eff. 6-7-23; 103-604, eff. 7-1 -24; 103-778, eff. 8-2-24; revised 10-7-24.) Section 70. The Civi l Administrative Code of Illinois is amended by changing Sections 5-10 and 5-717 as follows: (20 ILCS 5/5-10) Sec. 5-10. "Director". As used in the Civil Administrative Code of Illinois, unless the co ntext clearly indicates otherwise, the word "director" means th e directors of the departments of State government as designa ted in Section 5-20 of this Law and includes the Secretary of Early Childhood, the Secret ary of Financial and Professional Regulation, the Secretary of Innovation and Technolo gy, the Secretary of Human Services, and the Secretary of Transportation.(Source: P.A. 103-594, eff. 6-25-24; 103-708, eff. 1-1-25; revised 11-26-24.) (20 ILCS 5/5-717)

Sec. 5-717 . Military portability licensure for service members and service members' spouses. (a) In this Se ction: "Division" means the Division of Professional Regulation of the Depart ment of Financial and Professional Regulation or the Division o f Real Estate of the Department of Financial and Professional Regulation. "Service member" means any per son who, at the time of application under this Section , is an active duty member of the United States Armed Forces or any reserve component of the United State s Armed Forces, the Coast Guard, or the National Guard of any state, commonwealth, or territory of the United States or the District of Columbia. "Spouse" mean s a party to a marriage, civil union, or registered domestic partnership. (b) The Department of Financial and Profe ssional Regulation is authorized to issue a professional portability license to (1) a service member who is an out-of-state licensee and is under official United S tates military orders to relocate to the State of Illinois or (2) an out-of-state licensee whose spouse is a service member under official United States military orders to relocate to the State of Illinois. The service member or the service member's spouse need not reside in this State at the ti me of application. Notwithstanding any other law to the contr ary, the portability license shall be issued by the Division only if the applicant fulfills all the require ments of this Section and Section 2105-135 of the Depart ment of Professional Regulation Law of the Civil Administrati ve Code of Illinois. (c) The portability license shall be issued after a complete applicat ion is submitted to the Division that includes proof of the following: (1) The applicant is a service member or the spouse of a service member. (2) The applicant or appli cant's spouse is assigned to a duty station in this State, ha s established legal residence or will reside in this State pursuant to military relocation orders after the date of application, and can provide an official copy of t hose orders. (3) The a pplicant's license is in good standing and is not subject t o a disciplinary order encumbering the license in any other state, commonwealth, district, or territory of th e United States or any foreign jurisdiction where the applicant holds a license and practices in the same pr ofession with the same or similar scope of practice for which the applicant is applying, and the applicant can sub mit official verification of good standing an d disciplinary history from each of those licensing author ities. For health care professional applicants, the Divisi on's review of good standing is governed by this subs ection, subsection (h), and all other applicable State laws and rul es. (4) The applicant was actively licensed in the same profession with the same or similar scope of practice for which the applicant is applyi ng for at least 2 years immediately preceding the rel ocation. (5) A complet e set of the applicant's fingerprints has been submitted to the Illinois State Police for statewide and national cri minal history checks, if applicable to the requirements o f the professional regulatory Act. The applicant s hall pay the fee to the Illinois State Polic e or to the vendor for electronic fingerprint processing. No license shall be issued to an applicant if any review of criminal history or disclosure would cause the denial of an application for licensure under the a pplicable licensing Act.

(6) The applicant has submitted the application for por tability licensure and paid the required, nonrefundable initi al application fee for that profession under its respective Act and rules. (d) Service members or the spouses of service members granted portability licenses under this Section shall submit to the jurisdiction of the D ivision for purposes of the laws and rules administered, re lated standards of practice, and disciplinary authority. A licen se granted under this Section is subject to all statutes, rules, and regulations governing the license. This in cludes compliance with renewal and continuing educat ion requirements of the licensing act and rules adopted durin g the period of licensure. (e) Notwithstandi ng any other law, if the Division finds tha t the applicant failed to meet the requirements of subs ection (c) or provided inaccurate or misleading information on the application, the Division may suspend the license pendi ng further investigation or notice to discipline the portabi lity license. (f)(1) The duration of the portability license is from issuance through the next renewal period for that regulated profession. At the time of the licens e's renewal, the service member or the service member's spou se may apply for another portability license if the militar y orders continue or are extended past the renewal date o r if new orders are given for duty in this State. While the portability lic ense is held, the service member or the service membe r's spouse may apply for full licensure by examination, end orsement, or reciprocity pursuant to the service member's o r the service member's spouse's respective professional lic ensing Act or rules. (2) Once a portabi lity license has expired or is not renewed, the service member or the service member's spouse cannot continue practicing in this State until the service member or t he service member's spouse obtains licensure by exam ination, endorsement, or reciprocity, whi ch includes completion and passage of all pre-lic ense education and examination requirements u nder the applicable professional licensing Act and rules. (g) An individual is ineligible to apply under this Section if: (1) the individual is di squalified under Section 2105-165; (2) the license the individual is seeking is subject to an interstate compact; or (3) the individual seeks a real estate apprai ser license. (h) All service members a nd the spouses of service members who apply under this Se ction and Section 5-715 who are licensed in another jurisdiction as health care professional s, and who are seeking a health care professional license regulated by the Division and subject to the app licable licensing Acts shall not be denied an initial or renewal license: (1) if the applicant has a prior, current, or pending disciplinary action in another jurisd iction solely based on providing, authorizing, recommending, aiding, assisting, referring for, or otherwise participa ting in health care services that are not unlawful in this State and consistent with the standards of conduct in Illinois; (2) if the applicant has a prior, current, or pend ing disciplinary action in another jurisdiction solely base d on violating another jurisdiction or state's laws prohi biting the provision of, authorization of, recommendation of, aiding or assisting in, referring for, or participation in any health care service if tha t service as provided is not unlawful under the laws of this State and is consistent with the standards of condu ct in Illinois; or (3 ) based solely upon the applicant providing, auth orizing, recommending, aiding, assisting, referring for, or otherwise participating in health care services that are not unlawful in this State and consistent with the standards of conduct in Illinois. Nothing in this su bsection shall be construed as prohibiting the Division from evaluating the applicant's conduct and disciplina ry history and making a determination regarding the licensure or authorization to practice. (i) The Department of Financial and Professional Regulation may adopt rules necessary for the implementation and administration of this Section.(S ource: P.A. 103-708, eff. 1-1-25; revised 12-1-24.) Section 75. The Illinois Act on the Aging is amended by changing Sections 4.01, 4.02, and 4.04 as follows: (20 ILCS 105/4.01) Sec. 4.01. Additional powers and duties of the Department. In addition to powers and duties otherwise pro vided by law, the Department shall have the following powers and duties: (1) To ev aluate all programs, services, and facilities for the aged and for minority senior citizens within the State and determine the extent to which present public or private programs, services, and fa cilities meet the needs of the aged. (2) To coordinate and evalu ate all programs, services, and facilities for the aging Aging and for minority senior ci tizens presently furnished by State agencies and make appropriate re commendations regarding such services, programs, and facilities to the Governor and/or the General A ssembly. (2-a) To request, receiv e, and share information electronically through the use of data-sharing agreements for the purpose of (i) es tablishing and verifying the initial and continuing eligibili ty of older adults to participate in programs administered by the Department; (ii) maximizing federal financial participation in State assistance expenditures; and (iii) investigating alle gations of fraud or other abuse of publicly funded benefits. Notwithstanding any other law to the contrary, but only for the limited purposes identified in the preceding sentence, this paragraph (2-a) expressly authoriz es the exchanges of income, identification, and other pertine nt eligibility information by and among the Department and the Social Security Administration, the Department o f Employment Security, the Department of Healthcare and Family Services, the Department of Human Services, the Department of R evenue, the Secretary of State, the U.S. Department of Veter ans Affairs, and any other governmental entity. The confidentiality of informati on otherwise shall be maintained as required by law. I n addition, the Department on Aging shall verify employment information at the request of a community care provider for the purp ose of ensuring program integrity under the Community Car e Program. (3) To function as the sole S tate agency to develop a comprehensive plan to meet the need s of the State's senior citizens and the State's minority se nior citizens. (4) To receive and disb urse State and federal funds made available directly to the Dep artment including those funds made available under the Older America ns Act and the Senior Community Service Employment Program for providing services for senior citizens and minority s enior citizens or for purposes related thereto, and shall develop and administer any State Plan for the Aging requi red by federal law. (5) To solicit, accept, hold, and administer in behalf of the State any grants or legacies of money, securiti es, or property to the State of Illinois for services to senior citi zens and minority senior citizens or purposes related ther eto. (6) To provide consultation and a ssistance to communities, area agencies on aging, and groups developing local services for senior citiz ens and minority senior citizens. (7) T o promote community education regarding the problems of seni or citizens and minority senior citizens through institutes, publications, radio, television, and the lo cal press. (8) To cooperate with agen cies of the federal government in studies and conference s designed to examine the ne eds of senior citizens and minority senior citizens and t o prepare programs and facilities to meet t hose needs. (9) To establish and mainta in information and referral sources throughout the State when n ot provided by other agencies. (1 0) To provide the staff support that may reasonably be required by the Council. (11) To mak e and enforce rules and regulations necessary and proper to the performance of its duties. (12) T o establish and fund programs or projects or experimental facil ities that are specially designed as alternatives to institu tional care. (13 ) To develop a training program to train the counselors pr esently employed by the Department's aging network to provide Medicare beneficiaries with counseling and advocacy in Medicare, private health insurance, and related health care coverage plans. (14) To make a grant to an in stitution of higher learni ng to study the feasibility of establishing and im plementing an affirmative action employment plan for the rec ruitment, hiring, training and retraining of persons 60 or mor e years old for jobs for which their employment would not be pr ecluded by law. (15) To present one award annually in each of the categories of community service, e ducation, the performance and graphic arts, and the labor fo rce to outstanding Illinois senior citizens and minority sen ior citizens in recognition of their individual contributions to either community service, education, the performance and graphic arts, or the labor force. Nominations shall be sol icited from senior citizens' service providers, area agenc ies on aging, senior citizens' centers, and senior citizen s' organizations. If there are no nominations in a category, the Department may award a second person in one of the remaining categories. T he Department shall establish a central location with in the State to be designated as the Senior Illinoisans Hall of Fame for the public display of all the annual awards, or replicas thereof. (16) To establish multipurpose senior centers through area agencies on aging and to fu nd those new and existing multip urpose senior centers through area agencies on aging, th e establishment and funding to begin in such areas of the State as the Department shall designate by rule and as specifically appropriated funds become available. (17) (Blank). (18) To develop a pamphlet in Englis h and Spanish which may be used by physicians licensed to practice medicine in all of its branches pursuant to the Me dical Practice Act of 1987, pharmacists licensed pursua nt to the Pharmacy Practice Act, and Illinois residents 65 year s of age or older for the purpose of assisting physicians, pharmacists, a nd patients in monitoring prescriptions provided by various physicians and to aid persons 65 years of age or olde r in complying with directions for proper use of pharmaceutical prescriptions. Th e pamphlet may provide space for recording information, including, but not limited to, the followin g: (a) name and telephone num ber of the patient; (b) name and telephone number of the prescribing physician; (c) da te of prescription; (d ) name of drug prescribed;

(e) directions for patient compliance; and (f) name and telephone number of dispensing pharm acy. In developing the pamphlet, the Departm ent shall consult with the Illinois State Medical Society, the Center for Minority Health Services, the Illinois Pharmacists Association, and senior citi zens organizations. The Department shall distribute the pamphlets to physicians, pharmacists and persons 65 years of age or o lder or various senior citizen organizations throughout the State. (19) To conduct a study of the feasibility of imp lementing the Senior Companion Program throughout the St ate. (20) The reimbursement rates paid through the community care program for chore housekeeping serv ices and home care aides shall be the same. ( 21) (Blank). (22) To distribute, th rough its area agencies on aging, information alerting seniors on safety issues regarding emergency weather conditions, in cluding extreme heat and cold, flooding, tornadoes, electrical storms, and other s evere storm weather. The information shall include all nece ssary instructions for safety and all emergency telephone numbers of organizations that will pr ovide additional information and assistance. (23) To dev elop guidelines for the organization and implementation of Volunteer Services Credit Programs to be administered b y Area Agencies on Aging or community-based community based senior ser vice organizations. The Department shall hold public hearings on the proposed guidelines for public comment, suggest ion, and determination of public interest. The guidelines shall be based on the findings of other states and of community organizations in Illinois that are curr ently operating volunteer services credit programs or demonstration volunteer services credit programs. The Department shall offer guideli nes for all aspects of the programs, incl uding, but not limited to, the following: (a) types of services to be offered by volunteers; (b) types of services to be received upon the redemption of serv ice credits; (c) issues of liability for the volunteers and t he administering organizations; (d) method s of tracking service credits earned and service credits redeemed; (e) is sues of time limits for redemption of service credits; (f) methods of recruitment of volunteers; (g) utilization of community volunteers, community service groups, and ot her resources for delivering services to be received by service cred it program clients; (h ) accountability and assurance that services will be available to individuals who have earned service credi ts; and (i) volunteer screening an d qualifications. (24) To function as the sole State agency to receive and disburse State and federa l funds for providing adult protective services in a domestic living situation in accordance with the Adult Protective Services Act. (25) To hold conferences, trainings, and other programs for which the Department shall determine by rule a reasonable fee to cover related adminis trative costs. Rules to implement the fee authority granted by this parag raph (25) must be adopted in accordance with all provisions of the Illinois Administrative Pro cedure Act and all rules and procedures of the Joint Committee on Administrative Rules ; any purported rule not so adopted, for whatever reason, is unauthorized.(Source: P.A. 103-616, eff. 7-1-24; 103-670, eff. 1-1-25; rev ised 11-26-24.)

(20 ILCS 105/4.02) Sec. 4.02. Community Care Program. The Department shall establish a program of s ervices to prevent unnecessary institutionalization of pers ons age 60 and older in need of long term care or who are esta blished as persons who suffer from Alzheimer's disease or a rela ted disorder under the Alzheimer's Disease Assistance Act, thereby enabling them to remain in their ow n homes or in other living arrangements. Such pr eventive services, which may be coordinated with other programs for the aged, may include, but are not limited to, any or all of the following: (a) (blank);

(b) (blank); (c) home care aide services;

(d) personal assistant services; (e) adult day services; (f) home-delivered meals; (g) education in self-care; (h) personal care services;

(i) adult day health services; (j) habilitation services; (k) respite care; (k-5) community r eintegration services;

(k-6) flexible senior services; (k-7) medication management; (k-8) emergency home response; (l) other nonmedical social services that may enable the person to bec ome self-supporting; or (m) (blank). The Department shall establ ish eligibility standards for such services. In determining the amount and nature of services for which a person may qualif y, consideration shall not be given to the value of cash, pr operty, or other assets held in the name of the person's spou se pursuant to a written agreemen t dividing marital property into equal but separate shares or pursuant to a transfer of the person's interest in a hom e to his spouse, provided that the spouse's share of the mari tal property is not made available to the person seeking suc h services. T he Department shall require as a condition of eligibility that all new financially eligible applicants apply for and enroll in medical assistance under Article V of the Illino is Public Aid Code in accordance with rules promulgated by the Department. The Department shall, in conj unction with the Department of Public Aid (now Department of Healthcare and Family Services), seek appropriate amendments u nder Sections 1915 and 1924 of the Social Security Act. The purpose of the amendments shall be to extend eligibility for home and community based services under Sections 1915 and 1924 of the Social Security Act to persons who transfer to or for the bene fit of a spouse those amounts of income and resources allowed under Section 1924 of the Social Security Act. Subject to the app roval of such amendments, the Department shall extend the prov isions of Section 5-4 of the Illinois Public Aid Code to persons who, but for the provision of home or community -based services, would require the level of care provi ded in an institution, as is provided for in federal law. Tho se persons no longer found to be eligible for receiving noni nstitutional services due to changes in the eligibility criteria shall be given 45 days notice prior to actual termina tion. Those persons receiving notice of termination may contac t the Department and request the determination be appealed at any time during the 45 day notice period. The target popula tion identified for the purposes of this Section are persons age 60 and older with an identified service need. Priority s hall be given to those who are at imminent risk of instit utionalization. The services shall be provided to eligible pers ons age 60 and older to the extent that the cost of the services together with the other personal main tenance expenses of the persons are reasonably related to th e standards established for care in a group facility appropr iate to the person's condition. These noninstitut ional non-institutional services, pilot projects, or experimental facilities may b e provided as part of or in addition to those authorized by fe deral law or those funded and administered by the Department of Human Services. The Departments of Human Services, Healt hcare and Family Services, Public Health, Veterans' Affairs, and Commerce and Economic Opportunity an d other appropriate agencies of State, federal, and local gove rnments shall cooperate with the Department on Aging in the e stablishment and development of the noninstitutional non-institutional services. The Department shall require an annual audit from all personal assistant and home care aide vendors co ntracting with the Department under this Section. The annual audit shall assure that each audited vendor's procedures a re in compliance with Department's financial reporting guid elines requiring an administrative and employee wage and benefits co st split as defined in administrative rules. The audit is a public record under the Freedom of Information Act. The Department shall execute, relative to the nursing home prescre ening project, written inter-agency agreements with the Department of Human Services and the Department of Healthcare and Family Services, to effect the following: (1) intak e procedures and common eligibility criteria for those persons who are receivin g noninstitutional non-i nstitutional services; and (2) the establishment and development of noninstitutional non-ins titutional services in areas of the State wh ere they are not currently available or are undeveloped. On and after July 1, 1996, all nursing home prescreenings for individ uals 60 years of age or older shall be conducted by the De partment. As part of the Department on Agin g's routine training of case managers and case manager supervisors, the Department may include information on family futur es planning for persons who are age 60 or older and who are ca regivers of their adult children with developmental disabilitie s. The content of the training shall be at the Department 's discretion. The Department is authorized t o establish a system of recipient copayment for services provide d under this Section, such copayment to be based upon the reci pient's ability to pay but in no case to exceed the act ual cost of the services provided. Additionally, any portion of a person's income which is equal to or le ss than the federal poverty standard shall not be considered by the Department in determining the copayment. The level of such copayment shall be adjusted whenever ne cessary to reflect any change in the officially designated fed eral poverty standard. The Department, or t he Department's authorized representative, may recover the amo unt of moneys expended for services provided to or in behalf of a person under this Section by a claim against the person' s estate or against the estate of the person's surviving spou se, but no recovery may be had until after the death of the sur viving spouse, if any, and then only at such time when there is no surviving child who is under age 21 or blind or who has a permanent and total disability. This paragraph, however, shall not bar recovery, at the death of the person, of m oneys for services provided to the person or in behalf of t he person under this Section to which the person was not enti tled; provided that such recovery shall not be enforced agai nst any real estate while it is occupied as a homestead by the surviving spouse or other dependent, if no claims by oth er creditors have been filed against the estate, or, if such claims have been filed, they remain dormant for failure of prosecuti on or failure of the claimant to compel administration of the estate for the purpose of payment. This paragraph shall not bar recovery from the estate of a spouse, under Sections 1915 and 1924 of the Social Security Act and Section 5-4 o f the Illinois Public Aid Code, who precedes a person receivi ng services under this Section in death. All moneys for servic es paid to or in behalf of the person under this Section shal l be claimed for recovery from the deceased spouse's estate. "Homestead", as use d in this paragraph, means the dwelling house and conti guous real estate occupied by a surviving spouse or relative, as defined by the rules and regulations of the Department of Healt hcare and Family Services, regardless of the value of the property. The Department shall increase the effectiveness of the existing Community Care Program by: (1) ensuring that in-home servic es included in the care plan are available on evenings an d weekends; (2) ensu ring that care plans contain the services that eligi ble participants need based on the number of days in a mont h, not limited to specific blocks of time, as identified by the comprehensive assessment tool selected by the Depart ment for use statewide, not to exceed the total monthly service cost maximum allowed for each service; th e Department shall develop administrative rules to implement this item (2); (3) ensuring that the participants have the right to choose the services conta ined in their care plan and to direct how those services ar e provided, based on administrative rules established by the Department; (4)(bl ank); (5) ensuring t hat homemakers can provide personal care services that m ay or may not involve contact with clients, including, b ut not limited to: (A) bathing; (B) grooming ; (C) toileting; (D) nail care; (E) transferring; (F) respiratory s ervices; (G) exe rcise; or (H) pos itioning; (6) ensuri ng that homemaker program vendors are not restricted from hiring homemake rs who are family members of clients or recommended by client s; the Department may not, by rule or policy, require h omemakers who are family members of clients or recommend ed by clients to accept assignments in homes other th an the client; (7) en suring that the State may access maximum federal matching f unds by seeking approval for the Centers for Medicare and M edicaid Services for modifications to the State's home a nd community based services waiver and additional w aiver opportunities, including applying for enrollment in the Balance Incentive Paymen t Program by May 1, 2013, in order to maximize federal matching funds; this shall include, but not be limited to, modification that reflects all changes in the Community Care Program services and all increases in the services cost maximum; (8) ensuring that the determination of need tool accurately reflects the service needs of indivi duals with Alzheimer's disease and related dementia disorde rs; (9) ensuring that s ervices are authorized accurately and consistently f or the Community Care Program (CCP); the Department sh all implement a Service Authorization policy directive; t he purpose shall be to ensure that eligibi lity and services are authorized accurately and consisten tly in the CCP program; the policy directive shall clarif y service authorization guidelines to Care Coordination U nits and Community Care Program providers no later than Ma y 1, 2013; (10 ) working in conjunction with Care Coordination U nits, the Department of Healthcare and Family Services, th e Department of Human Services, Community Care Program provider s, and other stakeholders to make improvements to the M edicaid claiming processes and the Medicaid enrollment procedures or requirements as needed, including, but n ot limited to, specific policy changes or rules to improv e the up-front enrollment of participants in t he Medicaid program and specific policy changes or rules to insure more prompt submis sion of bills to the federal government to secure maximum f ederal matching dollars as promptly as possible; the De partment on Aging shall have at least 3 meetings with sta keholders by January 1, 2014 in order to address these improvemen ts; (11) requiring ho me care service providers to comply with the rounding of h ours worked provisions under the federal Fair Labor Standar ds Act (FLSA) and as set forth in 29 CFR 785.48(b) by May 1, 2013; (12) implement ing any necessary policy changes or promulgating any rules , no later than January 1, 2014, to assist the Department o f Healthcare and Family Services in moving as man y participants as possible, consistent with federal regulati ons, into coordinated care plans if a care coordination plan that covers long term care is available in the recipient 's area; and (13) (b lank). By January 1, 2009 or as soon after the end of the Cash and Counseling Demon stration Project as is practicable, the Department may , based on its evaluation of the demonstration projec t, promulgate rules concerning personal assistant services, to include, but ne ed not be limited to, qualifications, employment sc reening, rights under fair labor standards, training, fidu ciary agent, and supervision requirements. All applicants shall be subject to the provisions of the Health Care Work er Background Check Act. The Department s hall develop procedures to enhance availability of services on evenings, weekends, and on an emergency basis to meet the r espite needs of caregivers. Procedures shall be developed to permit the utilization of services in successive blocks of 24 hours up to the monthly maximum established by the Department. Workers providing these services shall be appropriately trained. No September 23, 1991 (Public Act 87-729) person may perform chore/housekeeping and home care aide services under a program authorized by this Section unless that person has been issued a certificate of pre-service to do so by his or her employing agency. Inform ation gathered to effect such certification shall include (i) th e person's name, (ii) the date the person was hired by his or her curren t employer, and (iii) the training, including dates and levels. Persons engaged in the program authorized by this Section b efore the effective date of this amendatory Act of 1991 shall be issu ed a certificate of all pre-service and in-servic e training from his or her employer upon submitting the necessa ry information. The employing agency shall be required to retai n records of all staff pre-service and in-service trai ning, and shall provide such records to the Department upon request and upon terminati on of the employer's contract with the Department. In addition, the employing agency is responsible for the issuan ce of certifications of in-service training completed to their employees. The Department is requir ed to develop a system to ensure that persons working as hom e care aides and personal assistants receive increases in the ir wages when the federal minimum wage is increased by requiring vendors to certify that they are meeting the federal minimum wage statute for home care aides and personal assistants. An employer that cannot ensure tha t the minimum wage increase is being given to home care ai des and personal assistants shall be denied any increase in re imbursement costs. The Community Care Program Advisory Committee is created in the Department on Aging. The Director shall appoint individuals to serve in the Committee, who shall serve at their own expense. Members of the Committee must abide by all applicable ethics laws. The Comm ittee shall advise the Department on issues related to the De partment's program of services to prevent unnecessary institutionalization. The Committee shall meet on a bi-monthly basis and shall serve to identify and advise the D epartment on present and potential issues affecting the serv ice delivery network, the program's clients, and the Departm ent and to recommend solution strategies. Persons appo inted to the Committee shall be appointed on, but not limited to, their own and their agency's experience with the program, ge ographic representation, and willingness to serve. Th e Director shall appoint members to the Committee to represen t provider, advocacy, policy research, and other consti tuencies committed to the delivery of high quality home and community-based services to older adults. Represen tatives shall be appointed to ensure representation from comm unity care providers, including, but not limited to, ad ult day service providers, homemaker providers, cas e coordination and case management units, emergency home re sponse providers, statewide trade or labor unions that represe nt home care aides and direct care staff, area agencies on aging, adults over a ge 60, membership organizations representing older adu lts, and other organizational entities, providers of care, or i ndividuals with demonstrated interest and expertise in the field of home and community care as determined by the Director. Nominations may be presented from any agency or State association with interest in the program. The Direct or, or his or her designee, shall serve as the permanent co-ch air of the advisory committee. One other co-chair shall be nominated and approved by the members of the committee on an annual basis. Committee members' terms of appointment shall be for 4 years with one-quarter of the appointee s' terms expiring each year. A member shall continue to serve u ntil his or her replacement is named. The Department shall fill vacancies that have a remaining term of over one year, and this replacement shall occur through the annual replacement of expiring terms. The Director shall des ignate Department staff to provide technical assistance and sta ff support to the committee. Department representation shal l not constitute membership of the committee. All Committee papers, issues, recomm endations, reports, and meeting memoranda are advisory only. T he Director, or his or her designee, shall make a written repo rt, as requested by the Committee, regarding issues before t he Committee. The Department on Aging and the Department of Human Services s hall cooperate in the development and submission of an annual report on programs and services provided under this Se ction. Such joint report shall be filed with the Governor an d the General Assembly on or before March 31 of the following f iscal year. The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report as required by Section 3.1 of the General Assembly Organization Ac t and filing such additional copies with the State Government Report Distribution Center for the Gen eral Assembly as is required under paragraph (t) of Section 7 of the State Library Act. Those persons previously found eligible for receiving noninstitution al non-institutional services whose services were discontinued under the Emergency Budget Act o f Fiscal Year 1992, and who do not meet the eligibility standards in effect on or after July 1, 1992, shall remain ineligible on and after July 1, 1992. Those persons previously not required to cost-share and who were required to cost-shar e effective March 1, 1992, shall continue to meet cost- share requirements on and after July 1, 1992. Begin ning July 1, 1992, all clients will be required to meet eligibility, cost-share, and other requirements and will have serv ices discontinued or altered when they fail to meet these req uirements. For the pu rposes of this Section, "flexible senior services" re fers to services that require one-time or periodic e xpenditures, including, but not limited to, respite care, home mod ification, assistive technology, housing assist ance, and transportation. The Department shall implement an electronic service verification based on global positioning systems or other cost-effective technology for the Community Care Program no later than January 1, 201 4. The Department shall require, as a condit ion of eligibility, application for the medical assistance p rogram under Article V of the Illinois Public Aid Code.

The Department may authorize Community Care Program services until an applicant is determined eligib le for medical assistance under Article V of the Illinois Public Aid Code. The Department shall continue to provide Community Care Program reports as required by statute, which shall include an annual report on Care Coordination Unit p erformance and adherence to service guidelines and a 6-m onth supplemental report. In regard to com munity care providers, failure to comply with Department on Ag ing policies shall be cause for disciplinary action, inclu ding, but not limited to, disqualification from serving Commu nity Care Program clients. Each provider, upon submission of any bill o r invoice to the Department for payment for service s rendered, shall include a notarized statement, under penalt y of perjury pursuant to Section 1-109 of the Code of C ivil Procedure, that the provider has complied with all Depart ment policies. The D irector of the Department on Aging shall make informat ion available to the State Board of Elections as may be r equired by an agreement the State Board of Elections has entered int o with a multi-state voter registration list maintenance system. The Department shall pay an enhan ced rate of at least $1.77 per unit under the Community Care Pro gram to those in-home service provider agencies that offe r health insurance coverage as a benefit to their direct s ervice worker employees pursuant to rules adopted by the De partment. The Department shall review the enhanced rate as pa rt of its process to rebase in-home service provid er reimbursement rates pursuant to federal waiver requirements. Subject to federal approval, beginning on January 1, 2024, rates for adult day services shall be increased to $16.84 per hour and rates for each way transportation services for a dult day services shall be increased to $12.44 per unit tran sportation. Subject to federal approval, on and after January 1, 2024, rates for homemaker services shall be increased to $28.07 to sustain a minimum wage of $17 pe r hour for direct service workers. Rates in subsequent Sta te fiscal years shall be no lower than the rates put into e ffect upon federal approval. Providers of in- home services shall be required to certify to the Department that they remain in compliance with the mandated wage incr ease for direct service workers. Fringe benefits, including , but not limited to, paid time off and payment for training , health insurance, travel, or transportation, shall not be reduced in relation to the rate increases described in this pa ragraph. Subject to and upon federal approval, on and after January 1, 2025, rates for homemaker service s shall be increased to $29.63 to sustain a minimum wage of $1 8 per hour for direct service workers. Rates in subsequent Sta te fiscal years shall be no lower than the rates put into e ffect upon federal approval. Providers of in- home services shall be required to certify to the Department that they remain in compliance with the mandated wage incr ease for direct service workers. Fringe benefits, includ ing, but not limited to, paid time off and payment for training , health insurance, travel, or transportation, shall not be re duced in relation to the rate increases described in this pa ragraph. The General Assembly finds it nece ssary to authorize an aggressive Medicaid enrollment initiat ive designed to maximize federal Medicaid funding for th e Community Care Program which produces significant savings for the State of Illinois. The Department on Aging shall e stablish and implement a Community Care Program Medica id Initiative. Under the Initiative, the Department on Aging shall, at a minimum: (i) provide an enhanced rate to adequate ly compensate care coordination units to enroll eligible Community Care Program c lients into Medicaid; (ii) use recommendations from a sta keholder committee on how best to implement the Initiative; a nd (iii) establish requirements for State agencies to make en rollment in the State's Medical Assistance program easier for seniors. The Community Care Program Medi caid Enrollment Oversight Subcommittee is created as a subcom mittee of the Older Adult Services Advisory Committee esta blished in Section 35 of the Older Adult Services Act to ma ke recommendations on how best to increase the number of medical assistance recipients who are enrolled in the Community Care Program. The Subcommittee shall consist of all of the following persons who must b e appointed within 30 days after June 4, 2018 (the effective date of Public Act 100-587): (1) The Director of Aging, or his or her designee, who shall serve as the chairperson of the Subc ommittee. (2) One representative of the Department of Healthcare and Family Services, appointed by the Direc tor of Healthcare and Family Services. (3) One representative of the Department of Human Services, ap pointed by the Secretary of Human Services. (4) One individual represen ting a care coordination unit, appointed by the Directo r of Aging. (5) One individual from a non-governmental statewide organization that ad vocates for seniors, appointed by the Director of Agin g. (6) One individual represen ting Area Agencies on Aging, appointed by the Director of A ging. (7) One indi vidual from a statewide association dedicated to Alzheimer's care, support, and research, appointed by the Director of Aging. (8) One individual from an organization that employs persons who provide services under the Community Care Program, appointed by the Director of Aging. (9) One member of a trade or labor union representing persons wh o provide services under the Community Care Program, app ointed by the Director of Aging. (10) One member of the Senate, who shall serve as co-chairperson, appointed by the P resident of the Senate. (11) One member of the Senate, who shall serve as co-chairp erson, appointed by the Minority Leader of the Senate. (12) One member of the House of Representatives, who shall serve as co-chairperson, appointed b y the Speaker of the House of Representatives. (13) One member of the House of Representatives, who shall serve a s co-chairperson, appointed by the Minority Leader o f the House of Representatives.

(14) One individual appointed by a labor organizat ion representing frontline employees at the Department of Hum an Services. The Subcommittee shall pro vide oversight to the Community Care Program Medicaid Initiat ive and shall meet quarterly. At each Subcommittee me eting the Department on Aging shall provide the following data sets to the Subcommittee: (A) the number of Illinois re sidents, categorized by planning and service area, who are receiving services under the Community Care Program and are enrolled in the State's Medical Assistance Program; (B) th e number of Illinois residents, categorized by planning and s ervice area, who are receiving services under the Community C are Program, but are not enrolled in the State's Medical Assistance Program; and (C) the number of Illinois residents, categorized by planning and service area, who are receiving services under the Community Care Program and are eligible for benefits under the State's Medical Assistance Program, but are not enrolled in the State's Medical Assistance Program. In add ition to this data, the Department on Aging shall provide the Subcommittee with plans on how the Department on Aging w ill reduce the number of Illinois residents who are not en rolled in the State's Medical Assistance Program but who are e ligible for medical assistance benefits. The Department on Agi ng shall enroll in the State's Medical Assistance Program thos e Illinois residents who receive services under the Co mmunity Care Program and are eligible for medical ass istance benefits but are not enrolled in the State's Medicaid Assistance Program. The data provided to the Subcommittee sha ll be made available to the public via the Department on Agin g's website. The Department on Agi ng, with the involvement of the Subcommittee, shall collabo rate with the Department of Human Services and the Departme nt of Healthcare and Family Services on how best to achieve th e responsibilities of the Community Care Program Medicaid Initiative. The Department on Aging, the Department of Human S ervices, and the Department of Healthcare and Family Ser vices shall coordinate and implement a streamlined process fo r seniors to access benefits under the State's Medical A ssistance Program. The Subcommittee shall co llaborate with the Department of Human Services on the adopti on of a uniform application submission process. The Departm ent of Human Services and any other State agen cy involved with processing the medical assistance ap plication of any person enrolled in the Community Care Progr am shall include the appropriate care coordination unit in all communications related to the determination or status of the application. The Community Care Prog ram Medicaid Initiative shall provide targeted funding to care c oordination units to help seniors complete their applications for medical assistance benefits. On and after July 1, 2019, care coordination units shall r eceive no less than $200 per completed application, which r ate may be included in a bundled rate for initial intake ser vices when Medicaid application assistance is provided in conj unction with the initial inta ke process for new program participants. The Community Care Program Medicaid Initiative shall cease op eration 5 years after June 4, 2018 (the effective date of Publ ic Act 100-587), after which the Subcommittee shall dis solve. Effective July 1, 2023, subject to fe deral approval, the Department on Aging shall reimburse Care C oordination Units at the following rates for case management s ervices: $252.40 for each initial assessment; $366.40 for each initial assessment with translation; $229.68 for each redetermination assessment; $313.68 for each red etermination assessment with translation; $200.00 for each c ompleted application for medical assistance benefits; $132.26 for each face-to-face, choices-for-care screening; $168.26 for each face-to-face, choices-for-care screening with translation; $124.56 for each 6-month, face-to -face visit; $132.00 for each MCO participant eligibility determination; and $157 .00 for each MCO participant eligibility determination with translation. (Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23; 103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102, Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90, Section 90-5, eff. 1-1-24; 103-588, eff. 6-5-24; 103-60 5, eff. 7-1-24; 103-670, eff. 1-1-25; revised 11-26-24.) (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04) Sec. 4.04. Long Term Care Ombudsman Program. The purpose of the Long Term Care Ombudsman Program is to ensure that older persons and persons with disabiliti es receive quality services. This is accomplished by providing adv ocacy services for residents of long term care facilitie s and participants receiving home care and community-base d care. Managed care is increasingly becoming the vehicle fo r delivering health and long-term services and supp orts to seniors and persons with disabilities, including dual eligible participants. The additional ombud sman authority will allow advocacy services to be provided to Illinois participants for the first time and will produ ce a cost savings for the State of Illinois by supporting th e rebalancing efforts of the Patient Protection and Affordabl e Care Act. (a) Long Term Care Ombu dsman Program. The Department shall establish a Long Te rm Care Ombudsman Program, through the Office of State Long Term Care Ombudsman ("the Office"), in accordance with t he provisions of the Older Americans Act of 1965, as now or he reafter amended. The Long Term Care Ombudsman Program is au thorized, subject to sufficient appro priations, to advocate on behalf of older persons and persons with disabilities residing in their own homes or community-based settings, relating to matters which may adver sely affect the health, safety, welfare, or rights of such ind ividuals. (b) Definitions. As used in this Section, unless the context requires otherwise: (1) "Access" mean s the right to: (i) Enter any long term care facility or assi sted living or shared housing establishment or supportive li ving facility; (ii) Communicate privately and without restric tion with any resident, regardless of age, who consents t o the communication; (iii) Seek consent to communicate p rivately and without restriction with any partic ipant or resident, regardless of age; (iv) Inspect and copy the clinical and other records of a participant or resident, regardless of age, with the express written consent of the participant or resident, or if consent is given orally, visually, or through the use of auxiliary a ids and services, such consent is documented conte mporaneously by a representative of the Offic e in accordance with such procedures; (v) Observe all areas of the long term care facility or supportive livi ng facilities, assisted living or shared housing estab lishment except the living area of any resident who protests the observation; and (vi) Subject to permission of the parti cipant or resident requesting services or his or her r epresentative, enter a home or community- based setting. (2) "Long Term Care Facility" means (i) any facility as defin ed by Section 1-113 of the Nursing Home Care Act, as now or hereafter amended; (ii) any skilled nursing facility or a nursing facility which meets the requirements of Section 1819(a), (b), (c), and (d) or Section 1919(a), (b), (c), a nd (d) of the Social Security Act, as now or hereafter amende d (42 U.S.C. 1395i-3(a), (b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and (d)); (iii) any facility as defined b y Section 1-113 of the ID/DD Community Care Ac t, as now or hereafter amended; (iv) any facilit y as defined by Section 1-113 of MC/DD Act, as now or hereafter amended; and (v) any facility licensed under Section 4-105 or 4-201 of the Specialized Me ntal Health Rehabilitation Act of 2013, as now or hereafter amended.

(2.5) "Assisted living establishment" and "shared h ousing establishment" have the meanings given those terms in Section 10 of the Assisted Living and Sha red Housing Act. (2.7) "Supportive living facility" means a facility established under Section 5-5.01a of the Illinois Public Aid Code. (2.8) "Community-based setting" me ans any place of abode other than an individual's private h ome. (3) "State Long Term C are Ombudsman" means any person employed by the Department t o fulfill the requirements of the Office of State Long T erm Care Ombudsman as required under the Older Amer icans Act of 1965, as now or hereafter amended, and Depart mental policy. (3. 1) "Ombudsman" means any designated representative of the State Long Term Care Ombudsman Program; provided that the representative, whether he is paid for or volunteers his ombudsman services, shall be qualified and designated by the Offic e to perform the duties of an ombudsman as specified by th e Department in rules and in accordance with the provisions of the Older Americans Act of 1965, as now or hereafter amended. (4) "Participant" means an older person aged 60 or over or an adult with a disabilit y aged 18 through 59 who is eligible for services under any of the following: (i) A medical assistance waiver administere d by the State. (ii) A managed care organization providing care coordinati on and other services to seniors and persons with disabil ities. (5) "Resident" me ans an older person aged 60 or over or an adult with a disab ility aged 18 through 59 who resides in a long-term care facility. (c) Ombudsman; rules. The Of fice of State Long Term Care Ombudsman shall be composed of at least one full-time ombudsman and shall include a system of designated r egional long term care ombudsman programs. Each regiona l program shall be designated by the State Long Term Ca re Ombudsman as a subdivision of the Office and any repre sentative of a regional program shall be treated as a repres entative of the Office. The Department, in consultation with the Office, shall promulgate admi nistrative rules in accordance with the provisions of the Old er Americans Act of 1965, as now or hereafter amended, to e stablish the responsibilities of the Department and the Offic e of State Long Term Care Ombudsman and the designated r egional Ombudsman programs. The administrative rules sh all include the responsibility of the Office and designated region al programs to investigate and resolve complaints made by or on behalf of residents of long term care facilit ies, supportive living facilities, and assisted living and shar ed housing establishments, and participants residing in their own homes or community-based settings, including the o ption to serve residents and participants under the age o f 60, relating to actions, inaction, or decisions of providers , or their representatives, of such facilities and establishmen ts, of public agencies, or of social services agencies, which m ay adversely affect the health, safety, welfare, or rights of such residents and participants. The Office and des ignated regional programs may represent all residents and p articipants, but are not required by this Act to represent pe rsons under 60 years of age, except to the extent required by f ederal law. When necessary and appropriate, representatives o f the Office shall refer complaints to the appropriate r egulatory State agency. The Department, in consultatio n with the Office, shall cooperate with the Department o f Human Services and other State agencies in providing infor mation and training to designa ted regional long term care ombudsman programs ab out the appropriate assessment and treatment (including inf ormation about appropriate supportive services, treatment opti ons, and assessment of rehabilitation potential) of the part icipants they serve. The State Long Term Car e Ombudsman and all other ombudsmen, as defined in paragraph (3.1) o f subsection (b) must submit to background check s under the Health Care Worker Background Check Act and recei ve training, as prescribed by the Illinois Department on Aging, be fore visiting facilities, private homes, or community-based settings. The training must include information specific to assiste d living establishments, supportive living facilities, share d housing establishments, private ho mes, and community-based settings and to the rights of residents and participants guaranteed under the correspond ing Acts and administrative rules. (c-5) Consumer Choice Information Reports. The Office shall: (1) In c ollaboration with the Attorney General, create a Consumer Choice Information Report form to be completed by all lic ensed long term care facilities to aid Illinoisans and th eir families in making informed choices about long te rm care. The Office shall create a Consumer Choice Informa tion Report for each type of licensed long te rm care facility. The Office shall collaborate with the Atto rney General and the Department of Human Services to cre ate a Consumer Choice Information Report form for fa cilities licensed under the ID/DD Communi ty Care Act or the MC/DD Act. (2) Develop a data base of Consumer Choice Information Reports completed by licensed long term c are facilities that includes information in the followi ng consumer categories: (A) Medical Care, Services, and Treatment. (B) Special Servic es and Amenities. (C) Sta ffing. (D) Facility Stati stics and Resident Demographics. (E) Ow nership and Administration. (F) Safety and Securit y. (G) Meals and Nutrition. (H) R ooms, Furnishings, and Equipment. (I) Family, Volunteer, and Visitatio n Provisions. (3) Make th is information accessible to the public, including on the I nternet by means of a hyperlink on the Office's World Wide Web home page. Information about facilities licensed u nder the ID/DD Community Care Act or the MC/DD Act shall be made accessible to the public by the Department of Human Services, including on the Inter net by means of a hyperlink on the Department of Human Ser vices' "For Customers" website. (4) Have the authority, with the Attorney General, to verify that information provided by a faci lity is accurate. (5) Re quest a new report from any licensed facility whenever it deems necessary. (6 ) Include in the Office's Consumer Choice Information Repor t for each type of licensed long term care facility addit ional information on each licensed long term care f acility in the State of Illinois, including inform ation regarding each facility's compliance with the relevant St ate and federal statutes, rules, and standards; customer s atisfaction surveys; and information generated from quality measures developed by the Centers for Medicare an d Medicaid Services. (d) Access and visi tation rights. (1) In accordan ce with subparagraphs (A) and (E) of paragraph (3) of subse ction (c) of Section 1819 and subparagraphs (A) and (E) o f paragraph (3) of subsection (c) of Section 1919 of the Social Security Act, as now or hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and 42 U.S.C. 1396r (c)( 3)(A) and (E)), and Section 712 of the Older Americans Ac t of 1965, as now or hereafter amended (42 U.S.C. 3058f), a long term care facility, supportive living facility, assisted living establ ishment, and shared housing establishment must: (i) permit immedi ate access to any resident, regardless of age, by a designated ombudsman; (ii) permit representatives of the Offic e, with the permission of the resident, the resident 's legal representative, or the resident's legal gu ardian, to examine and copy a resident's clinical and other records, including facility reports of inci dents or occurrences made to State agencies, rega rdless of the age of the resident, and if a resident is unable to consent to such review, and has no legal guardi an, permit representatives of the Office appropriate ac cess, as defined by the Department, in consult ation with the Office, in administrative rules, to the resident's records; and (iii) permit a representative of the Program to communic ate privately and without restriction with any participant who consents to the communication regardless of the consent of, or withholding of consent by, a legal guardian or an agent named in a power of attorney execut ed by the participant. (2) Each long term care facility, supportive living facil ity, assisted living establishment, and shared housing e stablishment shall display , in multiple, conspicuous public places within the faci lity accessible to both visitors and residents and in an easi ly readable format, the address and phone number of the Off ice of the Long Term Care Ombudsman, in a manner prescribe d by the Office. (e) Immunity. An omb udsman or any representative of the Office participati ng in the good faith performance of his or her offic ial duties shall have immunity from any liability (civil , criminal or otherwise) in any proceedings (civil, crimin al or otherwise) brought as a consequence of the perfor mance of his official duties. (f) Bus iness offenses. (1) No person shall:

(i) Intentionally pr event, interfere with, or attempt to impede in any way any representative of the Office in the performan ce of his official duties under this Act and the Ol der Americans Act of 1965; or (ii) Intentionally retaliat e, discriminate against, or effect reprisals against any long term car e facility resident or employee for contacting or providin g information to any representative of the Office. (2) A violation of this Sec tion is a business offense, punishable by a fine not to ex ceed $501. (3) The State Long Term C are Ombudsman shall notify the State's Attorney of the coun ty in which the long term care facility, supportive living fac ility, or assisted living or shared housing establishm ent is located, or the Attorney General, of any violations of t his Section. (g) Confidentiality of rec ords and identities. All records containing resident, particip ant, and complainant information collected by the Long Term C are Ombudsman Program are confidential and shall not be discl osed outside of the program without a lawful subpoena or the permission of the State Ombudsman. The State Ombudsman, at his or her discretion, may disclose resident or participant information if it is in the best interest of the resident or pa rticipant. The Department shall establish procedures for the disclosure of program records by the State Ombudsma n. The procedures shall prohibit the disclosure of the identity of any complainant, resident, participant, witn ess, or employee of a long term care provider in cas e records unless: (1) th e complainant, resident, participant, witness, or employee o f a long term care provider or his or her legal represent ative consents to the disclosure and the consent is in writ ing; (2) the complai nant, resident, participant, witness, or employee of a long term care provider or the resident or participant's legal re presentative gives consent orally; and the consent is documented contemporaneously in writing in accordance wit h such requirements as the Department shall establish; or (3) the disclosure is re quired by court order. (h) Legal repr esentation. The Attorney General shall provide legal representation to any representative of th e Office against whom suit or other legal action is brou ght in connection with the performance of the representative's official duties, in accordance with the State Employee Indemnification Act. (i) Treatment by pray er and spiritual means. Nothing in this Act shall be construe d to authorize or require the medical supervision, regulati on or control of remedial care or trea tment of any resident in a long term care facility ope rated exclusively by and for members or adherents of any chur ch or religious denomination the tenets and practices of which include reliance solely upon spiritual means throug h prayer for healing. (j) The Long Term Care Ombudsman Fund is created as a sp ecial fund in the State treasury to receive moneys for the express purposes of this Section. All interest earned on moneys in t he fund shall be credited to the fund. Moneys contained in the fund shall be used to support the purposes of this Section. (k) Each Regional Ombudsman may , in accordance with rules promulgated by the Office, establis h a multi-disciplinary team to act in an advisory role for the purpose of providing professional knowledge and expe rtise in handling complex abuse, neglect, and advocac y issues involving participants. Each multi-disciplinary team may consist of one or more volunteer representati ves from any combination of at least 7 members from the follow ing professions: banking or finance; disability care; health care; pharmacology; law; law enforcement; emergency resp onder; mental health care; clergy; coroner or medical examiner ; substance abuse; domestic violence; sexual assault; or oth er related fields. To support multi-disciplinary teams in this role, law enforcement agencies and coroners or med ical examiners shall supply records as may be requested in particular cases. The Regional Ombud sman, or his or her designee, of the area in which the multi-disciplinary team is created shall be the facilitator of the multi-disciplinary team. (Source: P.A. 102-1033, eff. 1-1-23; 103-329, eff. 1-1-24; 103-762, eff. 1-1-25; 103-767, eff. 1-1-25; revised 11-26-24.) Section 80. The Substance Use Disorder Act is amended by changing Section 5-23 as follows:

(20 ILCS 301/5-23) Se c. 5-23. Drug Overd ose Prevention Program. (a) Reports. (1) T he Department may publish annually a report on drug overd ose trends statewide that reviews State death rates from available data to ascertain changes in the causes or rat es of fatal and nonfatal drug overdose. The report shal l also provide information on interventions that would b e effective in reducing the rate of fatal or nonfatal drug ov erdose and on the current substance use disorder treatment capacity within the State. The report shall include an analysis of drug overd ose information reported to the Department of Public Health pur suant to subsection (e) of Section 3-3013 of the Counties Code, Section 6.14 g of the Hospital Licensing Act, and subsection (j) of Sectio n 22-30 of the School Code. (2) The report may include: (A) Trends in drug over dose death rates. (B) Trends in emergency room utilization rel ated to drug overdose and the cost impact of emergency room utilization. (C) Trends in utilization of pre-hospital and emergency services and the cost impact of emergency services utilizatio n. (D) Suggested impro vements in data collection. (E) A description of other intervent ions effective in reducing the rate of fatal or nonf atal drug overdose. (F) A description of efforts undert aken to educate the public about unused medication and abo ut how to properly dispose of unused medication, including the number of registered colle ction receptacles in this State, mail-back programs, and d rug take-back events. (G) An inventory of the State's substance use disorder treatment capacity, including, but not limited to: (i) The number and type of licensed treatment programs i n each geographic area of the State. (ii) The availability of medication-assisted treatment at each licensed progr am and which types of medication-assisted treatment a re available. (iii) The number of recove ry homes that accept individuals using medic ation-assisted treatment in their recovery. (iv) The number of medi cal professionals currently authorized to prescribe buprenorphine and the number of individuals who fill pr escriptions for that medication at retail pharmacie s as prescribed. (v) Any partnerships between programs licensed by the Department and other prov iders of medication-assisted treatment.

(vi) Any challenges in providing med ication-assisted treatment reported by programs licensed by the Department and any potential solutions. (b) Programs; drug overdose prevention.

(1) The Department may establish a program to provide fo r the production and publication, in electronic and other formats, of drug overdose prevention, recognition, an d response literature. The Department may develop a nd disseminate curricula for use by professionals, or ganizations, individuals, or committees interested i n the prevention of fatal and nonfatal drug overdose, i ncluding, but not limited to, drug users, jail and prison personnel, jail and prison inmates, drug treatme nt professionals, emergency medical personnel, hospita l staff, families and associates of drug users, peace offi cers, firefighters, public safety officers, needle exchange program staff, and other persons. In addition to inform ation regarding drug overdose prevention, recognitio n, and response, literature produced by the Depar tment shall stress that drug use remains illegal and highly d angerous and that complete abstinence from illeg al drug use is the healthiest choice. The literature sh all provide information and resources for substance use disorder treatment. The Department may establish or authorize programs for prescribing, dispensing, or distributing opioid antago nists for the treatment of drug overdose and for dispensi ng and distributing fentanyl test strips to further promot e harm reduction efforts and prevent an overdose . Such programs may include the prescribing of opioid antagoni sts for the treatment of drug overdose to a person who is not at risk of opioid over dose but who, in the judgment of the health care professi onal, may be in a position to assist another individu al during an opioid-related drug overdose and w ho has received basic instruction on how to administer an opioid antagonist. (2 ) The Department may provide advice to State and local officials on the growing drug overdose crisis, incl uding the prevalence of drug overdose incidents, p rograms promoting the disposal of unused prescript ion drugs, trends in drug overdose incidents, and solutions to the drug overdose crisis. (3) The Department may sup port drug overdose prevention, recognition, and response pr ojects by facilitating the acquisition of opioid antagon ist medication approved for opioid overdose reversal, facil itating the acquisition of opioid antagonist medication ap proved for opioid overdose reversal, providing trainings in overdose prevention best practices, facilitating the acquisition of fentanyl test strips to test for the pres ence of fentanyl, a fentanyl analog, or a drug adultera nt within a controlled substance, connecting programs to me dical resources, establishing a statewid e standing order for the acquisition of needed medicatio n, establishing learning collaboratives between localit ies and programs, and assisting programs in navigating any reg ulatory requirements for establishing or expanding such progr ams. (4) In suppo rting best practices in drug overdose prevention progr amming, the Department may promote the following pro grammatic elements: (A) Training individuals who currently use drugs in the administration of opioid antagonists approved for the reversal of an opioid overdose and in the use of fe ntanyl test strips to test for the presence of fentanyl, a fentanyl analog, or a drug adulterant within a controlled substance. (B) Directly distributing opioid antagonists approved for the reversal of an opioi d overdose rather than providing prescrip tions to be filled at a pharmacy. (B-1) Directly distributing fentanyl test strips to test for the presence of fentanyl, a fentanyl analog, or a drug adu lterant within a controlled substance. (C) Conducti ng street and community outreach to work directly with individuals who are using drugs. (D) Employing community health workers or peer recovery specialists who are famili ar with the communities served and can provide culturally competent ser vices. (E) Collabora ting with other community-based organizations, substance use disorder treatmen t centers, or other health care providers engaged in treating individuals who are using drugs. (F) Providing linkages for individuals to o btain evidence-based substance use disorder treatment . (G) Engaging individuals exiting jails or prisons who are at a high risk of overdose. (H) Providing education and training to com munity-based organizations who work directly with indi viduals who are using drugs and those individuals' families and communities. (I) Providing education and traini ng on drug overdose prevention and response to emergency person nel and law enforcement. (J) Informing communities of the import ant role emergency personnel play in respondin g to accidental overdose. (K) Producing and distributing targeted mass media materials on drug overdose prevention and response , the potential dangers of leaving unused prescription drugs in the home, and the proper methods for disposing of unused prescription drugs. (c) Grants. (1) The Department may award grants, in accordance with this subsection, to create or support local drug overdose prevention, rec ognition, and response projects. Local health dep artments, correctional institutions, hospitals, universitie s, community-based organizations, and faith-ba sed organizations may apply to the Department for a grant under this subsection at the time and in the manner the Department prescribes. Eligible grant activities inc lude, but are not limited to, purchasing and dist ributing opioid antagonists and fentanyl test strips, hiring peer recovery specialist s or other community members to conduct community outreach, and hosting public health fairs or events to distribute op ioid antagonists and fentanyl test strips, promote ha rm reduction activities, and provide linkages to communi ty partners. (2) In awarding grants, the Department shall consider the over all rate of opioid overdose, the rate of increase in opioid ov erdose, and racial disparities in opioid overdos e experienced by the communities to be served by gran tees. The Department shall encourage all grant appl icants to develop interventions that will be effective and viable in their local areas. (3) (Blank). (3.5) Any hospital licensed under the Hospital Li censing Act or organized under the University of Illinois Hospital Act shall be deemed to have met the standards and requirements set forth in this Section to enroll in the drug overdose prevention program upon comp letion of the enrollment process except that proof of a s tanding order and attestation of programmatic requirem ents shall be waived for enrollment purposes. Reportin g mandated by enrollment shall be necessary to carry out or attain eligibility for associated resources under t his Section for drug overdose prevention projects operate d on the licensed premises of the hospital and opera ted by the hospital or its designated agent. T he Department shall streamline hospital enrollment for dr ug overdose prevention programs by accepting such deemed st atus under this Section in order to reduce barriers t o hospital participation in drug overdose prevention , recognition, or response projects. Subject to appropriation, any hospital under this paragraph and any other organization deemed eligible by the Department shall be enrolled to receive fentanyl test strips from the Department and distribute fentanyl te st strips upon enrollment in the Drug Overdose Pre vention Program. (4) In addition t o moneys appropriated by the General Assembly, the D epartment may seek grants from private foun dations, the federal government, and other sources to fun d the grants under this Section and to fund an evalu ation of the programs supported by the grants. (d) Health care professional prescription of opio id antagonists. (1) A h ealth care professional who, acting in good faith, dir ectly or by standing order, prescribes or dispenses an opioid antagonist to: (a) a patient who, in the judgment of the health care professional, is capable of admin istering the drug in an emergency, or (b) a person who is not at risk of opioid overdose but who, in the judgment of the health care professional, may be in a position to assist another individual during an opioid-rela ted drug overdose and who has received basic instruction on how to administer an opioid antagonist shall not, as a result of his or her acts or omissions, be subject to: (i) any disciplinary or other adverse action under the Medic al Practice Act of 1987, the Physician Assistant Practice Ac t of 1987, the Nurse Practice Act, the Pharmacy Prac tice Act, or any other professional licensing statute or (ii) any criminal liability, except for willful and wanto n misconduct. (1 .5) Notwithstanding any provision of or requirement otherwi se imposed by the Pharmacy Practice Act, the Medical Pra ctice Act of 1987, or any other law or rule, including, but not limited to, any requirement related to labeling, stor age, or recordkeeping, a health care professional or other person acting under the direction of a health care professional may, directly or by standing order, obt ain, store, and dispense an opioid antagonist to a patie nt in a facility that includes, but is not limited to, a hospital, a hospital affiliate, or a federally qualifi ed health center if the patient information specified in pa ragraph (4) of this subsection is provided to the pa tient. A person acting in accordance with this paragra ph shall not, as a result of his or her acts or omiss ions, be subject to: (i) any disciplinary or other adverse action under the Medical Practice Act of 1987, the Physician Assistant Pract ice Act of 1987, the Nurse Practice Act, the Pharmac y Practice Act, or any other professional licensing statut e; or (ii) any criminal liability, except for will ful and wanton misconduct. (2) A person who is not otherwise licensed to admi nister an opioid antagonist may in an emergency administ er without fee an opioid antagonist if the person has rece ived the patient information specified in paragraph (4) of this subsection and believes in good faith that another person is experiencing a drug overdose. The person shall not, as a result of his or her acts or omissions, be (i) liable for any violation of the Medical Practice Act of 1987, the Phys ician Assistant Practice Act of 1987, the Nurse Practice Ac t, the Pharmacy Practice Act, or any other professiona l licensing statute, or (ii) subject to any criminal pro secution or civil liability, except for willful and wanton misconduct. (3) A health care professional prescribing an opio id antagonist to a patient shall ensure that the patient r eceives the patient information specified in paragraph (4) of this subsection. Patient information may be provided by the health care professional or a community-b ased organization, substance use disorder program, or other organization with which the health care professio nal establishes a written agreement that includes a desc ription of how the organization will provide patient info rmation, how employees or volunteers providing i nformation will be trained, and standards for document ing the provision of patient information to patients. P rovision of patient information shall be documented in the patient's medical record or through similar mean s as determined by agreement between the health care prof essional and the organization. The Department, in consultation w ith statewide organizations representing physicians, pharm acists, advanced practice registered nurses, physician ass istants, substance use disorder programs, and other intere sted groups, shall develop and disseminate to health care professionals, community-based organizations, substance use disorder programs, and other organizations training mat erials in video, electronic, or other formats to facili tate the provision of such patient information. (4) For the purposes of this sub section: "Opioid antagonist" means a drug tha t binds to opioid receptors and blocks or inhibits the effec t of opioids acting on those receptors, including, bu t not limited to, naloxone hydrochloride or any oth er similarly acting drug approved by the U.S. Foo d and Drug Administration.

"Health care professional" means a physician license d to practice medicine in all its branches, a license d physician assistant with prescriptive authority, a lic ensed advanced practice registered nurse with prescripti ve authority, an advanced practice registered nurse or phy sician assistant who practices in a hospital, hospital affiliate, or ambulatory surgical tr eatment center and possesses appropriate clinical privilege s in accordance with the Nurse Practice Act, or a pharmacist licensed to practice pharmacy under th e Pharmacy Practice Act. "Patient" includes a person who is not at risk of opioid overdose but who, in the judgment of the physicia n, advanced practice registered nurse, or physic ian assistant, may be in a position to assist another individ ual during an overdose and who has received patient infor mation as required in paragraph (2) of this subsection on the indications for and administration of an opioid anta gonist. "Pati ent information" includes information provided to the patient on drug overdose prevention and recognition; how to perform rescue breathing and resuscitation; opioid antagonist dosage and administration; the import ance of calling 911; care for the overdose victim afte r administration of the overdose antagonist; and other issues as necessary. (e) Drug over dose response policy. (1) Every State and local government agency that employs a law enforcement officer or fireman as those terms are defined in the Line of Duty Compensatio n Act must possess opioid antagonists and must establish a policy to control the acquisition, storage, transportation , and administration of such opioid antagonists and to pr ovide training in the administration of opioid antagonists . A State or local government agency that employs a probation officer, as de fined in Section 9b of the Probation and Probation Offi cers Act, or a fireman as defined in the Line of Duty Compensati on Act but does not respond to emergency medical calls or provide medical services shall be exempt from this subsection. (2) Every p ublicly or privately owned ambulance, special emergency medical services vehicle, non-transport vehicle, or ambulance assist vehicle, as described in the Emergency Me dical Services (EMS) Systems Act, that responds to reque sts for emergency services or transports patients betw een hospitals in emergency situations must posse ss opioid antagonists.

(3) Entities that are required under paragraphs (1) and (2) to possess opioid antagonist s may also apply to the Department for a grant to fund the acquisition of opioid antagonists and training programs on the administration of opioid antagonists. (Source: P.A. 102-598, eff. 1-1-22; 103-602, eff. 7-1-24; 103-980, eff. 1-1-25; revised 11-26-24.) Section 85. The Department of Central Management Services Law of the Civil Administrative Code of Illinois is amended by changing Section 405-545 as follows: (20 ILCS 405/405-545) (This Section may contain text fr om a Public Act with a delayed effective date)

Sec. 405-545. Op ioid antagonists. (a) As used in this Section, "opioid antagonist" has the meaning gi ven to that term in Section 5-23 of the Substance Use Disorder Act (b) A State agency may make opioid antagonists available at a location where its employees w ork if the State agency trains employees in the use and admin istration of the opioid antagonists. (c) An employee of a State agency that uses and administers administrates opioid antagonists as described in this Section is exempt from ci vil liability under Section 69 of the Good Samaritan Act.(Source: P.A. 103-845, eff. 7-1-25; revised 10-21-24.) Section 90. The Children and Family Services Act is amended by changing Sections 5.15, 5.46, and 7.3b as follows:

(20 ILCS 505/5.15) (Section scheduled to be repealed on July 1, 2026) Sec. 5.15. Day care; Department of Human Services. (a) For the purpose of en suring effective statewide planning, development, and utilizati on of resources for the day care of children, operated under various auspices, the Department of Human Services, or any State ag ency that assumes these responsibilities, is designated to coordi nate all day care activities for children of the State and shal l develop or continue, and shall update every year, a State comprehensive day-care plan for submission to the Governor th at identifies high-priority areas and groups, relating them to available resources and identifying the most effec tive approaches to the use of existing day care services. The State comprehensive day-care plan shall be made available to the General Assembly following the Governor's approval of the p lan. The plan shall include methods and proce dures for the development of additional day care resources for children to meet the goal of reducing short-run and long-run dependency and to provide necessary enrich ment and stimulation to the ed ucation of young children. Recommendations shall be made for State policy on optimum use of private and public, loca l, State and federal resources, including an estimate of the resources needed for the licensing and regulation of day c are facilities. A written report shall be s ubmitted to the Governor and the General Assembly annu ally on April 15. The report shall include an evaluation of developments over the prec eding fiscal year, including cost-benefit analyses o f various arrangements. Beginning with the report in 1990 submitted by the Department's predecessor ag ency and every 2 years thereafter, the report shall also in clude the following: (1) An assessment of the child care services, needs an d available resources throughout the State and an assessmen t of the adequacy of existing child care services, i ncluding, but not limited to, services assisted under this Act and under any other program administered by other St ate agencies. (2) A s urvey of day care facilities to determine the number of qualified caregivers, as defined by rule, attracted to v acant positions, or retained at the current positions, and any problems encountered by facilities in attracting a nd retaining capable caregivers. The report shall include a n assessment, based on the survey, of improvements in emplo yee benefits that may attract capable caregivers. The s urvey process shall incorporate feedback from groups and i ndividuals with relevant expertise or lived experience, including, but not limited to, educators and child ca re providers, regarding the collection of data in order t o inform strategies and costs related to the Child C are Development Fund and the General Reven ue Fund, for the purpose of promoting workforce recruitment and retention. The survey shall, at a minimum, be updated e very 4 years based on feedback received. Initial surv ey updates shall be made prior to the 2025 survey data collection. (3) The average wages and salaries and fringe benefit packages paid to caregivers t hroughout the State, computed on a re gional basis, compared to similarly qualified employees in ot her but related fields. (4) The qualific ations of new caregivers hired at licensed day care f acilities during the previous 2-year period. (5) Recommendations for increasing car egiver wages and salaries to ensure quality care for children.

(6) Evaluation of the fee structure and income eligibility for child care subsidized by the State. The requirement for reporting t o the General Assembly shall be satisfied by filing copies of the report as r equired by Section 3.1 of the General Assembly Organi zation Act, and filing such additional copies with the S tate Government Report Distribution Center for the Gener al Assembly as is required under paragraph (t) of Sectio n 7 of the State Library Act. (b) The Depa rtment of Human Services shall establish policies and proc edures for developing and implementing inte ragency agreements with other agencies of the Stat e providing child care services or reimbursement for such ser vices. The plans shall be annually reviewed and modified for the purpose of addressing issues of applicability and service system barriers. (c) In cooperation with oth er State agencies, the Department of Human Services shall de velop and implement, or shall continue, a resource and referral system for the State of Illinois either within the Department or by contract with local or r egional agencies. Funding for implementation of this sys tem may be provided through Department appropriations or oth er inter-agency funding arrangements. The resource and referral system shall provi de at least the following services: (1) Assembling and maintai ning a data base on the supply of child care services. (2) Providing information and referrals for parents. (3) Coordinating the devel opment of new child care resources. (4) Providing technical assistance and training to child care service providers. (5) Rec ording and analyzing the demand for child care services. (d) The Department of Human Services shall cond uct day care planning activities with the following priorit ies: (1) Development of v oluntary day care resources wherever possible, with the provision for grants-in-aid only wher e demonstrated to be useful and necessary as incentives or supports. By January 1, 2002, the Department shall design a plan to create more child care slots as well as goals and timetables to improve quality and acce ssibility of child care.

(2) Emphasis on service to children of reci pients of public assistance when such service will allo w training or employment of the parent toward achieving the goal of independence. (3) (Blank). (4) Care of childr en from families in stress and crises whose members pote ntially may become, or are in danger of becoming, non-pr oductive and dependent. (5) Expansion of family day care facilities wherever possible. (6) Locatio n of centers in economically depressed neighborhoods, prefe rably in multi-service centers with cooperatio n of other agencies. The Department shall coordinate the provi sion of grants, but only to the extent funds are specifical ly appropriated for this purpose, to encourage the creation and expansion of child care ce nters in high need communities to be issued by the State , business, and local governments. (7) Use of existing facilities free of charg e or for reasonable rental whenever possible in lieu of con struction. (8) Deve lopment of strategies for assuring a more complete ra nge of day care options, including provision of day care services in homes, in schools, or in centers, which will e nable a parent or parents to complete a course of education or obtain or maintain employment and the creation of mor e child care options for swing shift, evening, and weekend workers and for working wome n with sick children. The Department shall encourage companie s to provide child care in their own offices or in the building in whic h the corporation is located so that employees of all the building's tenants can benefit from the facility.

(9) Development of strategies for subsidizing students purs uing degrees in the child care field. (10) Continuation and expansion of service p rograms that assist teen parents to continue an d complete their education. Emphas is shall be given to support services that will help to ensur e such parents' graduation from high school and to services for participants in any programs of job training conducte d by the Department. (e) The Department of Human Services shall actively st imulate the development of public and private resources at the local level. It s hall also seek the fullest utilization of federal fund s directly or indirectly available to the Department. Where appropriate, existing non-go vernmental agencies or associations shall be involved i n planning by the Department. (f) To better a ccommodate the child care needs of low income working famili es, especially those who receive Temporary Assistance for Needy Families (TANF) or who are transitioning from TANF to work , or who are at risk of depending on TANF in the absence o f child care, the Department shall complete a study usin g outcome-based assessment measurements to analyze the various types of child care needs, including but no t limited to: child care homes; child care facilities; before and after school care; and evening and weekend care. Based up on the findings of the study, the Department shall develop a pla n by April 15, 1998, that identifies the various types of child care needs within various geographic locations. The plan shall include, but not be limited to, the special needs of parent s and guardians in need of non-traditional child c are services such as early mornings, evenings, and weekends; the needs of very low income families and children and how they might be better served; and strate gies to assist child care providers to meet the needs and schedules of low income fam ilies. (g) This Section is repealed on July 1, 2026.

(Source: P.A. 103-594, eff. 6-25-24; 103-1054, eff . 12-20-24; revised 1-13-25.)

(20 ILCS 505/5.4

6) Sec. 5.46. Application for Social Security benefits, Supplemental Security Incom e, Veterans benefits, and Railroad Retirement benefits. (a) Definitions. As used in this Section: "Achieving a Better Life Experience Accou nt" or "ABLE account" means an account established for t he purpose of financing certain qualified expenses of eligib le individuals as specifical ly provided for in Section 529A of the Internal Reven ue Code and Section 16.6 of the State Treasurer Act.

"Benefits" means Social Security benefits, Su pplemental Security Income, Veterans benefits, and Railroa d Retirement benefits. "DCFS Guardianshi p Administrator" means a Department representative app ointed as guardian of the person or legal custodian of the mino r youth in care. "Yout h's attorney and guardian ad litem" means the person appoin ted as the youth's attorney or guardian ad litem in accorda nce with the Juvenile Court Act of 1987 in the proceeding in which the Department is appointed as the youth's guardian or custodian. (b) Appli cation for benefits.

(1) Upon receiving temporary custody or guardianship of a youth in care, the Department shall assess the youth to d etermine whether the youth may be eligible for benefits. I f, after the assessment, the Department determines that t he youth may be eligible for benefits, the Department sh all ensure that an application is filed on behalf of t he youth. The Department shall prescribe by rule how it w ill review cases of youth in care at regular intervals to d etermine whether the youth may have become eligible for benefits after the initial assessment. The Department shall make reasonable eff orts to encourage youth in care over the age of 18 who are likely eligible for benefits to cooperate with the application process and to assist youth with the application process. (2) When applying for benefits under this Section for a youth in care the Department shall identify a represent ative payee in accordance with the requirements of 20 CFR 404.2021 and 416.621. If the Department is seeking to be ap pointed as the youth's representative payee, the Department must consider input, if provided, from the youth's attor ney and guardian ad litem regarding whether another represe ntative payee, consistent with the requirements of 20 CFR 4 04.2021 and 416.621, is available. If the Department serves as the representative payee for a youth over the age of 18, the Department shall request a court order , as described in subparagraph (C) of paragraph (1) of subsect ion (d) and in subparagraph (C) of paragraph (2) of subsection (d). (c) Notifications. The D epartment shall immediately notify a youth over the age of 16, the youth's attorney and guard ian ad litem, and the youth's parent or legal guardian or ano ther responsible adult of: (1) any application for or any application to be come representative payee for benefits on behalf of a yout h in care; (2) beginning January 1, 2025, any communications from the Social Security Admini stration, the U.S. Department of Veterans Affair s, or the Railroad Retirement Board pertaini ng to the acceptance or denial of benefits or the selection of a representative payee; and (3) beginning January 1, 2025, any appeal or ot her action requested by the Department regarding an applica tion for benefits. (d) Use of benefits. Consistent with federal law, when the Department serves as the representative payee for a youth receiving benefits and receives benefits on the youth's behalf, the Depart ment shall: (1) Beginnin g January 1, 2024, ensure that when th e youth attains the age of 14 years and until the Department no longer serves as the represent ative payee, a minimum percentage of the youth's Supplementa l Security Income benefits are con served in accordance with paragraph (4) as follows: (A) From the age of 1 4 through age 15, at least 40%. (B) From the age of 16 through age 17, at least 80%. (C) From the age of 18 and older, 100%, when a court order has been entered ex pressly authorizing the DCFS Guardianship Administrator to serve as the designated representative to establish an ABLE account on behalf of a youth in accordance with paragraph (4). (2) Beginning January 1, 2024, ensure that when the youth attains the age of 14 years and until the Department no longer serves as the representative payee a minimum perce ntage of the youth's Social Securi ty benefits, Veterans benefits, or Railroad Retirement benef its are conserved in accordance wi th paragraph (3) or (4), as applicable, as follows: (A) From the age of 14 through age 15, at least 40%. (B) From the age of 16 thr ough age 17, at least 80%. (C) From the age of 18, 100%. If es tablishment of an ABLE account is necessary to conserve benefits for youth age 18 and older, then benefits shall be conserved in accordance with paragraph (4) when a c ourt order has been entered expressly authorizing t he DCFS Guardianship Administrator to serve as the designat ed representative to establish an ABLE account on behalf of a youth. (3) Exercise discretion in accordance with federal law and in the best interests of the youth when making decisions to use or conserve the youth 's benefits that are less than or not subject to asse t or resource limits under federal law, including usi ng the benefits to address the youth's special needs a nd conserving the benefits for the youth's reasonably for eseeable future needs. ( 4) Appropriately monitor any federal asset or resour ce limits for the Supplemental Security Income benefits and ensure that the youth's best interest is served by using or conserving the benefits in a way tha t avoids violating any federal asset or resource limits that would affect the youth's eligibility to receive the benefits, including, but not limited to: ;

(A) establishing an ABLE account authorized by Section 529A of the Internal Revenue Code of 1986, for the youth and conserving the youth's benefits in that accoun t in a manner that appropriately avoids any federal asset or resource limits; (B) if the Department determines t hat using the benefits for services for current s pecial needs not already provided by the Department is in the best interest of the youth, using the benefits for those services; (C ) if federal law requires certain back payments of be nefits to be placed in a dedicated account, comply ing with the requirements for dedicated accounts under 20 CFR 416.640(e); and (D) applying any other exclusions from f ederal asset or resource limits available under federal law and using or conserving the youth's benefits in a manner th at appropriately avoids any federal asset or resource l imits. (e) By July 1, 2024, the Department shall provide a report to the General Assembly regarding youth in care who receive benefits who are not subjec t to this Act. The report shall discuss a goal of expanding con servation of children's benefits to all benefits of all children of any age for whom the Department serves as represen tative payee. The report shall include a description of any identified obstacles , steps to be taken to address the obstacles, and a description of any need for statutory, ru le, or procedural changes. (f) (1) Accounting. (A) Beginning on November 17, 2023 (the effective da te of Public Act 103-564) this amendatory Act of the 103rd General Assembly t hrough December 31, 2024, upon request of the youth 's attorney or guardian ad litem, the Department sha ll provide an annual accounting to the youth's attorney and guardian ad litem of how the youth's benefits have been used and conserved. (B) Beginning January 1, 2025 and e very year thereafter, an annual accounting of how the youth's benefits have been used and conserved shall be p rovided automatically to the youth's attorney and gua rdian ad litem. (C) In addition, within 10 business days of a request from a youth or the youth's attorney and guardian ad litem, the Department shall provide an accounting to the youth of how the youth's benefits have been used a nd conserved. (2) The accounting shall inclu de: (A) The a mount of benefits received on the youth's behalf since the most recent accounting and the date the benefits were received. (B) Information regarding the youth's b enefits and resources, including the youth's bene fits, insurance, cash assets, trust accounts, earnings, an d other resources.

(C) An accounting of the disbursement of benefit funds, including the date, amount, identification o f payee, and purpose. (D) Information regarding each request by the y outh, the youth's attorney and guardian ad litem, or the youth 's caregiver for disbursement of funds and a statement rega rding the reason for not granting the request if the reque st was denied. When the Department's guardian ship of the youth is being terminated, prior to or upon the t ermination of guardianship, the Department shall provide (i) a final accounting to the youth's attorney and guardian ad lit em, and to either the person or persons who will assume guardi anship of the youth or who is in the process of adopting the youth, if the youth is under 18, or to the youth, if the youth is over 18 and (ii) information to the parent, guardian, or youth regarding how t o apply to become the designated representative for the youth' s ABLE account. (g) Education. The Departm ent shall provide the youth who have funds conserved und er paragraphs (1) and (2) of subsection (d) with education and support, including specific information regarding the exist ence, availability, and use of funds conserved for the youth in accordance with paragraphs (1) and (2) of subsection (d), beginning by age 14 in a developmentally appropriate man ner. The education and support services shall be developed in consultation with input fro m the Department's Statewide Youth Advisory Board. Education and informational materials related to ABLE accounts shall be develope d in consultation with and approved by the State Treasure r. (h) Adoption of rules. The Department shall adopt rules to implement the provisions of this Section by January 1, 2024. (i) Reporting. No later than February 28, 2023, the Department shall file a report with the General As sembly providing the following information for State Fiscal Years 2019, 2020, 2021, and 2022 and annually begin ning February 28, 2023, for the preceding fiscal year: (1) The number of youth ente ring care. (2) The num ber of youth entering care receiving each of the following types of benefits: Social Security benefits, Supplemental Security Income, Veterans benefits, Railroad Retirement benefits. (3) The number of youth entering care for whom the Dep artment filed an application for each of the followi ng types of benefits: Social Security benefits, Suppl emental Security Income, Veterans benefits, Railroad Retire ment benefits. (4) The number of youth entering care who were awarded each of the following types of benefits based on an app lication filed by the Department: Social Security benefits, Supplemental Security Income , Veterans benefits, Railroad Retirement benefits. (j) Annually beginning December 31, 2023, the Dep artment shall file a report with the General Assembly with the following information r egarding the preceding fiscal year:

(1) the number of conserved accounts established and maintained for youth in care; (2) the average amount conserved by age group; and (3) the total amount conserved by age group.(Source: P.A. 102-1014, eff . 5-27-22; 103-154, eff. 6-30-23; 103-564, eff. 11-17-23; revised 7-18-24.) (20 ILCS 5

05/7.3b) Sec . 7.3b. Case plan requirements for hair-related needs of youth in care. (a) Purposes. Ha ir plays an important role in fostering youths' connectio n to their race, culture, and identity. Hair care Haircare promotes positive me ssages of self-worth, comfort, and affection. Becau se these messages typically are developed through interactions with family and community memb ers, it is necessary to establish a framework to en sure that youth in care are not deprived of these messages and that car egivers and appropriate child care facility staff are adequately prepared to provide culturally compete nt hair care haircare for youth. (b) Definitions. As used in this Section: (1) "Hair care" "Haircare" means all care related to the maintenance of hair, including, but not limited to, the daily maintenance routine, cutting, styling, or dying of ha ir. (2) "Culture" means the norms, traditions, and experiences of a person's co mmunity that inform that person's daily life and long-term goals. (3) "Identity" means the memories, experiences, relationships, and values that create one's sens e of self. This amalgamation creates a steady sense of who one is over time, even as new facets are develo ped and incorporated into one's identity. (c) Hair care Haircare plan. Every case plan shall include a hair c are plan Haircare Plan for each youth in care that is developed in consultation with the youth based upon the youth's developmental abilities, as well as with the youth's parents or caregivers or appropriate child care facility staff if not contrary to the youth's wishes, and that outlines any traini ng or resources required by the caregiver o r appropriate child care facility staff to meet the hair care haircare needs of the youth. At a minimum, the hair care plan Haircare Plan must addr ess: (1) necessary hair care haircare steps to be taken to preserve the y outh's desired connection to the youth's race, cultu re, gender, religion, and identity; (2) necessary steps to be taken specific to the youth's hair care haircare needs during emergency and health situations; and (3) the desires of the youth as they pert ain to the youth's hair care haircare. A youth's hair care plan Haircare Plan mu st be reviewed at the same time as the case plan review req uired under Section 6a as well as during monthly visits to ensu re compliance with the hair care plan Hai rcare Plan and identify any needed changes. (d) By Jun e 1, 2025, the Department shall develop training and res ources to make available for caregivers and appropriate child care facility staff to provide culturally competent hair care haircare to youth in care. (e) By June 1, 2025, the Department must ado pt rules to facilitate the implementation of this Section.(So urce: P.A. 103-850, eff. 1-1-25; revised 12-1-24.) Section 95. The Foster Parent Law is amended by changing Sections 1-15 and 1-20 as follows: (20 ILCS

520/1-15) Sec. 1-15. Foster parent rights. A foster parent's rights include, but are not limite d to, the following: (1) The right to be treated with dignity, respect, and consideration as a professional member of the child welfare team. (2) The right to be given standardized pre-service training and appropriate ongoing training to m eet mutually assessed needs and improve the foster parent's skills. (3) The right to be informed as to how to contact the appropriate chil d placement agency in order to receive information and assistance to access supportive services for children in the foste r parent's care. (4) Th e right to receive timely financial reimbursement commensur ate with the care needs of the child as specified in th e service plan. (5) The right to be provided a clear, written understanding of a placement agency's plan concerning t he placement of a child in the foster parent's home. In herent in this right is the foster parent's responsib ility to support activities that will promote the child's right to relationships with the child's own family and cu ltural heritage. (6) T he right to be provided a fair, timely, and impartial i nvestigation of complaints concerning the foster pa rent's licensure, to be provided the opportunity to have a person of the foster parent's choosing present dur ing the investigation, and to be provided due process during the investigation; the right to be provided the opportunity to request and receive mediation or an administrative review of decisions that affect licensing parameters, or both medi ation and an administrative review; and the right to hav e decisions concerning a licensing corrective action plan specifically explained and tied to t he licensing standards violated. (7) The right, at any time during which a child is placed with the foster parent, to receive additional or necessary information that is relevant to the care of t he child. (7.5) The right to be given information concerning a c hild (i) from the Department as required under subsection (u) of Section 5 of the Children and Family Services Act and ( ii) from a child welfare agency as required under subsectio n (c-5) of Section 7.4 of the Child Care Act of 1969 . (8) The ri ght to be notified of scheduled meetings and staffings c oncerning the foster child in order to actively participa te in the case planning and decision-making process regarding the child, including individual service planning meetings, administrative case reviews, interdisciplinary st affings, and individual educational planning meetings; the right to be informed of decisions made by the courts or the child welfare agency concerning the child; the rig ht to provide input concerning the plan of services for the child and to have that input given full c onsideration in the same manner as information presented b y any other professional on the team; and the right to commu nicate with other professionals who work with the foste r child within the context of the team, including thera pists, physicians, attending health care profession als, and teachers. (9) The right to be given, in a timely and consistent mann er, any information a caseworker has regarding the child a nd the child's family which is pertinent to the care and ne eds of the child and to the making of a permanency plan for the child. Disclosure of information concerning the chil d's family shall be limited to that information that is ess ential for understanding the needs of and providing care to the child in order to protect the rights of the child's family. When a positive relationship exis ts between the foster parent and the child's family, the child's family may consent to disclosure of additional information. (10) The right to be given reasonable written notice of ( i) any change in a child's case plan, (ii) plans to terminate the placement of the child with the foster parent, and (iii) the reasons for the change or termination in placement. Th e notice shall be waived only in cases of a court order or when the child is determined to be at imminent risk of harm. (11) The righ t to be notified in a timely and complete manner of all court hearings, including notice of the date and time of the court hear ing, the name of the judge or hearing officer hearing the ca se, the location of the hearing, and the court docket number of the case; and the right to intervene in court proc eedings or to seek mandamus under the Juvenile Court Act of 1987. (12) The right to be considered as a plac ement option when a foster child who was formerly placed with the foster parent is to be re-entered into fos ter care, if that placement is consistent with the best in terest of the child and other children in the foster parent's home. (13) The right to have timely ac cess to the child placement agency's existing appeals proce ss and the right to be free from acts of harassment an d retaliation by any other party when exercising th e right to appeal. (14 ) The right to be informed of the Foster Parent Hotline es tablished under Section 35.6 of the Children and Family S ervices Act and all of the rights accorded to foster parents concer ning reports of misconduct by Department employees, servic e providers, or contractors, confidential handling of those reports, and investigation by the Inspector General appointed under Section 35.5 of the Children and Family Services Act. (15) The right t o timely training necessary to meet the hair care hairc are needs of the children placed in the foster parent's care. (Source: P.A. 103-22, eff. 8-8-23; 103-850, eff. 1-1-25; revised 11-21-24.) (20 ILCS 520/1-20) Sec. 1-20. Foster parent responsibilities. A foste r parent's responsibilities include, but are not limited to, the following: ( 1) The responsibility to openly communicate and s hare information about the child with other members of the child we lfare team. (2) The respon sibility to respect the confidentiality of informat ion concerning foster children and their families and act app ropriately within applicable confidentiality laws and re gulations. (3) The res ponsibility to advocate for children in the foster pa rent's care. (4) The responsibility to treat children in the foster paren t's care and the children's families with dignity, re spect, and consideration. (5) The responsibility to recognize the foster parent's own individ ual and familial strengths and limitations when deciding whe ther to accept a child into care; and the responsibility to recognize the foster parent's own support needs and utilize appropriate supports in providing care for foster children. (6) The responsibility to be aware of the benefits of relying on and affiliating with other foster parents and foster parent ass ociations in improving the quality of care and service to children and families. (7) The responsibility to assess the foster parent's o ngoing individual training needs and take action to meet tho se needs. (8) The res ponsibility to develop and assist in implementing st rategies to prevent placement disruptions, recognizin g the traumatic impact of placement disruptions on a foster child and all members of the fo ster family; and the responsibility to provide emotional su pport for the foster children and members of the foster family if preventive strategies fail and placement disruptions occur. (9) The responsibility to know the impact foster parenting has on individuals and family rel ationships; and the responsibility to endeavor to min imize, as much as possible, any stress that results from foster paren ting. (10) The responsibil ity to know the rewards and benefits to children, parents, families, and society that come from foster parenting and t o promote the foster parenting experience in a po sitive way. (11) The r esponsibility to know the roles, rights, and responsibili ties of foster parents, other professionals in the chi ld welfare system, the foster child, and the foster chil d's own family. (12 ) The responsibility to know and, as necessary, fulfil l the foster parent's responsibility to serve as a mandated reporter of suspected child abuse or neglect under the Abused and Neglected Child Reporting Act; and the responsibility to know the child welfare agency's poli cy regarding allegations that foster parents have comm itted child abuse or neglect and applicable administrative rules and procedures governing investigations of those allegations.

(13) The responsibility to know and receive trai ning regarding the purpose of administrative cas e reviews, client service plans, and court processes, as well as any filing or time requirements associated w ith those proceedings; and the responsibility to actively participate in th e foster parent's designated role in these proceedings. (14) The responsibilit y to know the child welfare agency's appeal procedur e for foster parents and the rights of foster parents un der the procedure. (15) The responsibility to know and understand the importance of maintainin g accurate and relevant records regarding the child's histor y and progress; and the responsibility to be aware of and follow the procedures and regulations of the c hild welfare agency with which the foster parent is licens ed or affiliated. (16) The responsibility to share information, thro ugh the child welfare team, with the subsequent careg iver (whether the child's parent or another substitute caregiver) regarding the child's adjustment in th e foster parent's home. (17) The responsibility to provide care and services t hat are respectful of and responsive to the child's cu ltural needs and are supportive of the relationship between the child and the child's own family; the responsibility to recognize the increased importance o f maintaining a child's cultural identity when the race or culture of the foster family differs from that of the f oster child; the respo nsibility to provide hair care haircare that pres erves the child's desired connection to the child's race, culture, gender, religion, and identity; and the responsibility to take action to add ress these issues.(Source: P.A. 103-22, eff. 8-8-23; 103-850, eff. 1-1-25; revised 11-21-24.) Sectio n 100. The Foster Children's Bill of Rights Act is amended by changing Section 5 as follows:

(20 ILCS 521/5)

Sec. 5. Foster Children's Bill of Rights. I t is the policy of this State that every child and adult in the ca re of the Department of Children and Family Services who i s placed in foster care shall have the following rights: (1) To live in a safe, healthy, and comfortable home where they are treated with res pect. (2) To be free from physical, sexual, emot ional, or other abuse, or corporal punishment. (3) To receive adequa te and healthy food, adequate clothing, and, for youth in gr oup homes, residential treatment facilities, and foster homes, an allowance. (4) To receive medical, dental , vision, and mental health services. (5) To be free of the administrati on of medication or chemical substances, unless authorized by a physicia n. (6) To contact family members, unless prohibited by court order, a nd social workers, attorneys, foster youth advocates and s upporters, Court Appointed Special Advocates (CASAs ), and probation officers. (7) To visit and contact siblings, unless pr ohibited by court order. (8) To contact the Advocacy Office for Children and Fa milies established under the Children and Family Services Act o r the Department of Children and Family Services' Office of the Inspector General regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints. (9) To make and receive confidential telep hone calls and send and receive unopened mail, unless pr ohibited by court order.

(10) To attend religious serv ices and activities of their choice.

(11) To maintain an emancipation bank accoun t and manage personal income, consistent with the child's a ge and developmental level, unless prohibited by the cas e plan. (12) To not be locked in a room, building, or facility premises, unless placed in a secur e child care facility licensed by the Department of Children and Family Services under the Child Ca re Act of 1969 and placed pursuant to Section 2-27 .1 of the Juvenile Court Act of 1987.

(13) To attend school and participate in e xtracurricular, cultural, and personal enrichment activities, consistent with the chi ld's age and developmental level, with minimal disruptions to school attendance and educational stability. (14) To work and develop jo b skills at an age-appropriate level, consistent with S tate law. (15) To hav e social contacts with people outside of the foster care sy stem, including teachers, church members, mentors, a nd friends. (16) If they meet age requirements, to attend services and programs operated by the Department of Children and Family Services or any other appropriate State agency that aim to help current and former foster youth achieve self-sufficiency prior to and after leaving foster care. (17) To attend court hea rings and speak to the judge. (18) To have storage space for private use. (19) To be involved in th e development of their own case plan and plan for permanent placement. (20) To review their own case plan and plan for permanent placement, if they are 12 years of ag e or older and in a permanent placement, and to receive information about their out-of-home placement and case plan, including being told of changes to the case plan. (21) To be free from unreasonable searches of personal belongings. (22) To the confident iality of all juvenile court records consistent with existing law. (23) To have fair and equal access to all available ser vices, placement, care, treatment, and benefits, and to not be subje cted to discrimination or harassment on the basis of actua l or perceived race, ethnic group identification, ancestry , national origin, color, religion, sex, sexual orien tation, gender identity, mental or physical disability, or HIV status. (24) To have caregivers and child welfare personnel who have received sensitivity training and instruction on mat ters concerning race, ethnicity, national origin, color, an cestry, religion, mental and physical disability, and HIV status. (25) To have caregivers and child welfare personnel who have received instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care. (26) At 16 years of age or older, to have access to existi ng information regarding the educational options available, in cluding, but not limited to, the coursework necessary for vocational and postsecondary educational programs, and in formation regarding financial aid for postsecondary educa tion. (27) T o have access to age-appropriate, medically accurate information about reproductive health care, the preventi on of unplanned pregnancy, and the prevention and treatmen t of sexually transmitted infections at 12 years of age or older. (28) To receive a copy of this Ac t from and have it fully explained by the Department of Childr en and Family Services when the child or adult is placed i n the care of the Department of Children and Family Services. (29) To be placed in the least restrictive and most family-like setting avai lable and in close proximity to their parent's home consis tent with their health, safety, best interests, and spe cial needs. ( 30) To participate in an age and developmentally appropriat e intake process immediately after placement in the custo dy or guardianship of the Department. During the intake p rocess, the Department shall provide the youth with a doc ument describing inappropriate acts of affection, discipl ine, and punishment by guardians, foster parents, foster siblings, or any other adult respons ible for the youth's welfare. The Department shall review and discuss the document with the child. The Department mu st document completion of the intake process in the child 's records as well as giving a copy of the document to the child. (31) To participate in appropriate inte rvention and counseling services after removal from the h ome of origin in order to assess whether the youth is exhibiting signs of traumatic stress, special nee ds, or mental illness. (32) To receive a home visit by an assigned child welfare specialist, per existing Department policies and procedur es, on a monthly basis or more frequently as needed. In ad dition to what existing policies and procedures outl ine, home visits shall be used to assess the youth's wel l-being and emotional health following placemen t, to determine the youth's relationship with the youth's guardian or foster parent or with any other adult respons ible for the youth's welfare or living in or frequenting the home environment, and to determine what forms of discip line, if any, the youth's guardian or foster par ent or any other person in the home environment uses to cor rect the youth. (33) To be en rolled in an independent living services program prior to transitioning out of foster care where the youth will receive classes and instruct ion, appropriate to the youth's age and developmental capacity, on independent living and self-sufficiency in the a reas of employment, finances, meals, and housing as well a s help in developing life skills and long-ter m goals. (34) To b e assessed by a third-party entity or agency pri or to enrollment in any independent livin g services program in order to determine the youth's readiness for a transition out of foster care based on the youth's individual needs, emotional development, and ability, regardless of age, to make a successful transition t o adulthood. (35) To hair care haircare that preserves the chil d's desired connection to the child's race, culture, gender, religion, and identity and to have a correspo nding hair care haircare plan established in accordance w ith Section 7.3b of the C hildren and Family Services Act. The Department must provide, in a timely and consistent mann er, training for all caregivers and child welfare personnel on how to meet the hair care haircare needs of children. (Source : P.A. 102-810, eff. 1-1-23; 103-22, eff. 8-8-23; 103-850, eff. 1-1-25; revised 11-21-24.) Section 105. The Department of Commerc e and Economic Opportunity Law of the Civil Administrative Code of Illinois is amended b y setting forth, renumbering, and changing multiple versions of Section 605-1115 as follows: (20 ILCS 605/605-1115) Sec. 605-1115. Quantum computing campuse s. (a) As used in this Section: "Data center" means a facility: (1) whose primary services are the storage, manageme nt, and processing of digital data; and (2) that is used to house (A) computer and network systems, including associated components such as servers, network equipment and appliances , telecommunications, and data storage systems, ( B) systems for monitoring and managing infrastructure per formance, (C) Internet-related equipment and services, (D ) data communications connections, (E) environmental controls, (F) fire protection systems, and (G) security systems a nd services. "Full-time equiva lent job" means a job in which an employee works for a tenant of the quantum campus at a rate of at least 35 hours per week. Vacations, paid holidays, and sick time are included in this computation. Overtime is not considered a part of regu lar hours. "Quantum computing campus" or "c ampus" is a contiguous area located in the State of Illinois that is designated by the Department as a quantum computing campus in order to support the demand for q uantum computing research, development, and implementation f or practical use. A quantum computing campus may include educ ational institutions intuition s, nonprofit research and development organiz ations, and for-profit organizations serving as anc hor tenants and joining tenants that, with approval from the De partment, may change. Tenants located at the campus shall ha ve direct and supporting roles in quantum computing activities. Eligible tenants include quantum computer operators and rese arch facilities, data centers, manufacturers and assemblers of quantum computers and component parts, cryogenic or refrigeration facilities, and other facilities determin ed, by industry and academic leaders, to be fundamental to t he research and development of quantum computing for prac tical solutions. Quantum computing shall include the resea rch, development, and use of computing methods that generate and manipulate quantum bits in a controlled quan tum state. This includes the use of photons, semiconductors, su perconductors, trapped ions, and other industry and academically regarded m ethods for simulating quantum bits. Additionally, a quantum c ampus shall meet the following criteria: (1) the campus must comprise a minimum of one-half square mile and not more than 4 square m iles; (2) the campu s must contain tenants that demonstrate a substan tial plan for using the designation to encourage participation by organizations owned by minorities, women, and persons with disabilitie s, as those terms are defined in the Business Enterpri se for Minorities, Women, and Persons with Disabilities Act, and the hiring of minorities, women, and persons with disabilities; (3) upon being placed in service, within 60 months after design ation or incorporation into a campus, the owners of property located in a campus shall certify to the Department that the property is carbon neutral or has attained certification under one or more of the followi ng green building standards: (A) BREEAM for New Construction or BREEAM, In-Use; (B) ENERGY STAR;

(C) Envision; (D) ISO 50001-energy management; (E) LEED for Building De sign and Construction, or LEED for Operations and Main tenance; (F) Green Globes for New Construct ion, or Green Globes for Existing Buildings; (G) UL 3223; or (H) an equivalent program approved by the Department.

(b) Tenants located in a designated qu antum computing campus shall qualify for the followin g exemptions and credits: (1) the Department may certify a taxpayer for an exemption from any State or local use tax or retaile rs' occupation tax on building materials that will be incorporate d into real estate at a quantum computing campus;

(2) an exemption from the ch arges imposed under Section 9-222 of the Public Utiliti es Act, Section 5-10 of the Gas Use Tax Law, Section 2-4 of the Electricity Excise Tax Law, Section 2 of the Te lecommunications Excise Tax Act, Section 10 of the Tele communications Infrastructure Maintenance Fee Act, and Sec tion 5-7 of the Simplified M unicipal Telecommunications Tax Act; and (3) a credit against the taxes impos ed under subsections (a) and (b) of Section 201 of the I llinois Income Tax Act as provided in Section 241 of the Illinois Income Tax Act. (c) Certificates of exemption and credit certificates under this Section shall be issued by the Department. Upon certification by the Depart ment under this Section, the Department shall notify the Department of Revenue of the certification. The exemption s tatus shall take effect within 3 months after certification of the taxpayer and notice to the Department of Revenue by the Department. (d) Entities seeking to f orm a quantum computing campus must apply to the Departmen t in the manner specified by the Department. En tities seeking to join an established campus must apply for an amendment to the existing campus. This application for amend ment must be submitted to the Department with support from other cam pus members. The Department shall determine the duration of certificates of exemption awarded u nder this Act. The duration of the certificates of exemption may not exceed 20 calendar years and on e renewal for an additional 20 years. The Department and any tenant located in a quantum compu ting campus seeking the benefits under this Section must enter into a m emorandum of understanding that, at a minimum, provides: (1) the details for determining the amount of capital investment to be made; (2) the number of new jobs created; ( 3) the timeline for achieving the capit al investment and new job goals; (4) the repayment obligation should those goals not be achiev ed and any conditions under wh ich repayment by the tenant or tenants claiming the exemption shall be required; (5) the duration of the exemptions; and (6) other provisions as deemed necessary by the Departm ent. The Department shall, within 10 da ys after the designation, send a letter of notification to ea ch member of the General Assembly whose legislative district or repres entative district contains all or part of the designated area. (e) Beginning on July 1 , 2025, and each year thereafter, the Department shall annually repor t to the Governor and the General Assembly on the outc omes and effectiveness of Public Act 103-595 this amendatory Act of the 103rd General Assembly. The report shall include the following: (1) the names of each tenant located within the quantum computing campus;

(2) the location of each quantum computing c ampus; (3) the estimated value of the credits to be iss ued to quantum computing campus tenants; (4) the number of new job s and, if applicable, retained jobs pledged at each qu antum computing campus; and (5) whether or not the quantum computing campus is located in an underserved area, an energy trans ition zone, or an opportunity zone. (f) Tenants at the quantum computing campus seeking a certificate of exemption related to the construction of required f acilities shall require the contractor and all subcontractors to: (1) comply with the requirements of Sec tion 30-22 of the Illinois P rocurement Code as those requirements apply to responsible bidders and to present satisfactory evidence of that complian ce to the Department; and

(2) enter into a project labor agreement submitted to the Department. (g) The Department shall not issue any new certificates of exemp tion under the provisions of this Section after July 1, 2030. This sunset shall not affect any existing certificates of exemption in effect on July 1, 2030. (h) The Department shall adopt rules to implement and administer this Section. (Source: P.A. 103-595, eff. 6-26-24; revised 9-27-24.) (20 ILCS 605/605-1116)

(Section scheduled to be repealed on Janu ary 1, 2027) Sec. 6 05-1116 605-1115 . Creative Economy Ta sk Force. (a) Subject to appropriation, the Creative Economy Task Force is created within the Department of Comme rce and Economic Opportunity to create a strategic plan to develop the creative economy in this State . (b) The Task Force shall consist o f the following members: (1) the Director of Commerce and Economic Opportunity or the Director's de signee, who shall serve as chair of the Task Force; (2) the Executive Dir ector of the Illinois Arts Council or the Executive Director' s designee, who shall serve as the vice-chair of the Task Force; (3) one member appointed by the Speaker o f the House of Representatives;

(4) one member appointed by the Minority Leader of the House of Representatives; (5) one member appointed b y the President of the Senate; (6) on e member appointed by the Minority Leader of the Senate; (7) one member from the bank ing industry with experience in matters involving the federal Small Busines s Administration, appointed by the Governor; (8) one member from a certified public accounting firm or ot her company with experience in financial modeling and the cre ative arts, appointed by the Governor; (9) one member recommended by a statewi de organization representing counties, appoint ed by the Governor; (10) o ne member from an Illinois public institution of higher education or nonprofit research inst itution with experience in matters involving cultural arts , appointed by the Governor;

(11) the Director of Labor or the Director's designee; and (12) five members from this State's arts community, appointe d by the Governor, including, but not limited to, the following sec tors: (A) film, television, and video production; (B) recorded audio and mus ic production; (C) animation production; (D) vi deo game development; (E) live theater, orchestra, ballet, and opera; (F) live music performance; (G) visual arts, including sculpt ure, painting, graphic design, and photography; (H) production facilities, such as film and television studios; (I) live music or performing arts venues; and

(J) arts servi ce organizations. (c) No later than Ju ly 1, 2026, the Task Force shall collect and analyze data on the current state of the creative economy in this State and develop a strategic plan to improve this Stat e's creative economy that can be rolled out in incremental ph ases to reach identified economic, social justice, and bu siness development goals. The goal of the strategic plan shall be to ensure that this State is competitive with respect to attracting creative economy business, retaining talent with in this State, and developing marketable content that can be ex ported for national and international consumption and monetization. The strategic plan shall address support for the creative community within historically marginalized commu nities, as well as the creative economy at large, and take in to account the diverse interests, strengths, and nee ds of the people of this State. In developing the strategic plan for the creative economy in this State, the Task Force shall:

(1) identify existing studies of aspects affecting the creative economy, including studies relating to tax issues, legislation, finance, population and demographics, an d employment; (2) conduct a comparative analysis with other jurisdictions that have successfully developed cre ative economy plans and programs; (3) conduct in-depth interviews t o identify best practices for structuring a strategic p lan for this State; (4) evaluate existing banking models for financing creative economy projects in the private sector and develop a finan cial model to promote investment in this State's creative economy; (5) eval uate existing federal, State, and local tax incentive s and make recommendations for improvements to support the creative economy; (6) identify the role that counties and cities play with respect to the stra tegic plan and the specific counties and cities that may need or want a stronger creative economy; (7) identify opportunities for aligning with new busi ness models and the integration of new technologies; (8) identify the role that State education progr ams in the creative arts play in the creative economy and with respec t to advancing the strategic plan; (9) identify geographic areas with the least amo unt of access or opportunity for a creative economy;

(10) identify opportunities for earn-and-learn job training employment for students who have enrolled or completed a program in the arts, low-income or unemployed creative workers, and others with demonstrated in terest in creative work in their communities; and (11) identify existing initiatives and projects that c an be used as models for earn-and-learn opportunit ies or as examples of be st practices for earn-and-learn opport unities that can be replicated Statewide or in different r egions. (d) The Task Force shall submit its f indings and recommendations to the General Assembly no later th an July 1, 2026. (e) Member s of the Task Force shall serve without compensation but may be reimbursed for necessary expenses incurred in t he performance of their duties. The Department of Commerce and Economic Opportunity shall provide adminis trative support to the Task Force. (f ) Appropriations for the Task Force may be used to support oper ational expenses of the Department, including entering in to a contract with a third-party provider for admin istrative support. (g) The Director or the Di rector's designee may, after issuing a request for pro posals, designate a third-party provider to help facil itate Task Force meetings, compile information, and pre pare the strategic plan descri bed in subsection (c). A third-party provider contract ed by the Director shall have experience conducting business in professional arts or experience in business development and drafting busine ss plans and multidisciplinary planning documents. (h) This Sectio n is repealed January 1, 2027.(Source: P.A. 103-811, eff. 8-9-24; revised 9-23-24.) (20 ILCS 605/605-1117) (Section sched uled to be repealed on June 1, 2026) Sec. 605-1117 605-1115. Task Force on Interjurisdictional Industrial Zoning Im pacts. (a) The General Ass embly finds that industrial developments typically have regional impacts, both positive and negative. Those impacts extend beyond the zoning authority of the unit of local government where the devel opment is located. Units of local government may experience i mpacts on public health, pub lic safety, the environment, traffic, property values , population, and other considerations as a result of indust rial development occurring outside of the their zoning jurisdiction, includ ing areas adjacent to their borders. (b) The Task Force on Interjurisdictional Industrial Zoning Impacts is crea ted within the Department of Commerce and Economic Opportuni ty. The Task Force shall examine the followin g: (1) current State and local zoning laws and policies related to large industri al developments; (2) current State and local laws and policies related to annexation; (3) S tate and local zoning and annexation laws a nd policies outside of Illinois; (4) the potential impacts of large industrial developm ents on neighboring units of local government, including how those developments may affect residential communities; (5) trends in industrial zoning across urban, suburban, and rural regions of Illinois; (6) available metho dologies to determine the impact of large industrial deve lopments; and (7) outcomes in recent zoning pro ceedings for large industrial developments or attempts to develop properties for larg e industrial purposes, including the recent attempt to conve rt a 101 acre campus in Lake County near Deerfield. (c) The Task Force on Interjurisdiction al Industrial Zoning Impacts shall consist of the following members: (1) the Direct or of Commerce and Economic Opportunity or his or her designee; (2 ) one member, appointed by the President of the Senate, representing a statewide organization of municip alities described in Section 1-8-1 of the Il linois Municipal Code; (3) one member, appointed by the President of the Senate, representi ng a regional association of municipalities and mayors; (4) one member, appointed by the President of the Senate, representing a regio nal association that represents the commercial real estate i ndustry; (5) one member , appointed by the Speaker of the House of Representative s, representing a statewide association representing count ies; (6) one member, ap pointed by the Speaker of the House of Representatives, representing a regional association of municipalities and mayors; (7) one me mber, appointed by the Minority Leader of the Senate, represe nting a statewide professional economic development association; (8) one member, appoin ted by the Minority Leader of the House of Representa tives, representing a statewide association of park districts; (9) one member represe nting a statewide labor organization, appointed by the Governor; (10) one member representing the Office of the Governor, appointed by the Governor; (11) one member of the Senate, appointed by the President of the Senate; (12) one member of the Senate, appoint ed by the Minority Leader of the Senate; (13) one member of the House of Representatives, appointed by the Speaker of the Hou se of Representatives;

(14) one member of the House of Representatives, appoi nted by the Minority Leader of the House of Representa tives; and (15) one membe r representing a statewide manufacturing association, appointed by the Governor. (d) The members of the Task Force shall serve w ithout compensation. The Department of Commerce and Economic Opportunity sh all provide administrative support to the Task Force. (e) The Task Force shall meet at least o nce every 2 months. Upon the first meeting of the Task Force, the members of the Task Force shall elect a chairperson of the Task Force. (f) The Task Force shall prepare a rep ort on its findings concerning zoning for large industrial development and associated interjurisdictional impacts, including any recommendations. The report shall be submitted to the Governor and the General Assembly no later than December 31, 2025. (g) This Section is repealed June 1, 2026. (So urce: P.A. 103-882, eff. 8-9-24; revised 9-23-24.) Section 110. The Economic Development Area Tax Increment Allocation Act is amended by changing Section 8 as follows: (20 ILC

S 620/8) (from Ch. 67 1/2, par. 1008) Sec. 8. Issuance of obligations for economic develop ment project costs. Obligations secured by the special tax allocation fund provided for in Se ction 7 of this Act for an economic development project area ma y be issued to provide for economic development projec t costs. Those obligations, when so issued, shall be retired in the manner provided in the ordinance authorizing th e issuance of the obligations by the receipts of taxes levi ed as specified in Section 6 of this Act against the taxable p roperty included in the economic development project are a and by other revenue designated or pledged by the mu nicipality. A municipality may in the ordinance pledge al l or any part of the funds in and to be deposited in the specia l tax allocation fund created pursuant to Section 7 of th is Act to the payment of the economic development project cost s and obligations. Whenever a municipality pledges all of the funds to the credit of a special tax allocation fund to secure obligations issued or to be issued to pay economic dev elopment project costs, the municipality may specifically provi de that funds remaining to the credit of such special tax alloc ation fund after the payment of such obligations shall be acco unted for annually and shall be deemed to be "surplus" funds, a nd such "surplus" funds shall be distributed as hereinafter provided. Whenever a municipality pledges less than all of the monies to the credit of a special tax allocation fund to se cure obligations issued or to be issued to pay economic deve lopment project costs, the municipality shall provide t hat monies to the credit of the special tax allocation fund and not subject to such pledge or otherwise encumbered or require d for payment of contractual obligations for specific econo mic development project costs shall be calculated annually and shall be deemed to be "surplus" funds, and such "surplus" fun ds shall be distributed as hereinafter provided. All funds to the credit of a special tax allocation fund which are deemed to be "surplus" funds shall be distributed annually with in 180 days of the close of the municipality's fiscal year by b eing paid by the municipal treasurer to the county collect or. The county collector shall thereafter ma ke distribution to the respective taxing districts in the same manner a nd proportion as the most recent distribution by the county collector to those taxing districts of real property taxes fr om real property in the economic development project area.

Without limiting the foregoing in this Sect ion, the municipality may, in additio n to obligations secured by the special tax allocation fund, pledge for a period not greater than the term of the ob ligations towards payment of those obligations any part or any combination of the following: (i) net revenues of all or part of any economic development project; (ii) taxes levied an d collected on any or all property in the municipality, including , specifically, taxes levied or imposed by the municipality in a special service area pursuant to "An Act to provide the ma nner of levying or imposing taxes for the provision of s pecial services to areas within the boundaries of home r ule units and non-home rule municipalities and cou nties", approved September 21, 1973, as now or hereafter amended; (iii) the ful l faith and credit of the municipality; (iv) a mortgage on part or all of the economic development project; or (v) any other taxes or anticipated receipts that the municipality may l awfully pledge. Such obligations may be issued in one or more series bearing interest at such ra te or rates as the corporate authorities of the municipality sha ll determine by ordinance, which rate or rates may be varia ble or fixed, without regard to any limitations contained i n any law now in effect or hereafter adopted. Such oblig ations shall bear such date or dates, mature at such time or times not exceedin g 38 years from their respective dates, but in no event exceeding 38 years from th e date of establishment of the economic development project a rea, be in such denomination, be in such form, whether co upon, registered, or book-entry, carry such registratio n, conversion, and exchange privileges, be executed in such manner, be payable in such medium of pa yment at such place or places within or without the State of Illinois, contain such covenants, terms, and conditions, be subject to redemption with or withou t premium, be subject to defeasance upon such terms, and have such rank or priority, as such ordinance shall provide. Obligati ons issued pursuant to this Act may be sold at public or private sale at such price as shall be determined by the corporate authorities of the municipalit ies. Such obligations may, but need not, be issued util izing the provisions of any one or more of the omnibus bond Acts speci fied in Section 1.33 of the Statute on Statute s "An Act to revise the law in relation to the constr uction of the statutes", approved March 5, 1874, as now or hereafter amended. No referendum approval of th e electors shall be required as a condition to the issuance of obligations pursuant to this Act except as provided in th is Section. Whenever a municipality issue s bonds for the purpose of financing economic development project costs, the municipality may provide by ordinance for the appointment of a trustee, which may be any trust com pany within the State, and for the establishment of the f unds or accounts to be maintained by such trustee as the mu nicipality shall deem necessary to provide for the securit y and payment of the bonds. If the municipality provides for the appointment of a trustee, the trustee shall be co nsidered the assignee of any payments assigned by the municipa lity pursuant to the ordinance and this Section. Any amounts pai d to the trustee as assignee shall be deposited in t he funds or accounts established pursuant to the trust agr eement, and shall be held by the trustee in trust for the benefit of the holders of the bonds, and the holders shall have a lien on a nd a security interest in those bonds or accounts so long as the bonds remain outstanding and unpaid. Upon retirement of the bonds, the trustee shall pay over any excess amounts h eld to the municipality for deposit in the special tax allocat ion fund. In the event the municipality auth orizes the issuance of obligations pursuant to the authority of this Act secured by the full faith and credit of the mu nicipality, or pledges ad valorem taxes pursuant to clause (ii) of the second paragraph of this Section, which obli gations are other than obligations which may be issued under hom e rule powers provided by Article VII, Section 6 of the Illinoi s Constitution or which ad valorem taxes are other than ad valorem taxes which may be pledged under home rule powers prov ided by Article VII, Section 6 of the Illinois Constitution or which are levied in a special service area pursuant to "An Act to provide the manner of levying or imposing taxes for the provision of special services to areas within the b oundaries of home rule units and non-home rule municipali ties and counties", approved September 21, 1973, as now or he reafter amended, the ordinance authorizing the issuance of those obligations or p ledging those taxes shall be published within 10 days after the ordinance has been adopted, in one or more newspaper s having a general circulation within the municipality . The publication of the ordinance shall be accompanied b y a notice of: (1) the specific number o f voters required to sign a petition requesting the q uestion of the issuance of the obligations or pledging such ad valorem taxes to be submitted to th e electors; (2) the time within which the petition must be file d; and (3) the date of the prospective referendum. The m unicipal clerk shall provide a petition form to any individual requesting one. If no petition is filed with the municipal clerk , as hereinafter provided in this Section, within 21 days after the publication of the ordinance, the ordinance shall be in effect. However, if, within that 21-day 21 day period, a petition is filed with the mun icipal clerk, signed by electors numbering not less than 15% of the number of electors voting for the mayor or president at t he last general municipal election, asking that the questi on of issuing obligations using full faith and credit of t he municipality as security for the cost of paying for economic development project costs, or of pledging such ad valorem taxes for the payment of those obligations, or both, be submi tted to the electors of the municipality, the municipality sha ll not be authorized to issue obligations of the munic ipality using the full faith and credit of the municipality a s security or pledging such ad valorem taxes for the pa yment of those obligations, or both, until the proposition has been submit ted to and approved by a majority of the voters voting on t he proposition at a regularly scheduled election. The municip ality shall certify the proposition to the proper electi on authorities for submission in accordance with the gener al election law. The ordinance authorizing the obligations may provide that the obligations shall contain a recital that they are issued pursuant to this Act, which recital shall be co nclusive evidence of their validity and of the regularity of their issuance. In the event the municipality authorizes issuance of obligations pursuant to this Act secured by the full faith and credit of the munici pality, the ordinance authorizing the obligations may provide for the levy and collection of a direct annual tax upon all t axable property within the municipality sufficient to pay t he principal thereof and interest thereon as it matures, which levy may be in addition to and exclusive of the maximum of a ll other taxes authorized to be levied by the municipality, which levy, however, sh all be abated to the extent that monies from other sourc es are available for payment of the obligations and the munic ipality certifies the amount of those monies available to the county clerk. A certified copy of th e ordinance shall be filed with the county clerk of each county in which any portion of the municipality is situated , and shall constitute the authority for the extension and c ollection of the taxes to be deposited in the special tax alloc ation fund. A municipality may also issue its obligations to refund, in whole or in part, obligations th eretofore issued by the municipality under t he authority of this Act, whether at or prior to maturity. However, the last maturity of the refunding obligations sha ll not be expressed to mature later than 38 years from the date of the ordinance establishing the economic development pr oject area. In the event a municipality is sues obligations under home rule powers or other legislative aut hority, the proceeds of which are pledged to pay for economic d evelopment project costs, the municipality may, if it has followed the procedures in conforman ce with this Act, retire those obligations from funds in th e special tax allocation fund in amounts and in such manner as if those obligations had been issued pursuant to the provisions of this Act. No o bligations issued pursuant to this Act shall be regarded as indebtedness of the municipalit y issuing those obligations or any other taxing district fo r the purpose of any limitation imposed by law. Obligations issued pursuant to this Act shall n ot be subject to the provisions of the Bond Authoriza tion Act "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set fort h therein", approved May 26, 1970, as amended.(Source: P.A. 97-636, eff. 6-1-12; revised 7-24-24.) Section 115. The Reimagining Energy and Vehicles in Illinois Act is amended by changing Sections 10, 20, 65, and 95 as follows: (20 ILCS 686/10) Sec. 10. Definitions. As used in this Act: "Advanced battery" means a battery th at consists of a battery cell that can be integrated into a module, pack, or system to be used in energy storage a pplications, including a battery used in an electric vehicle or the electric g rid. "Advanced battery component" means a component of an advanced battery, including materials, enhancements, enclos ures, anodes, cathodes, electrolytes, cells, and other ass ociated technologies that comprise an advanced battery. "Agreement" means the agreement between a taxpayer and the Department under the provisions of Secti on 45 of this Act. "Applicant" means a taxpa yer that (i) operates a business in Illinois or is planning to locate a business within the State of Illinois and (ii) is engaged in interstate or intrastate commerce as an electric vehicle manufacturer, an electric vehicle component par ts manufacturer, or an electric vehicle power supply equipment manufacturer. For applications for credits under this Act that are sub mitted on or after February 3, 2023 (the ef fective date of Public Act 102-1125) this amendatory Act of the 102nd General Assembl y, "applicant" also includes a taxpayer that (i) operates a business in Illinois or is planning to locate a business within the State of Illinois and (ii) is engaged in i nterstate or intrastate commerce as a renewable energy manufact urer. "Applicant" does not include a taxpayer who closes or substantially reduces by more than 50% operations at one loc ation in the State and relocates substantially the same operati on to another location in the State. This does not prohibi t a Taxpayer from expanding its operations at another loca tion in the State. This also does not prohibit a Taxpayer fr om moving its operations from one location in the State to ano ther location in the State for the purpose of expanding the ope ration, provided that the Department determines that expa nsion cannot reasonably be accommodated within the municipality or county in which the business is located, or, in the ca se of a business located in an incorporated area of the count y, within the county in which the business is located, after conferring with the chief elected official of the municipality or county and taking into consideration any evidence offered by the municipality or co unty regarding the ability to accommodate expansion within the municipality or county. "Battery raw materials" means the raw and processed form of a mineral, metal, chemical, or o ther material used in an advanced battery component . "Battery raw materials refining ser vice provider" means a business that operates a facility that filters, sifts, and treats battery raw materials for use in an advanced batt ery. "Battery recycling and reuse ma nufacturer" means a manufacturer that is primarily engaged i n the recovery, retrieval, processing, recycling, or rec irculating of battery raw materials for new use in electric ve hicle batteries. "Capital improvem ents" means the purchase, renovation, rehabilitation, or construction of permanent tangible land, buildings, struct ures, equipment, and furnishings in an approved project sited in Illinois and expenditures for goods or services that are n ormally capitalized, including organizational costs and research and development costs incurred in Illinois. For la nd, buildings, structures, and equipme nt that are leased, the lease must equal or exceed the t erm of the agreement, and the cost of the property shall be det ermined from the present value, using the cor porate interest rate prevailing at the time of the applicat ion, of the lease payments. "Credit" means either a "REV Illinois Cre dit" or a "REV Construction Jobs Credit" agreed to between the Department and applicant under this Act. "Department" means the Dep artment of Commerce and Economic Opportunity.

"Director" means the Director of Commerce and Econom ic Opportunity. "Electric vehicle" means a vehicle that is exclusively powered by and refueled by electricity, including electricity generated th rough hydrogen fuel cells or solar technology. "Electric vehicle" , except when referencing aircraft with hybrid electric propulsion systems, does not include hybrid-electric hybrid electric vehicles, el ectric bicycles, or extended-range electric vehic les that are also equipped with conventional fueled propulsi on or auxiliary engines. "Electric vehicle manufacturer" means a new or existing manufacturer that is primarily focused on ree quipping, expanding, or establishing a manufacturing fa cility in Illinois that produces electric vehicles as defined in this Section. "Electric vehicle com ponent parts manufacturer" means a new or existing manufact urer that is focused on reequipping, expanding, or establ ishing a manufacturing facility in Illinois that produces parts or ac cessories used in electric vehicles, as defined by this Section, including advanced battery component parts. The changes to this definition of "electric vehicle component parts manufacturer" apply to agreements under this Act that are entered into on or after December 21, 2022 (the effective date of Public Act 102-1112) this amendatory Act of the 102nd General A ssembly. "Electric vehicle power supply equipment" means the equipment used specifi cally for the purpose of delivering electricity to an e lectric vehicle, including hydrogen fuel cells or solar refueli ng infrastructure. "Electric vehicle power s upply manufacturer" means a new or existing manufacturer that is focused on reequipping, ex panding, or establishing a manufacturing facility in Illi nois that produces electric vehicle power supply equipment used for the purpose of delivering electricity to an electric vehicle, inc luding hydrogen fuel cell or solar refueling infrastruct ure. "Electric vehicle powertrain tech nology" means equipment used to convert electricity for us e in aerospace propulsion. "Electric vehicle powertrain technolo gy manufacturer" means a new or existing manufacturer that is focused on reequipping, expanding, or establishing a manufac turing facility in Illinois that d evelops and validates electric vehicle powertrain techn ology for use in aerospace propulsion. "Ele ctric vertical takeoff and landing aircraft" or "eVTOL aircraft" means a fully electric aircraft that la nds and takes off vertically. "Energy T ransition Area" means a county with less than 100,000 p eople or a municipality that contains one or more of the fo llowing: (1) a fossil fuel plant that was retired from service or has signific ant reduced service within 6 years before the time of th e application or will be retired or have service signif icantly reduced within 6 years following the time of the a pplication; or (2) a coal mine that was closed or had operations significan tly reduced within 6 years before the time of the applica tion or is anticipated to be closed or have operations signi ficantly reduced within 6 years following the time of the appl ication. "Full-time employee" means an indivi dual who is employed for consideration for at least 35 hours each we ek or who renders any other standard of service generally a ccepted by industry custom or practi ce as full-time employment. An individual for whom a W-2 is issued by a Professional Employer Or ganization (PEO) is a full-time employee if employed in the service of the applicant for consider ation for at least 35 hours each week. "Gree n steel manufacturer" means an entity that manufactures steel without the use of fossil fuels and with zero net carbon emis sions. "Incremental income tax" mean s the total amount withheld during the taxable year from the compensation of new employees and, if applicable, retained employees under Article 7 of the Illinois Income Tax Act arising from employment at a project that is the subject of an agreement. "Institution of higher education" or "institution" means any accredited public or private university, college, community college, business, technical , or vocational school, or other accredite d educational institution offering degrees and instruction beyond the secondary school level. "Minority person" means a minority per son as defined in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. "New employee" means a newly-hired, full-time employee employed to work at the project site and whose work is directly related to the pro ject. "Noncompliance date" means, in the case of a taxpayer that is not complying with the requiremen ts of the agreement or the provisions of this Act, the day follo wing the last date upon which the taxpayer was in complian ce with the requirements of the agreement a nd the provisions of this Act, as determined by the Director, pursuant to Section 70. "Pass-through entity" means an entity that is exempt from the tax under subsection (b) or (c) of Section 205 of the Illin ois Income Tax Act. "Placed in ser vice" means the state or condition of readiness, availability for a specifically assigned function, and the facility is constructed and ready to conduct its facility opera tions to manufacture goods. "Professional employer organization" (PEO ) means an employee leasing company, as defined in Section 20 6.1 of the Illinois Unemployment Insurance Act. "Program" means the Reimagining Energy and Vehicles in Il linois Program (the REV Illinois Program) established in this A ct. "Project" or "REV Illinois Project" mean s a for-profit economic development activi ty for the manufacture of electric vehicles, electr ic vehicle component parts, electric vehicle power supply eq uipment, or renewable energy products, which is designated by t he Department as a REV Illinois Project and is the subject of an agree ment. "Recycling facility" means a loca tion at which the taxpayer disposes of batteries and other comp onent parts in manufacturing of electric vehi cles, electric vehicle component parts, or electric vehicle power supply equipment. "Related mem ber" means a person that, with respect to the taxpayer d uring any portion of the taxable year, is any one of the following: (1) An individual stockholder, if the stockholder a nd the members of the stockholder's family (as defined in Section 318 of the Internal Revenue Code) own directly, ind irectly, beneficially, or constructively, in the agg regate, at least 50% of the value of the taxpayer's ou tstanding stock. (2) A partnership, estate, trust and any part ner or beneficiary, if the partnership, estate, or tru st, and its partners or beneficiaries own directly, indire ctly, beneficially, or constructively, in the aggregate, a t least 50% of the profits, capital, stock, or value of the taxpayer.

(3) A corporation, and any party related to the corporation in a manner that would require an attribution of s tock from the corporation under the attribution rules of Section 318 of the Internal Revenue Code, if the Taxpay er owns directly, indirectly, beneficially, or construc tively at least 50% of the value of the corporation's ou tstanding stock. (4) A corporation and any party related to that c orporation in a manner that would require an attribution o f stock from the corporation to the party or from the party to the corporation under the attribution rules of Secti on 318 of the Internal Revenue Code, if the corporation an d all such related parties own in the aggregate at least 50 % of the profits, capital, stock, or value of the taxpayer.

(5) A person to or from whom there is an attribution of stock ownership in accorda nce with Section 1563(e) of the Internal Revenue Co de, except, for purposes of determining whether a person is a r elated member under this paragraph, 20% shal l be substituted for 5% wherever 5% appears in Section 1563 (e) of the Internal Revenue Code. "Renewable energy" means energy produced using the materials and sour ces of energy through which renewable energy resources are generated. "Renewable energy man ufacturer" means a manufacturer whose primary function is t o manufacture or assemble: (i) equipment, systems, or pro ducts used to produce renewable or nuclear energy; (ii) products used for energy stor age, or grid efficiency purposes; or (iii) component parts for that equipment or those systems or products. "Renewable energy resources" has the meaning ascri bed to that term in Section 1-10 of the Illinois Power Ag ency Act. "Research and development" means work directed toward the innovation, introduction, and impro vement of products and processes. "R esearch and development" includes all levels of research and deve lopment that directly result in the potential manufacturing an d marketability of renewable energy, electric vehicles, el ectric vehicle component parts, and electric or hybrid aircraft . "Retained employee" means a full-ti me employee employed by the taxpayer prior to the term of the Agreement who continues to be employed during the term of the agreement whose job duties are directly related to the project. The term "retained employee" does not include a ny individual who has a direct or an indirect ownership i nterest of at least 5% in the profits, equity, capital, or value of the taxpayer or a child, grandchild, parent, or spouse, other than a spouse who is legally separated from the individual, of any individual who has a direct or indirect ownership of at least 5% in th e profits, equity, capital, or value of the taxpayer. The changes to this definition of "retained employee" apply to agre ements for credits under this Act that are entered into on or after December 21, 2022 (the effective date of Public Act 102-1112) this amendatory Act of the 102nd General Assembly. "REV Illinois credit" means a credi t agreed to between the Department and the applicant und er this Act that is based on the incremental income tax attri butable to new employees and, if applicable, retained e mployees, and on training costs for such employees at the appli cant's project. "REV construction jobs credit" means a credit agreed to between the Department and the applicant under this Act that is based on the incremental income tax attributable to construction wages paid in connection with const ruction of the project facilities. "Stat ewide baseline" means the total number of full-time em ployees of the applicant and any related member employed by such entitie s at the time of application for incentives under thi s Act. "Taxpayer" means an individual, corporat ion, partnership, or other entity that has a legal ob ligation to pay Illinois income taxes and file an Illinoi s income tax return. "Training costs" means costs incurred to upgrade the technological skills of full-time employees in Illinois and includes: curriculum development; training materials (inclu ding scrap product costs); trainee domestic travel exp enses; instructor costs (including wages, fringe benefits, tu ition, and domestic travel expenses); rent, purchase, or lease of training equipment; an d other usual and customary training costs. "Training costs " do not include costs associated with travel outside the Unite d States (unless the Taxpayer receives prior written approval f or the travel by the Director based on a show ing of substantial need or other proof the training is not reasonably available within the United States), wages and fringe ben efits of employees during peri ods of training, or administrative cost related to full-time employees of the taxpayer. "Underserved area" means any geographic area as defined in Section 5-5 of the Econo mic Development for a Growing Economy Tax Credit Act.(Source: P.A. 102-669, eff. 11-16-21; 102-700, eff. 4-19-22; 102-1112, ef f. 12-21-22; 102-1125, eff. 2-3-23; 103-595, eff. 6-26-24; revised 10-24-24.) (20 ILCS 686/20) Sec. 20. REV Illinois Program; project applicatio ns. (a) The Reimagining En ergy and Vehicles in Illinois (REV Illinois) Program is hereby established and shall be administered by the Department. The P rogram will provide financial incentives to any one or more of the following: (1) eligible manu facturers of electric vehicles, electric vehicle comp onent parts, and electric vehicle power supply equipment; (2) battery recycling and reuse manufacturers; (3) battery raw materials refining service providers; or (4) renewable energy manufacturers. (b) Any taxpayer planning a project to be located in Illinois may request consideration f or designation of its project as a REV Illinois Project, by formal written letter of request or by formal application to the Dep artment, in which the applicant states its intent to make at least a specified level of investm ent and intends to hire a specified number of full-ti me employees at a designated location in Illinois. As cir cumstances require, the Department shall require a formal application from an applicant and a formal letter of request for assistance. (c ) In order to qualify for credits under the REV Illinois Program, an appli cant must: (1) if the applicant is an electric vehicle manufacturer:

(A) make an investment of at least $1,500,000,000 in capital improvements at the project site; (B) to be placed in service within the State within a 60-month period after approval of the application; and (C) create at least 500 new full-time e mployee jobs; or (2) if the applicant is an electric vehicle component parts manufacturer, a renewable energy manufacturer, a green st eel manufacturer, or an entity engaged in research, development, or man ufacturing of eVTOL aircraft or hybrid-electric o r fully electric propulsion systems for airliners: (A) make an investment of at least $300,000,000 in capital improvements at the project site; (B) manufacture one or more parts that are pr imarily used for electric vehicle, renewable energy, or green ste el manufacturing; (C) to be placed in service within the State wi thin a 60-month period after approval of the application; and

(D) create at least 150 new full-time employee jobs; o r (3) if the agreement i s entered into before February 3, 2023 (the effective date of Public Act 102- 1125) this amendatory Act of the 1 02nd General Assembly and the applicant is an electric vehicle manufacturer, an electric vehicle power supply equipment manufacturer, an electric veh icle component part manufacturer, renewable energy manufacture r, or green steel manufacturer that does not qualify under paragraph (2 ) above, a battery recycling and reuse manufacturer, or a battery raw materials refining service provider:

(A) make an investment of at least $20, 000,000 in capital improvements at the project site; (B) for electric vehicle component part manufacturers, manufact ure one or more parts that are primarily used for electric vehic le manufacturing; (C) to be placed in service within the State within a 48-month period after approval of the application; and

(D) create at least 50 new full-time employee jobs; or (3. 1) if the agreement is entered into on or after February 3, 2023 (the effective date of

Public Act 102-1125) this amendatory Act of the 102nd General Assembly and the applicant is an electric vehic le manufacturer, an electric vehicle power supply equipment man ufacturer, an electric vehicle component part manufacturer, a renewable energy manufacturer, a green steel manufacturer, or an entity e ngaged in research, development, or manufacturing of eVTOL aircraft or hybrid-electric or fully electric propulsion systems fo r airliners that does not qualify under paragraph (2) above, a battery recycling and reuse manufacturer, or a batter y raw materials refining service provider: (A) make an investment of at least $2,50 0,000 in capital improvements at the project site; (B) in the case o f electric vehicle component part manufacturers , manufacture one or more parts that are used for electric vehicle ma nufacturing; (C) t o be placed in service within the State within a 48-month period after approval of the application; and (D) create the lesser of 50 new full-time emplo yee jobs or new full-time employee jobs equivalent to 10% of the Statewide baseline applicable to the taxpayer and any related member at the time of application; or

(4) if the agreement is entered into before February 3, 2023 (the effective date of Public Act 102 -1125) this amendatory Act o f the 102nd General Assembly and the applic ant is an electric vehicle manufacturer or elect ric vehicle component parts manufacturer with existing operations within Illinois t hat intends to convert or expand, in whole or in part, the existing facilit y from traditional manufacturing to primarily electric vehicle manufacturing, electric vehicle component parts manufacturing, an electric vehicle power supply equipme nt manufacturing, or a green steel manufacturer: (A) make an investment of at least $100,000,000 in capital improvements at the project site; (B) to be placed in service within the State within a 60-month period after approval of the application; and (C) create the lesser of 75 new full-time employee jobs or new full-time employee jobs equivalent to 10% of the Statewide baseline applicable to the taxpayer and any related member at the time of application; (4.1) i f the agreement is entered into on or after February 3, 2023 (the effective date of Public Act 102-1125) this amendatory Act of the 102nd General Assembly and the applicant (i) is an electric vehicl e manufacturer, an electric vehicle component parts manufac turer, a renewable energy manufacturer, a green steel manu facturer, or an entity engaged in research, development , or manufacturing of eVTOL aircraft or hybrid electric or fully electric propulsion systems for airliners and (ii) has existing operations within Illinois that the applicant intends to conve rt or expand, in whole or in part, from traditional manufacturi ng to electric vehicle manufacturing, electric vehicle component parts m anufacturing, renewable energy manufacturing, or electric vehicle power supply equipment manufacturing: (A) make an investment of at least $100,000,000 in capital improvements at the p roject site; (B) t o be placed in service within the State within a 60-month period after approval of the application; and (C) create the lesser of 50 new full-time employ ee jobs or new full-time employee jobs equivalent to 10% of the Statewide baseline applicable to the taxpayer and any related member at the time of appli cation; or (5) if the agreement is entered into on or after June 7, 2023 (the effective date of the changes made to thi s Section by Public Act 103-9) this amendatory Act of the 103rd General Assembly and before June 1, 2024 and the ap plicant (i) is an electric vehicle manufacturer, an electr ic vehicle component parts manufacturer, or a renewable energy manufacturer or (ii) has existing operations within Illinois that the applicant intends to conve rt or expand, in whole or in part, from traditional manufacturi ng to electric vehicle manufacturing, electric vehicle component parts manufacturing, renewable energy manufacturing, or electri c vehicle power supply equipment manufacturing: (A) make a n investment of at least $500,000,000 in capital improvements at the project site; (B) to be placed in service withi n the State within a 60-month period after approval of the app lication; and (C) retain a t least 800 full-time employee jobs at the project. (d) For agreements entered into prior to April 19, 2 022 (the effective date of Public Act 102-700), for any applicant creating the full-time employee jobs noted in subsection (c), those jobs must have a total compensation eq ual to or greater than 120% of the average wage paid to full-time employees in the county where the project is located, as determined by the U.S. Bureau of Labor Statistics. For agre ements entered into on or after April 19, 2022 (the effective date of Public Act 102-700), for any applicant creating the f ull-time employee jobs noted in subsection (c) , those jobs must have a compensation equal to or greater t han 120% of the average wage paid to full-time employees i n a similar position within an occupational group in the county where the project is located, as determined by the Department. (e) For any applicant, within 24 months after being placed in service, it must certify to the Department that it is carbon neut ral or has attained certification under one of mor e of the following green building standards: (1) BREEAM for New Construction or BREEAM In-Use; (2) ENERGY STAR; (3) Envision; (4) ISO 50001 - energy management; (5) LEED for Building Design and Construction or LEED for Bui lding Operations and Maintenance; (6) Green Globes for New Construction or Green Globes for E xisting Buildings; or

(7) UL 3223. (f) Each applicant must outline its hiring plan and commitment to recruit and hire full-time employee positions at the project site. The hiring plan may include a partnership with an instituti on of higher education to provide internships, including, but n ot limited to, internships supported by the Clean Jobs Workf orce Network Program, or full-time permanent employment f or students at the project site. Additionally, the applican t may create or utilize participants from apprenticeship prog rams that are approved by and registered with the United Stat es Department of Labor's Bureau of Apprenticeship and Tra ining. The applicant may apply for apprenticeship education ex pense credits in accordance with the provisions set forth in 14 Ill. Adm. Code 522. Each applicant is required to r eport annually, on or before April 15, on the diversity of its workforce in accordance with Section 50 of this Act. For existing facilities of applicants under paragraph (3) of subs ection (b) above, if the taxpayer expects a reduction in force due to its transition to manufacturing electric ve hicle, electric vehicle component parts, or electric vehicle p ower supply equipment, the plan submitted under this Section must outline the taxpayer's plan to assist with re training its workforce aligned with the taxpayer's adoption of new technologies and anticipated efforts to retrain employees through employment opportunities within the taxpayer's workforc e. (g) Each applicant must demonstrate a contractual or other relationship with a recycling fa cility, or demonstrate its ow n recycling capabilities, at the time of application and r eport annually a continuing contractual or other relationship wi th a recycling facility and the percentage of batteries used in electric vehicles recycled throughout the term of the agreeme nt. (h) A taxpayer may not enter into more than one agreement under this Act with respect to a si ngle address or location for the same period of time. A lso, a taxpayer may not enter into an agreement under this Ac t with respect to a single address or location for the sam e period of time for which the taxpayer currently holds an a ctive agreement under the Economic Development for a Growing E conomy Tax Credit Act. This provision does not preclude the applicant from entering into an additional agreement after the expiration or voluntary termination of an earlier agree ment under this Act or under the Economic Development for a Growing Economy Tax Credit Act to the extent that the tax payer's application otherwise satisfies the terms and conditio ns of this Act and is approved by the Department. An applicant with an existing agreement under the Economic Development for a Growing Economy Tax Credit Act may submit an appli cation for an agreement under this Act after it terminates any existing agreement under the Economic Development for a Gr owing Economy Tax Credit Act with respect to the same ad dress or location. If a project that is subject to an existi ng agreement under the Economic Development for a Growing Eco nomy Tax Credit Act meets the requirements to be designated as a REV Illinois project under this Act, including for actions undertaken prior to the effective date of this Act, th e taxpayer that is subject to that existing agreement unde r the Economic Development for a Growing Economy Tax Credit Act may apply to the Department to amend the agreement to al low the project to become a designated REV Illinois project . Following the amendment, time accrued du ring which the project was eligible for credits under the e xisting agreement under the Economic Development for a Growin g Economy Tax Credit Act shall count toward the duration of th e credit subject to limitations described in Section 40 of t his Act. (i) If, at any time following the de signation of a project as a REV Illinois Project by the Depar tment and prior to the termination or expiration of an agreem ent under this Act, the project ceases to qualify as a REV Il linois project because the taxpayer is no longer an electric v ehicle manufacturer, an electric vehicle component manufac turer, an electric vehicle power supply equipment manufactur er, a battery recycling and reuse manufacturer, a battery raw materials ref ining service provider, or an entity engaged in eVTOL or hybrid electric or fully electric propulsion systems for airlin ers research, development, or manufacturing, that project may receive tax credit awards as described in Section 5-1 5 and Section 5-51 of the Economic Development for a Growing Economy Tax Credit Act, as long as the project cont inues to meet requirements to obtain those credits as de scribed in the Economic Development for a Growing Econo my Tax Credit Act and remains compliant with terms contain ed in the Agreement under this Act not related to their stat us as an electric vehicle manufacturer, an electric vehicle com ponent manufacturer, an electric vehicle power supply eq uipment manufacturer, a battery recycling and reuse manufa cturer, a battery raw materials refining service provider , or an entity engaged in eVTOL or hybrid-electric or fully electric propulsion systems for airliners research, developmen t, or manufacturing. Time accr ued during which the project was eligible for credits under an agreement under this Act shall cou nt toward the duration of the credit subject to limitations described in Section 5-45 of the Eco nomic Development for a Growing Economy Tax Credit Act.(Source: P.A. 102-669, eff. 11-16-21; 102-700, eff. 4 -19-22; 102-1112, eff. 12-21-22; 102-112 5, eff. 2-3-23; 103-9, eff. 6-7-23; 103-595, eff. 6-26-24 ; revised 10-24-24.) (20 ILCS 686/65) Sec. 65. REV Construction Jobs Credits.

(a) Each REV program p articipant that is engaged in construction work who seeks to a pply for a REV Construction Jobs credit shall annually, until construction is completed, submit a report that, at a minimum, describes the projected project scope, timeline, and anticipated budget. Once the project has commenced, the annual report shall include actual data for the prior year as well as projections for each additional year through completion of the projec t. The Department shall issue detailed reporting guidelin es prescribing the requirements of construction-related construction related report s. In order to receive credit for construction expenses, the company must provide the Department with evidence tha t a certified third-party executed an Agreed-Upon Procedure (AUP) verifying the construction expenses or acce pt the standard construction wage expense estimated by the Departm ent. Upon re view of the final project scope , timeline, budget, and AUP, th e Department shall issue a tax credit certificate reflecti ng a percentage of the total construction job wages paid throu ghout the completion of the project. (b) (Blank). (c) (Blank).

(d) (Blank). (e) Upon 7 business days' noti ce, the taxpayer shall make available to any State agency and to federal, State, or local law enf orcement agencies and prosecutors for inspection and copying at a location within this State during reasonable hours, the report described in subsection (a).(Source: P.A. 102-669, eff. 11-16-21; 103-595, eff. 6-26-24; revised 10-23-24.)

(20 ILCS 686/95) Sec. 95. Utility tax exemptions for REV Illinois Project sites. The D epartment may certify a taxpayer with a REV Illinois credit for a Project that meets the qualifications under paragraph Section paragraphs (1), (2), (4), (4.1), or (5) of subsection (c) of Section 20, subject to an a greement under this Act for an exemption from the tax impose d at the project site by Section 2-4 of the Electricity Exc ise Tax Law. To receive such certification, the taxpayer must be re gistered to self-assess that tax. The taxpayer is also exempt from any additi onal charges added to the taxpayer's utility bills at the p roject site as a pass-on of State utility taxes under Se ction 9-222 of the Public Utilities Act. The taxpayer must meet any other criteria for certification set by the Department. The Department shall determine the period during which the exemption from the Electr icity Excise Tax Law and the charges imposed under Sectio n 9-222 of the Public Utilities Act are in effect, which shall not exceed 30 years from the date of the taxpaye r's initial receipt of certification from the Department unde r this Section. The Department is authorize d to adopt rules to carry out the provisions of this Section, inc luding procedures to apply for the exemptions; to define the amounts and types of eligible investments that an applicant mus t make in order to receive electricity excise tax exempt ions or exemptions from the additional charges imposed under Section 9-222 and the Public Utilities Act; to approve s uch electricity excise tax exemptions for applicants whose investments are not yet placed in service; and t o require that an applicant granted an electricity excise tax exemption or a n exemption from additional charges under Section 9-222 of the Public Utilities Act repay the exempted amount if the applicant Applicant fails to comply with the terms and conditio ns of the agreement. Upon certification by the Department under this Section, the Department shall notify the D epartment of Revenue of the certification. The Department of Re venue shall notify the public utilities of the exempt status of any t axpayer certified for exemption under this Act from the electricity excise tax or pass-on c harges. The exemption status shall take effect within 3 months after certification of the taxpayer and notice to the Department of Revenue by t he Department.(Source: P.A. 102-669, eff. 11- 16-21; 103-595, eff. 6-26-24; revised 10-23-24.) Section 120. The Department of Human Services Act is amended by changing Sect ion 1-75 as follows: (20 ILCS 1305/1

-75) (Section scheduled t o be repealed on July 1, 2026)

Sec. 1-75. Off -Hours Child Care Program. (a) Legislative intent. The General Assembly fin ds that: (1) Findin g child care can be a challenge for firefighters, paramedics, police officers, nurses, and other third shift workers across the State who often work non-typical work hours. This can impact home life, school, bedtime routines, job safety, and the mental health of some of our most critical frontline front line workers and th eir families. (2) There is a need for increa sed options for off-hours child care in the State. A majority of the State's child care facilities do not provide care outside of normal work hours, with just 3,25 1 day care homes and 435 group day care homes that prov ide night care. (3) Illinois has a vested interest in ensuring that our fi rst responders and working families can provide their c hildren with appropriate care during off hours to improve th e morale of existing first responders and to improve recruitment into the future. (b) As used in this Section, "first responders" means emergency medical s ervices personnel as defined in the Emergency Medical Servic es (EMS) Systems Act, firefighters, law enforcement of ficers, and, as determined by the Department, any other workers w ho, on account of their work schedule, need child care o utside of the hours when licensed child care facilities typicall y operate. (c) Subject to appropriation, the Department of Human Services shall establish and administe r an Off-Hours Child Care Program to help first respon ders and other workers identify and access off-hours, nigh t, or sleep time child care. Services funded under the progr am must address the child care needs of first responders. Fundi ng provided under the program may also be used to cover any capital a nd operating expenses related to the provision of off-hours, night, or sleep time child care for first resp onders. Funding awarded under this Section shall be funded through appropriations from the Off-Hours Child Care Program Fund created under subsection (d). The Dep artment shall implement the program by July 1, 2023. The Dep artment may adopt any rules necessary to implement the program. (d) The Off-Hours Child Care Program Fund is c reated as a special fund in the State treasury. The Fund shall consist of any moneys appropriated to the Depar tment of Human Services for the Off-Hours Child Care Pr ogram. Moneys in the Fund shall be expended for the Off-Hours Child Care Program and for n o other purpose. All interest earned on moneys in the Fund shall be deposited into the Fund. (e) This Section is repealed on July 1, 2026. (Source: P. A. 102-912, eff. 5-27-22; 103-154, eff. 6-30-23; 103-594, eff. 6-25-24; revised 10-16-24.) Section 125. The Department of Insurance Law of the Civil Administrative Code of Illinois is amended by changing Section 1405-40 as follows: (20 ILCS 1405/1405-40) Sec. 1405-40. Transfer of functions. (a) On July 1, 2021 (the effective dat e of Public Act 102-37), all powers, duties, rights, and responsibilities of the Insurance Compliance Division with in the Illinois Workers' Compensation Commission are transferr ed to the Department of Insurance. The personnel of the Insu rance Compliance Division are transferred to the Department o f Insurance. The status and rights of such personnel unde r the Personnel Code are not affected by the transfer. The right s of the employees and the State of Illinois and its agencies u nder the Personnel Code and applicable collective bargaining ag reements or under any pension, retirement, or annuity plan are no t affected by Public Act 102-37. All books, records, pap ers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the power s, duties, rights, and responsibilities transferred by Publi c Act 102-37 from the Insurance Compliance Division to th e Department of Insurance, including, but not limited to, mater ial in electronic or magnetic format and necessary comput er hardware and software, are transferred to the Department of Insurance. The powers, duties, rights, and responsibilities relating to the Insurance Compliance Division transferred by Public Act 102-37 are vested in the Department of In surance. (b) Whenever reports or notices are requi red to be made or given or papers or documents furnished or served by any person to or upon the Insurance Compliance D ivision in connection with any of the powers, duties, rights, and responsibilities transferred by Public Act 1 02-37, the Department of Insurance shall make, give, furnish, or serve them. (c) Public Act 102-37 does not affect any act done, ratified, or canceled, any right occurring or established, or any action or proceeding had or comm enced in an administrative, civil, or criminal cause by t he Insurance Compliance Division before July 1, 2021 (the effe ctive date of Public Act 102-37). Such actions or proceed ings may be prosecuted and continued by the Department of Insur ance. (d) Any rules that relate to its powers, duties, rights, and respo nsibilities of the Insurance Compliance Division and are in force on July 1, 2021 (the effective date of Public Act 102-37) become the rules of the Department of In surance. Public Act 102-37 does not affect the legality of any such rules. (e) Any proposed rules f iled with the Secretary of State by the Illinois Workers' Com pensation Commission that are pending in the rulemaking proces s on July 1, 2021 (the effective date of Public Act 102-37) and pertain to the transferred powers, duties, rights, and responsibilities are deemed to have been filed by the Department of Insurance. As soon as practicable, the Department of Insurance shall revise an d clarify the rules transferred to it under Public Act 102-37 t to reflect the reorganizati on of powers, duties, rights, and responsibilities affected by Public Act 102-37, using the procedures for recodifi cation of rules available under the Illinois Administrative P rocedure Act, except that existing title, part, and section numberi ng for the affected rules may be retain ed. The Department of Insurance may propose and adopt under the Illinois Administrative Proced ure Act other rules of the Illinois Workers' Compensation Commission pertaining to Public Act 102-37 that are administered by the Depart ment of Insurance.(Source: P.A. 102-37, eff. 7-1-21; 102-813, eff. 5-13-22; revised 7-29-24.) Section 130. The Department of Professional Regulation Law of the Civil Administrati ve Code of Illinois is amended by changing Sections 2105-370 and 2105-375 as follows: (20 ILCS 2105/2105-370) Sec. 2105-370. Continuing education; cultural competen cy. (a) As used in this Section: "Cultural competency" means a set of integrated attitudes, knowledge, and skills that enables a health care professional or organization t o care effectively for patients from diverse cultures, groups , and communities. "Health care professiona l" means a person licensed or registered by the Department unde r the following Acts: the Medical Practice Act of 1987, the N urse Practice Act, the Clinical Psychologist Licensing Act, the Illinois Optometric Practice Act of 1987, the Illino is Physical Therapy Act, the Pharmacy Practice Act, the Physi cian Assistant Practice Act of 1987, the Clinical Soci al Work and Social Work Practice Act, the Nursing Home Administrators Licensing and Disciplinary Act, the Illinois Occupatio nal Therapy Practice Act, the Podiatric Medical Practice Act of 1987, the R espiratory Care Practice Act, the Professional Counselor and Clinical Profe ssional Counselor Licensing and Practice Act, the Illinoi s Speech-Language Pathology and Audiology Practice Act, the Illinois Dental Practice Act, the Illinois D ental Practice Act, or the Behavior Analyst Licensing Act. (b) For health care professional licens e or registration renewals occurring on or after January 1, 2025, a health care professional who has continuing education r equirements must complete at least a one-hour course in training on cultural compete ncy. A health care professional may count this one hour for completion of this course toward m eeting the minimum credit hours required for continuing education.

(c) The Department may adopt rules for the implementation of this Section. (Source: P.A. 103-531, eff. 1-1-25; 103-605, eff. 7-1-24; revised 12-1-24.)

(20 ILCS 2105/2105-375) Sec. 2105-375. Limitation on specific statutorily mandated trainin g requirements. (a) As use d in this Section: "Health care professiona l" means a person licensed or registered by the Department unde r the following Acts: the Medical Practice Act of 1987, the N urse Practice Act, the Clinical Psychologist Licensing Act, the Illinois Optometric Practice Act of 1987, the Illino is Physical Therapy Act, the Pharmacy Practice Act, the Physi cian Assistant Practice Act of 1987, the Clinical Soci al Work and Social Work Practice Act, the Nursing Home Administrators Licensing and Disciplinary Act, the Illinois Occupatio nal Therapy Practice Act, the Podiatric Medical Practice Act of 1987, the R espiratory Care Practice Act, the Professional Counselor and Clinical Profe ssional Counselor Licensing and Practice Act, the Illinoi s Speech-Language Pathology and Audiology Practice Act, the Illinois Dental Practice Act, the Illinois Dental Practice Act, or the Behavior Analyst Licensing Act. "Statutorily mandated topics" means continuing education tra ining as specified by statute, including, but not limited to, training required under Sections 2105-365 and 2105-370. (b) Notwithstanding any other provision of law, for health care professional license or registration renewals occurring on or after January 1, 2025, a health care professiona l whose license or registration renewal occurs every 2 years must complete all statutoril y mandated topics within 3 renewal periods. If any additional statutoril y mandated topics are added by law after January 1, 2025 (the effective date of Public Act 103-531 ) this amendatory Act of the 103rd Ge neral Assembly, then a health care professional whose license or registration renewal occurs every 2 years mus t complete all statutorily mandated topics within 4 renewa l periods. (c) Notwithstanding any other provision of law, for health care professional license or registration renewals occurring on or after January 1, 2025, a health care professiona l whose license or registration renewal occurs every 3 years must complete all statutoril y mandated topics within 2 renewal periods. If any additional statutoril y mandated topics are added by law after January 1, 2025 (the effective date of Public Act 103-531 ) this amendatory Act of the 103rd Ge neral Assembly, then a health care professional whose license or registration renewal occurs every 3 years must co mplete all statutorily mandated topics within 3 renewal periods. (d) Notwithstanding a ny other provision of this Section to the contrary, the implicit bias awareness training required under Section 2105-15 .7 and the sexual harassment prevention training required under S ection 2105-15.5 must be completed as provided by l aw. (d-5) Notwithstanding any other pro vision of this Section to th e contrary, the Alzheimer's disease and other dem entias training required under Section 2105-365 m ust be completed prior to the end of the health care pro fessional's first license renewal period, and thereafter in accordance with this Section. (e) The Depar tment shall maintain on its website information regarding the current requirements for th e specific statutorily mandated topics. (f) Each license or permit application or renewal form the Department provides to a health care professional must include a notification r egarding the current specific statutorily mandated topics.(S ource: P.A. 103-531, eff. 1-1-25; revised 12-1-24.) Section 135. The Department of Public Health Powers and Duties Law of the C ivil Administrative Code of Illinois is amended by changing Section 2310-347 and by setting forth, renumbering, and changing multiple versions of Section 2310-730 as follows: (20 ILCS

2310/2310-347) Sec. 2310-347. The Carolyn Adams Ticket For The Cure Board. (a) The Carolyn Adams Ticket For The C ure Board is created as an advisory board within the Departme nt. Until 30 days after July 11, 2011 (the effective date of Public Act 97-92) this amendatory Act of the 97th General Assembly, the Board may consist of 10 members as follows: 2 members appointed by the President of the Senate; 2 members appointed by the Minority Leader of the Senate; 2 memb ers appointed by the Speaker of the House of Represe ntatives; 2 members appointed by the Minority Leader of the House of Representatives; and 2 members appointed by the Governor wi th the advice and consent of the Senate, one of whom shall be designated as chair of the B oard at the time of appointment. (a-5) Notwithstanding any provision of this Article to the contrary, the term of office of each c urrent Board member ends 30 days after July 11, 2011 (the effective date of Public Act 97-92) this amendatory Act of the 97t h General Assembly or when his or her successor is appointed and qualified, whichever occurs sooner. No later than 30 days a fter July 11, 2011 (the effective date of Public Act 97-92) this a mendatory Act of the 97th General Assembly, th e Board shall consist of 10 newly appointed members. Four of t he Board members shall be members of the General Assembly an d appointed as follows: one member appointed b y the President of the Senate; one member appointed by the Minority Leader of the Senate; one member appoi nted by the Speaker of the House of Representatives; and one me mber appointed by the Minority Leader of the House of R epresentatives. Six of the Boar d members shall be appointed by the Director of the Departm ent of Public Health, who shall designate one of these appo inted members as chair of the Board at the time of his or her appointment. These 6 members appointed by the Directo r shall reflect the population with regard to ethnic, racial, and geographical composition and shall include the following individuals: one breast cancer survivor; one physician specializing in breast cancer or related medi cal issues; one breast cancer researcher; one representative from a breast cancer organization; one indi vidual who operates a patient navigation program at a major hospital or health system; and one breast cancer professional that may include, but not be limited to, a genetics counselor, a social worker, a dietitian detain, an occupational thera pist, or a nurse. A Board member whose term h as expired may continue to serve until a successor is appointe d. (b) Board members s hall serve without compensation but may be reimbursed f or their reasonable travel expenses incurred in perfo rming their duties from funds available for that purpose . The Department shall provide staff and administrative support servi ces to the Board. (c) The Board may advis e: (i) the Department of Revenue in designing and promoti ng the Carolyn Adams Ticket For The Cure special instant sc ratch-off lottery game;

(ii) the Department in reviewing grant applications; and (iii) the Direc tor on the final award of grants from amounts appropriated from the Carolyn Adams Ticket For The Cure Grant Fund, t o public or private entities in Illinois that ref lect the population with regard to ethnic, racial, and ge ographic composition for the purpose of funding breast cancer research and supportive services for breast can cer survivors and those impacted by breast cancer and bre ast cancer education. In awarding grants, the Department sh all consider criteria that includes, but is not limited to, projects an d initiatives that address disparities in incidence and mortality rates of breast cancer, based on data from the Illinois C ancer Registry, and populations facing barriers to care in acco rdance with Section 21.5 of the Illinois Lottery Law. (c-5) The Department shall su bmit a report to the Governor and the General Assembly by Dece mber 31 of each year. The report shall provide a summary of the Carolyn Adams Ticket for the Cure lottery ticket sales, grants awarded, and th e accomplishments of the grantees. (d) The Board is discont inued on June 30, 2027.(Source: P.A. 102-1129, eff. 2-10-23; revised 10-2 4-24.) (20 ILCS 2310/2310-730) Sec. 2310-730. Health care tel ementoring. (a) Subject t o appropriation, the Department shall designate one or more health care telementoring entities based on an application to be developed by the Department. Applicants shall demonstrat e a record of expertise and demonstrated success in providing h ealth care telementoring services. The Department may ado pt rules necessary for the implementation of this Section . Funding may be provided based on the number of health care providers or professiona ls who are assisted by each approved health care telementor ing entity and the hours of assistance provided to each heal th care provider or professional in addition to other factors as determined by the Director. (b) In this S ection: "Health care providers or professiona ls" means individuals trained to provide health care or rel ated services. "Health care providers or professionals" i ncludes, but is not limited to, physicians, nurses, physician assistants, speech language pathologists, social workers, and scho ol personnel involved in screening for targeted condi tions and providing support to students impacted by those conditions. "Health care telementoring" means a program: (1) that is based on interactive video or phone technolog y that connects groups of local health care p roviders or professionals in urban and rural underse rved areas with specialists in regular real- time collaborative sessions; (2) that is designed around case-based lea rning and mentorship; and (3 ) that helps local health care providers or professionals gain the expertise required to more effectively provide ne eded services. "Health care telementoring" i ncludes, but is not limited to, a program provided to improve s ervices in one or more of a variety of areas, including, b ut not limited to, chronic disease, communicable disease, atypical vision or hearing, adolescent he alth, Hepatitis C, complex diabetes, geriatrics, mental illness, opioi d use disorders, substance use disorders, maternity care, childhood adversity and trauma, pediatric ADHD, congregate settings, including justice-invol ved justice involved systems, and other priorities ide ntified by the Department.(Source: P.A. 103-588, eff. 6-5-24; revised 9-27-24.) (20 ILCS 2310/2310-731) Sec. 2310-731 2310-730. Diversity in clinical trials. (a) As used in this Section , "underrepresented community" or "underrepresented dem ographic group" means a comm unity or demographic group that is more likely to be hi storically marginalized and less likely to be included in research and clinical trials represented by race, ethnicit y, sex, sexual orientation, socioeconomic status, age, and geographic location. (b) Any State entity or hospital that receives fund ing from the National Institutes of Health for the purpos e of conducting clinical trials of drugs or medical devices is required to: (1) adopt a policy that will result in the identifica tion and recruitment of persons who are members o f underrepresented demographic groups to participate in the clinical trials and that: (A) includes sp ecific strategies for trial enrollment and retention of di verse participants, including, but not limited to, s ite location and access, sustained community engageme nt, and reducing burdens due to trial design or conduct, as appropriate; and (B) uses strategies recommende d by the United States Food and Drug Administration to identify and recruit those persons to participate in t he clinical trials; (2) provide informa tion to trial participants in languages other than English i n accordance with current federal requirements; (3) provide translation services or bilingual staff for trial recruitment and consent processes; (4) provide culturally specific recru itment materials alongside general enrollment materials; and (5) provide remote consent op tions when not prohibited by the granting entity or federal regulations. (c) The D epartment, through voluntary reporting from research insti tutions and in consultation with community-based organizations and other stakeholders as appropriate and available, shall analyze and provide recommendations on the foll owing: (1) the demographi c groups and populations that are currently represented an d underrepresented in clinical trials in Illinois, includin g representation of groups based on their geographic location; (2) the barriers that prevent persons who are members of underrep resented demographic groups from participating in c linical trials in Illinois, inc luding barriers related to transportation; and (3) approaches for how clinical trials can successfully partner with community-based organizat ions and others to provide outreach to underrepresented communities.

By July 1, 2026, the Department shall issue a report and post on its website the results of the analys is required under this subsection and any recommendations to increase diversity and reduce barriers for participants i n clinical trials. (d) The Departm ent shall review the most recent guidance on race and ethnici ty data collection in clinical trials published by the United States Food and Drug Administration and establ ish, using existing infrastructure and tools an Intern et website that: (1) provides information concerning methods recognized by the United States Food and Drug Administration for iden tifying and recruiting persons who are members of un derrepresented demographic groups to participate in clinical trials; and

(2) contains links to Internet we bsites maintained by medical facilities, health autho rities and other local governmental entities, nonprofit organiz ations, and scientific investigators and institu tions that are performing research relating to drugs or medical devices in this State. The Department may apply for grant s from any source, including, without limitation, the Federal Government, to fund the req uirements of this Section.(Source: P.A. 103-860, eff. 1-1-25; revised 12-1-24.) (20 ILCS 23

10/2310-732) Sec. 2310-732

2310-730. Duchenne Muscular Dystrophy Awareness Program. (a) Subject to appropriation, the Department of Public Health, in conjunction with expe rts in the field of Duchenne muscular dystrophy, shall develo p mandatory protocols and best practices for providi ng the necessary medical guidance for Duchenne muscular dy strophy in Illinois. (b) To rai se awareness about Duchenne muscular dystrophy, the protocols and best practices developed by the Department under subsectio n (a): (1) shall be published on a designated and publicly accessible webpage; (2) shall in clude up-to-date information about Duchenn e muscular dystrophy; (3) shall reference peer-reviewed scientific research articles; (4) shall incorporate guidance and reco mmendations from the National Institutes of Health, and a ny other persons or entities determined by the D epartment to have particular expertise in Duchenne muscul ar dystrophy; and (5) sh all be distributed to physicians, other health care professiona ls and providers, and persons subject to Duchenne muscul ar dystrophy. (c) The Depa rtment shall prepare a report of all efforts undertaken by the Department under this Section. The report shall be posted on the Department's website and distributed to local health departments and to any other facilities as determined by the Department. (S ource: P.A. 103-964, eff. 1-1-25; revised 12-1-24.) Section 140. The Bureau for the Blind Act is amended by changing Section 7 as follows: (

20 ILCS 2410/7) (from Ch. 23, par. 3417

) Sec. 7. Council. There shall be created within the Department a Blind Services P lanning Council which shall review the actions of the Bureau for the Blind and provide advice and consultation to the Secretary on services to blind people. The Council shall be co mposed of 11 members appointed by the Governor. All mem bers shall be selected because of their ability to provide wo rthwhile consultation or services to the blind. No fewer t han 6 members shall be blind. A relative balance between the number of males and females shall be maintain ed. Broad representation shall be sought by appointment, with 2 members from each of the major statewide cons umer organizations of the blind and one member from a specif ic service area including, but not limited to, the Hadley Schoo l for the Blind, Chicago Lighthouse, Department-approved Low Vision Aids Aides Clinics, Vending Facilities Operators, the Association for the Education and R ehabilitation of the Blind and Visually Impaired (AER), blind homemakers, outstanding competitiv e employers of blind people, providers and recipients of income maintenance program s, in-home care programs, subsidized housing, nursing homes, and homes for the blind. Initially, 4 members shall be appointed for terms of on e year, 4 for terms of 2 years, and 3 for terms of 3 years with a partial term of 18 m onths or more counting as a full term. Subsequent terms shall be 3 years each. No member shall serve more than 2 terms. No Department emp loyee shall be a member of the Council. Members shall be removed for cause, including, but not limited to, demonstrated incompetence, unethical behavior, and unwillingness or inability to serve.

Members shall serve without pay but shall be reimbursed for actual e xpenses incurred in the performa nce of their duties. Members shall be governed by appropriate and applicable State and federal statutes and regulations on matters such as ethics, confiden tiality, freedom of information, travel, a nd civil rights. Department staff may a ttend meetings but shall not be a voting member of the Council. The Council shall elect a chairperson and a recording secretary from among its number. Sub-committees and ad hoc committees may b e created to concentrate on specific program compon ents or initiative areas. The Council sha ll perform the following functions: (a) Facilitate facilitate communication and cooperative efforts between the Department and all agencies which hav e any responsibility to deliver services to blind and visually impaired persons. (b) Identify identify needs and problems related to blind and visually impaired p ersons, including children, adults, and seniors, an d make recommendations to the Secretary, Bureau Director, and Governor. (c) Recommend recommend programmatic and fiscal priorities governing the prov ision of services and awarding of grants or contracts by the Department to any person or agency, public or private . (d) Co nduct conduct, encourage, and advise independen t research by qualified evaluators to improve services t o blind and visually impaired persons, including those with multiple disabilities. (e) Participate participate in the developme nt and review of proposed and amended rules and regulations of the Department relating to services for the blind and visually impaired. (f) Review review and comment on all budgets (drafted and submitted) relating to services for blind and visually impaired persons. (g) Promote pr omote policies and programs to educate the public and elicit pu blic support for services to blind and visually impaired persons.

(h) Encourage encourage creative and innovative programs to strengthen, expand, and improve services for blind and visually impaired persons, including outrea ch services. (i) Pe rform perform such ot her duties as may be required by the Gov ernor, Secretary, and Bureau Director. The Council shall supersede and replace all advisory committees now functioning within the Bureau of Rehabilitation Services for the Blind, with the exception of federally mandated advisory groups.(S ource: P.A. 99-143, eff. 7-27-15; revised 7-18-24.) Section 145. The Department of Revenue Law of the Civil Administrative Code of Illinois is amended by setting forth and renumbering multiple versions of Section 2505-815 as follows: (20 I

LCS 2505/2505-815) Sec. 2505-815. County Official Compensation Task Forc e. (a) The County Official Compensation Ta sk Force is created to review the compensation of county-level officials as pr ovided for in various State statutes and to make rec ommendations to the General Assembly on any appropriate changes to those statutes, incl uding implementation dates. (b) The member s of the Task Force shall be as follows: (1) the Director of Revenue or the Dir ector's designee, who shall serve as the chair of the Ta sk Force; (2) two re presentatives from a statewide organization that represents chief c ounty assessment officers, with one representative from a co unty with a 2020 population of fewer than 25,000 persons and one representative from a county with a 2020 populatio n of 25,000 or more, to be appointed by the Director of R evenue; (3) two re presentatives from a statewide organization that r epresents county auditors, with one representative from a co unty with a 2020 population of fewer than 25,000 perso ns and one representative from a county with a 2020 pop ulation of 25,000 or more, to be appointed by the Direct or of Revenue; (4) t wo representatives from a statewide organization that represents co unty clerks and recorders, with one representative from a co unty with a 2020 population of fewer than 25,000 persons and one representative from a county with a 2020 populati on of 25,000 or more, to be appointed by the Director of Revenue; (5) two represe ntatives from a statewide organization that represents circ uit clerks, with one representative from a county with a 202 0 population of fewer than 25,000 persons and one represent ative from a county with a 2020 population of 25,000 or mo re, to be appointed by the Chief Justice of the Supreme C ourt; (6) two repr esentatives from a statewide organization that rep resents county treasurers, with one representative from a cou nty with a 2020 population of fewer than 25,0 00 persons and one representative from a county with a 2 020 population of 25,000 or more, to be appointed by the Director of Revenue; (7) four representatives from a statewide organization th at represents county board members, with 2 representatives from counties with a 2020 population of fewer than 25 ,000 persons and 2 representatives from counties with a 202 0 population of 25,000 or more, to be appointed by the Gov ernor; and (8) four members from the G eneral Assembly, with one member appointed by the President of the Senate, one member appointed by the Senate Mino rity Leader, one member appointed by the Speaker of th e House of Representatives, and one member appointed by the House Minority Leader. (c) The Department of Revenue shall provide administrative and othe r support to the Task Force. (d) The Task Force's review shall include, but is not limited to, the f ollowing subjects: (1) a review and comparis on of current statutory provisions and requirements for compensation of county-level officials; (2) the proport ion of salary and related costs borne by State government com pared to local government; (3) job duties, education requirements, and othe r requirements of those serving as county-level officials; and ( 4) current compensation levels for county-level offici als as compared to comparable positions in non-governmen tal positions and comparable positions in other levels of government. (e) On or before September 1, 2024, the Task Force members shall be appointed. On or be fore February 1, 2025, the Task Force shall prepare a status r eport that summarizes its work. The Task Force shall also pre pare a comprehensive report either (i) on or before May 1, 202 5 or (ii) on or before December 31, 2025, if all appointments t o the Task Force are not made by September 1, 2024. The com prehensive report shall summarize the Task Force's findi ngs and make recommendations on the implementation of changes to the compensation of chief county assessment officers, coun ty auditors, county clerks and recor ders, county coroners, county treasurers, and circuit clerks that will ensure compensation is competitive for recruitment and retention and will ensure parity exists among comp ensation levels within each profession, each county, and across the State. (f) The Task Force is dissolved on January 1, 2026.(Source: P .A. 103-592, eff. 6-7-24.) (20 ILCS 2505/2505-816) (Section scheduled to be repealed on December 31, 2026) Sec. 2505-816 2505-815. Property tax system s tudy. The Department, in consultation w ith the Department of Commerce and Economic Opportunity, shall conduct a study to evaluate the property tax system in the State and shall analyze any information collected in con nection with that study. The Department may also examine whether the existing property tax levy, assessment, appe al, and collection process is reasonable and fair and may is sue recommendations to improve that process. For purposes of co nducting the study and analyzing the data required under th is Section, the Department may determine the scope of the historical data necessary to complete the study, but in no event shall the scope or time period be less than the 10 most r ecent tax years for which the Department has comp lete data. The study shall include, but need not be limited to, the following: (1) a comprehensive review of the classification system used by Cook County in assessing real property in Cook Coun ty compared with the rest of the State, including, but no t limited to, a projection of the impact, if any, that the assessment of real property in Cook County would exhibit if th e classification system were to be phased-out and tr ansitioned to a uniform level of assessment, and the impact , if any, that the Cook County classification system has or has had on economic development or job creation i n the county; (2) a co mprehensive review of State laws concerning the appeal of assessments at the local and State level and State laws co ncerning the collection of property taxes, including a ny issues that have resulted in delays in issuing property tax bills; (3) a comprehensive review of statewid e assessment processes, including a comparison of assessme nt process in Cook County and other counties and practices in other states that allo w for standardized assessment processes; (4) a comprehensive review of curr ent property tax homestead exemptions, the impact of those exemptions, and the a dministration or application of those exemptions; (5) an analysis of preferential assessments or incentives, including, but not limited to, the resulta nt economic impact from preferential assessments; and (6) a review of the State's relia nce on property taxes and the historical growth in property tax levies. The Department may consult with Illinois institutions of higher education in conduc ting the study required under this Section. The Depart ment may also consult with units of local government. To t he extent practicable and where applicable, the Department may request relevant, publicly available property tax informati on from units of local government, including counties and munic ipalities, that is deemed necessary to complete the stu dy required pursuant to this Section. Units of local government t hat are required to submit property tax information to the Department must do so in a reasonably expedient manner, to t he extent possible, but in no event later than 60 days a fter the date upon which the Department requests that releva nt information. The Department may compl ete a preliminary report that may be made available for p ublic inspection via electronic means prior to the publicat ion of the final report under this Section. The Department s hall complete and submit the final report under this Section to the Governor and the General Assembly by July 1, 2026. A copy of both the preliminary report, if made available by th e Department, and the final report shall be made available to t he public via electronic means. The Department may allow for the submission of public comments from individuals, organiza tions, or associations representing residential property owne rs, commercial property owners, units of local government, or labor unions in Illinois prior to finalizing the final re port under this Section and after publication of the final re port under this Section. If the Department allows for the submission of public comments, the Department shall publish via electronic means any and all materials submitted to the Department. This Section is repealed on December 31, 2026.(So urce: P.A. 103-1002, eff. 1-1-25; revised 12-1-24.) Section 150. The Illinois State Police Law of the Civil Administrative Code of Illinois is amended by changing Section 2605-51 as follows: (20 ILCS 2605/2605-51) Sec. 2605-51. Division of the Academy and Training. (a) The Division of the Academy a nd Training shall exercise, but not be limited to, the following functions: (1) Oversee and operate the Illinois State Police Tra ining Academy. (2) Train and pr epare new officers for a career in law enforcement, with i nnovative, quality training and educationa l practices. (3) Offer continuing training and educational programs for Illinois State Police employees. (4) Oversee the Illinois State Polic e's recruitment initiatives.

(5) Oversee and operate the Illinois State P olice's quartermaster.

(6) Duties assigned to the Illinois State Police in Article 5, Chap ter 11 of the Illinois Vehicle Code concerning testing and trai ning officers on the detection of impaired driving. (7) Duties assigned to t he Illinois State Police in Article 108B of the Code of Crimina l Procedure. (a-5) Successful com pletion of the Illinois State Police Academy satisfies the minimum standards pursuant to subsections (a), (b), and (d ) of Section 7 of the Illinois Police Training Act and exempts State police officers from the Illinois La w Enforcement Training Standards Board's State Comprehensive Examination and Equivalency Examination. Satisfactory completio n shall be evidenced by a comm ission or certificate issued to the officer. (b) The Division of the Academy and Training shall exercise the rights, powers, and duties vested in the forme r Division of State Troopers by Section 17 of the Illin ois State Police Act. (c) Specialized tr aining. (1) Training; c ultural diversity. The Division of the Academy and Train ing shall provide training and continuing education to S tate police officers concerning cultural diversity, inclu ding sensitivity toward racial and ethnic di fferences. This training and continuing education shall inc lude, but not be limited to, an emphasis on the fac t that the primary purpose of enforcement of the Illino is Vehicle Code is safety and equal and uniform enforcement under the law. (2) Training; death and homicide investigations. The Division of the Academy and Training shall provide trai ning in death and homicide investigation for State police officers. Only State police officers who successfully c omplete the training may be assigned as lead investigator s in death and homicide investigations. Satisfactory c ompletion of the training shall be evidenced by a ce rtificate issued to the officer by the Division of the Academy and Training. The Director shall develop a proces s for waiver applications for officers whos e prior training and experience as homicide investigator s may qualify them for a waiver. The Director ma y issue a waiver, at his or her discretion, based solely on the p rior training and experience of an officer as a homicide investigator. (A) The Division shall req uire all homicide investigator training to in clude instruction on victim-centered, trauma-in formed investigation. This training must be implemente d by July 1, 2023. (B) The Division shall cooperate with t he Division of Criminal Investigation to develop a mode l curriculum on victim-centered, trauma-informe d investigation. This curriculum must be impleme nted by July 1, 2023. ( 3) Training; police dog training standards. All pol ice dogs used by the Illinois State Police for drug enforcement purposes pursuant to the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamph etamine Control and Community Protection Act shall be trained by programs that meet the certification requirement s set by the Director or the Director's designee. Sati sfactory completion of the training shall be evidenced by a certificate issued by the Division of the Academy and Training. (4) Tra ining; post-traumatic stress disorder. The Division of t he Academy and Training shall conduct or approve a trai ning program in post-traumatic stress d isorder for State police officers. The purpose of that train ing shall be to equip State police officers to identify t he symptoms of post-traumatic stress disorder and to respond appropriately to individuals exhibiting th ose symptoms. (5) Train ing; opioid antagonists. The Division of the Academy and Training shall conduct or approve a training program fo r State police officers in the administration of opioid an tagonists as defined in paragraph (1) of subsection (e ) of Section 5-23 of the Substance Use Disorder Act that is in accordance with that Section. As used in this Section, "State police officers" includes full-time or part-time State police officers, investigators, and any other employee of the Illinois State Police exerci sing the powers of a peace officer. (6) Training; sexual assault and sex ual abuse. (A) Every 3 years, the Division of the Academy and Training shall present in-service training on sexual assault and sexual abuse response and report writing training requirements, includ ing, but not limited to, the following: (i) recognizing the symptoms of trauma; (ii) understanding the role trauma has played in a victim' s life; (iii) resp onding to the needs and concerns of a victim; (iv) delivering services in a compassionate, s ensitive, and nonjudgmental manner; (v) interviewing techniques in accordance with the curriculum s tandards in this paragraph (6); (vi ) understanding cultural perceptions and common myths of sex ual assault and sexual abuse; and (vii) report writing techniques in accordance with the curriculum sta ndards in this paragraph (6). (B) This training must also be presented in all full and part-time basic law enforcement academies.

(C) Instructors providing this training shall have successfully completed training on evidence- based, trauma-informed, victim-cente red responses to cases of sexual assault and sexua l abuse and have experience responding to sexual ass ault and sexual abuse cases. (D) The Illinois State Police shall a dopt rules, in consultation with the Office of the Attorney General and the Illinois Law Enforcement Training Standa rds Board, to determine the specific training requirements for these courses, including, bu t not limited to, the following: (i) evidence -based curriculum standards for repor t writing and immediate response to sexual assault and sexual abuse, including trauma-informed, victim-centered inte rview techniques, which have been demonstrate d to minimize retraumatization, for all State p olice officers; and

(ii) evidence-based curri culum standards for trauma-informed, victim-center ed investigation and interviewing techniques, which have be en demonstrated to minimize retraumatization, for cases o f sexual assault and sexual abuse for all State police offi cers who conduct sexual assault and sexual abuse i nvestigations. (7) Training; h uman trafficking. The Division of the Academy and Training shall conduct or approve a training program in the detection and investigation of all forms of human trafficking, inc luding, but not limited to, involuntary servitude under subse ction (b) of Section 10-9 of the Criminal Code of 2 012, involuntary sexual servitude of a minor under subse ction (c) of Section 10-9 of the Criminal Code of 2012, and trafficking in persons under subsection (d) of S ection 10-9 of the Criminal Code of 2012. This progr am shall be made available to all cadets a nd State police officers. (8) Training; hate crimes. The Division of the Aca demy and Training shall provide training for State police officers in identifying, responding to, and reporting all h ate crimes. (9) Train ing; cell phone medical information. The Division of the Academy and Training shall develop and require each State p olice officer to complete training on accessing and utilizing medical info rmation stored in cell phones. The Division may use the program approved under Section 2310-71 1 of the Department of Public Health Powers and Dut ies Law of the Civil Administrative Code of Illinois to dev elop the Division's program. (10) (9) Training; autism spectrum disorders. The Divisio n of the Academy and Training shall provide training for State police officers on the nature of autism spectrum di sorders and in identifying and appropriately responding to individuals with autism spectrum disorders. The Illinois State Police shall review the training curriculum and may consu lt with the Department of Public Health or the Department o f Human Services to update the training curriculum as needed. This training shall be made avai lable to all cadets and State police officers. (d) The Division of the Academy and Training shall administer and conduct a program consistent with 18 U.S.C. 926B and 926C for qua lified active and retired Illinois State Police officers. (Source: P.A. 102-538, eff. 8-20-21; 102-756, eff. 5-10-22; 102-813, eff. 5-13-22; 103-34, eff. 1-1-24; 103-939, eff. 1-1-25; 103-949, eff. 1-1-25; revised 11-26-24.) Se ction 155. The Criminal Identification Act is amended by changing Section 5.2 as follows:

(20 ILCS 2630/5.2)

Sec. 5.2. Expungement, sealing, and immediate sealing. (a) General Provisions. (1) Definitions. In this Act, words a nd phrases have the meanings set forth in this subsection, except when a particular context clearly requires a different meaning. (A) The following terms shall have the meanings ascribed to t hem in the following Sections of the Unified Code of Corrections: Business Offense, Section 5-1-2. Charge, Section 5-1-3. Court, Section 5-1-6. Defendant, Section 5-1-7. Felony, Section 5-1-9. Imprisonment, Section 5-1-10. Judgment, Section 5-1-12. Misdemeanor, Section 5-1-14. Offense, Section 5-1-15. Parole, Section 5-1-16. Petty Offense, Section 5-1-17. Probation, Section 5-1-18. Sentence, Section 5-1-19. Supervision, S ection 5-1-21. Victim, Section 5-1-22.

(B) As used in this Sect ion, "charge not initiated by arrest" means a charge (as define d by Section 5-1-3 of the Unified Cod e of Corrections) brought against a defendant where t he defendant is not arrested prior to or as a d irect result of the charge. (C) "Conviction" means a judgment of conviction or sentence entered upon a plea of gui lty or upon a verdict or finding of guilty of an offens e, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. An order of supervision su ccessfully completed by the petitioner is not a conviction. An order of qualified probation (as d efined in subsection (a)(1)(J)) successfully complet ed by the petitioner is not a conviction. An order of supervision or an order of qualified probation that is terminated unsatisfactorily is a conviction, unless the unsatisfactory termination is reversed, v acated, or modified and the judgment of conviction, i f any, is reversed or vacated. (D) "Criminal offense" means a petty offense, business offense, misdemeanor, felony, or municipal ordina nce violation (as defined in subsection (a)(1)(H )). As used in this Section, a minor traffic offens e (as defined in subsection (a)(1)(G)) shall not be c onsidered a criminal offense. (E) "Expunge" means to physically d estroy the records or return them to the petitioner an d to obliterate the petitioner's name from an y official index or public record, or both. Nothing in this Act shall require the physical destruction of t he circuit court file, but such records relating to arrests or charges, or both, ordered expun ged shall be impounded as required by subsections (d)(9)(A)(ii) and (d)(9)(B)(ii). (F) As used in this Section, "last sentence" means the sentence, order of supervisi on, or order of qualified probation (as define d by subsection (a)(1)(J)), for a criminal offens e (as defined by subsection (a)(1)(D)) that terminate s last in time in any jurisdiction, regardless of whe ther the petitioner has included the criminal offense for which the sentence or order of supervisi on or qualified probation was imposed in his or her petition. If mul tiple sentences, orders of supervision, or orders of qualified probation terminate on the same day and are last in time, they shall be collectively considered the " last sentence" regardless of whether they were ordered to r un concurrently. (G) "Mino r traffic offense" means a petty offense, busi ness offense, or Class C misdemeanor under the Illi nois Vehicle Code or a similar provision of a munici pal or local ordinance.

(G-5) "Minor Cannabis Offense" me ans a violation of Section 4 or 5 of the Cannabis Cont rol Act concerning not more than 30 grams of any substa nce containing cannabis, provided the violation did not include a penalty enhancement under Section 7 of the Cannabis Control Act and is not associated with an arrest, conviction or oth er disposition for a violent crime as defined in sub section (c) of Section 3 of the Rights of Crime Victi ms and Witnesses Act. (H) "Municipal ordinance violation" means an offens e defined by a municipal or local ordinance that i s criminal in nature and with which the petitione r was charged or for which the petitioner was arrested a nd released without charging. (I) "Petitioner" means an adult or a minor prosecuted as an adult who has applied for relief under this Section. (J) "Qual ified probation" means an order of probation under Section 10 of the Cannabis Control Act, Section 410 o f the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 or 5-6-3. 4 of the Unified Code of Corrections, Section 12-4.3(b) (1) and (2) of the Criminal Code of 1961 (as those p rovisions existed before their deletion by Publi c Act 89-313), Section 10-102 of the Illin ois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Substance Use Disorder Act, or Section 10 of the Steroid Control Act. For the purpose of this Section, "successful completion" of an order of qualified probation u nder Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act and Section 40-10 of the Substance Use Disorder Act means that the prob ation was terminated satisfactorily and the judgment o f conviction was vacated. (K) "Seal" means to physically and elect ronically maintain the records, unless the records would otherwise be destroyed due to age, but to make the records unavailable without a court order, subje ct to the exceptions in Sections 12 and 13 of this Act. The petitioner's name shall also b e obliterated from the official index required to be kept b y the circuit court clerk under Section 16 of the Clerks of Courts Act, but any index issued by the c ircuit court clerk before the entry of the order to seal shall not be affected. (L) "Sexual offense committed a gainst a minor" includes, but is not limited to, the offenses of indecent solicitation of a child or crimi nal sexual abuse when the victim of such offense is under 18 years of age. (M) "Terminate" as it relates to a sentence or order of s upervision or qualified probation includes either satisfact ory or unsatisfactory termination of the sentence, unless otherwise specified in this Section. A sentence is t erminated notwithstanding any outstanding financial leg al obligation. (2) Mi nor Traffic Offenses. Orders of supervision or convictions for m inor traffic offenses shall not affect a petitioner's eli gibility to expunge or seal records pursuant to this Sec tion. (2.5) Commencing 180 days after July 29, 2016 (the effective date of Public Act 99-697), the law enforcement agency issuing th e citation shall automatically expunge, on or before Janua ry 1 and July 1 of each year, the law enforcement reco rds of a person found to have committed a civil law violati on of subsection (a) of Section 4 of the Cannabis Contro l Act or subsection (c) of Section 3.5 of the Drug Pa raphernalia Control Act in the law enforcement agency's possession or control and which contains the final satis factory disposition which pertain to the person issued a ci tation for that offense. The law enforcement agency shall provide by rule the process for access, review, and to confirm the automatic expungement by the law enforcement agency issuin g the citation. Commencing 180 days after July 29, 2016 (the effective date of Public Act 99-697), the clerk of the circuit court shall expunge, upon order of th e court, or in the absence of a court order on or before January 1 and July 1 of each year, the court records of a p erson found in the circuit court to have committed a civil law violation of subsection (a) of Section 4 of the Cannabis Control Act or subsection (c) of Section 3.5 of the Drug Parap hernalia Control Act in the clerk's possession or control and which co ntains the final satisfactory disposition which pertain to the person iss ued a citation for any of those offenses. (3) Exclusions. Except as otherwise pr ovided in subsections (b)(5), (b)(6), (b)(8), (e), (e -5), and (e-6) of this Section, the cou rt shall not order:

(A) the sealing or expungement of the recor ds of arrests or charges not initiated by arrest that r esult in an order of supervision for or conviction of: (i) any sexual offense committed against a mino r; (ii) Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance; or ( iii) Section 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, unles s the arrest or charge is for a misdemeanor violation of subsec tion (a) of Section 11-503 or a similar provision of a local or dinance, that occurred prior to the offender reaching the age o f 25 years and the offender has no other conviction for violating Section 11-501 or 11-503 of the Illinois Vehicle Code or a similar provi sion of a local ordinance. (B) the sealing or expungement of record s of minor traffic offenses (as defined in subsection ( a)(1)(G)), unless the petitioner was ar rested and released without charging.

(C) the sealing of the records of arrests or charges not initiated by arrest w hich result in an order of supervision or a conviction for the following offenses: (i) offenses included in Artic le 11 of the Criminal Code of 1961 or the Criminal Code of 2012 or a similar provision of a local ordinance, except Section 11-14 a nd a misdemeanor violation of Section 11-30 of the Crimi nal Code of 1961 or the Criminal Code of 2012, or a similar provision of a local ordinance; (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, 26-5, o r 48-1 of the Criminal Code of 1961 or the C riminal Code of 2012, or a similar provision of a local ordinance; (iii) Sect ion 12-3.1 or 12-3.2 of the Criminal Code of 1961 o r the Criminal Code of 2012, or Section 125 of the Stalking No Contact Order Act, or Section 219 of the Civil No Contact Order Act, or a similar provision of a local ordinance; (iv) Class A mis demeanors or felony offenses under the Humane Care for Animals Act; or

(v) any offense or attempted offense th at would subject a person to registration under the Sex Of fender Registration Act. (D) (blank). (b ) Expungement. (1) A pe titioner may petition the circuit court to expunge the rec ords of his or her arrests and charges not initiated by ar rest when each arrest or charge not initiated by arrest sou ght to be expunged resulted in: (i) acquittal, dism issal, or the petitioner's release without charging, un less excluded by subsection (a)(3)(B); (ii) a convictio n which was vacated or reversed, unless excluded by subs ection (a)(3)(B); (iii) an order of supervision and such supervision wa s successfully completed by the petitioner, unless exclu ded by subsection (a)(3)(A) or (a)(3)(B); or (iv) an orde r of qualified probation (as defined in subsection (a)(1)(J )) and such probation was successfully completed by th e petitioner. (1.5) Wh en a petitioner seeks to have a record of arrest expunged u nder this Section, and the offender has been convicted of a criminal offense, the St ate's Attorney may object to the expungement on the grounds that the records contain specific relevant information aside from the mere fact of the arrest. (2) Time frame for filing a pet ition to expunge.

(A) When the arrest or charge not ini tiated by arrest sought to be expunged resulted in an acquittal, dism issal, the petitioner's release without charging, or the revers al or vacation of a conviction, there is no waitin g period to petition for the expungement of such records. (A-5) In anticipation of the successful completion of a problem-solving court, pre-plea diversion, or post-plea diversion program, a petition for expungement may be filed 61 days bef ore the anticipated dismissal of the case or any time thereafter. Upon successful c ompletion of the program and dismissal of the case, the cou rt shall review the petition of the person graduating from the program and shall grant expungement if the pe titioner meets all requirements as specified in any applicable stat ute. (B) When the arre st or charge not initiated by arrest sought to be expunged res ulted in an order of supervision, successfully completed by th e petitioner, the following time frames will apply:

(i) Those arrests or charges that resulted in orders of supervision under Section 3-707, 3-708, 3-71 0, or 5-401.3 of the Illinois Vehicle Cod e or a similar provision of a local ordinance, or under Section 11-1.50, 12-3.2, or 12-15 of the Criminal Code of 1961 or the Criminal Code of 201 2, or a similar provision of a local ordina nce, shall not be eligible for expungement until 5 year s have passed following the satisfactory terminat ion of the supervision. (i-5) Those arrest s or charges that resulted in orders of supervi sion for a misdemeanor violation of subsection (a) of Section 11-503 of the Illinois Vehicle Code or a s imilar provision of a local ordinance, that occu rred prior to the offender reaching the age of 25 years and the offender h as no other conviction for violating Section 11-501 or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance shall not be eligibl e for expungement until the petitioner has reache d the age of 25 years. (ii) Those arrests or charges that resulted in orders of supervision for any other offe nses shall not be eligible for expungement until 2 years have passed following the satisfactory termin ation of the supervision. (C) When the arrest or charge not initiated by arrest sou ght to be expunged resulted in an order of qualified prob ation, successfully completed by the petitioner, such rec ords shall not be eligible for expungement until 5 years hav e passed following the satisfactory termination of the pr obation. (3) Those records maintained by the Illinois State Police for per sons arrested prior to their 17th birthday shall be e xpunged as provided in Section 5-915 of the Juvenile Court Act of 1987. (4 ) Whenever a person has been arrested for or convicted of a ny offense, in the name of a person whose identity he or s he has stolen or otherwise come into possession of, the a ggrieved person from whom the identity was stolen or oth erwise obtained without authorization, upon learning of th e person having been arrested using his or her identi ty, may, upon verified petition to the chief judge of th e circuit wherein the arrest was made, have a court order entered nunc pro tunc by the Chief Judge to correct the arrest record, conviction record, if any, and all off icial records of the arresting authority, the Illinoi s State Police, other criminal justice agencies, the prosecutor, and the trial court concerning such arrest, if any, by removing his or her name from all such records i n connection with the arrest and conviction, if a ny, and by inserting in the records the name of the offen der, if known or ascertainable, in lieu of the aggrieved's name. The records of the circuit court clerk shall b e sealed until further order of the court upon good cause shown and the name of the aggrieved person obliterated o n the official index required to be kept by the cir cuit court clerk under Section 16 of the Clerks of Cou rts Act, but the order shall not affect any index issued by t he circuit court clerk before the entry of the order. Nothi ng in this Section shall limit the Illinois State Po lice or other criminal justice agencies or prosecutors from listing under an offender's name the false names h e or she has used. (5) Whenever a person has been convicted of criminal s exual assault, aggravated criminal sexual assault, predator y criminal sexual assault of a child, criminal sexual ab use, or aggravated criminal sexual abuse, the victim of th at offense may request that the State's Attorney of the county in which the conviction occurred file a verified p etition with the presiding trial judge at the petitioner's trial to have a court order entered to seal the records of the circuit court clerk in connection with the proceed ings of the trial court concerning that offense. Howeve r, the records of the arresting authority and the Illinois State Polic e concerning the offense shall not be sealed. The court , upon good cause shown, shall make the records of the circ uit court clerk in connection with the proceedings of the trial court concerning the offense available for public inspection. (6) If a co nviction has been set aside on direct review or on collateral attack and the court determines by clear and co nvincing evidence that the petitioner was factually innocent of the ch arge, the court that finds the petitioner factually innocent of the charge shall enter an expungement o rder for the conviction for which the petitioner has bee n determined to be innocent as provided in subsection (b) o f Section 5-5-4 of the Unified Code of C orrections. (7) Nothing in this Section shall prevent the Illinois State Polic e from maintaining all records of any person who is ad mitted to probation upon terms and conditions and who fulfills those terms and conditions pursuant to Section 10 of the Cannabis Cont rol Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Communit y Protection Act, Section 5-6-3.3 or 5-6- 3.4 of the Unified Code of Corrections, Section 12-4.3 or subdivision (b)(1) of Section 12- 3.05 of the Criminal Code of 1961 or the Criminal Code of 2 012, Section 10-102 of the Illinois Alcoholism and Oth er Drug Dependency Act, Section 40-10 of the S ubstance Use Disorder Act, or Section 10 of the St eroid Control Act. (8) I f the petitioner has been granted a certificate of innocence unde r Section 2-702 of the Code of Civil Procedure, the cou rt that grants the certificate of innocenc e shall also enter an order expunging the conviction for whic h the petitioner has been determined to be innocent a s provided in subsection (h) of Section 2-702 of the Code of Civil Procedure. (c) Sealing. (1) Applic ability. Notwithstanding any other provision of this Act to the contrary, and cumulative with any rights to expungement of criminal records, this subsection authorizes the sealing of criminal records of adults and of minors prosecuted as ad ults. Subsection (g) of this Section pr ovides for immediate sealing of certain records. (2) Eligible Records. The fo llowing records may be sealed: (A) All arrests resulting in release with out charging; (B) Arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the con viction was reversed or vacated, except as exclud ed by subsection (a)(3)(B); (C) Arrests or charges not initiated by arrest res ulting in orders of supervision, including orders o f supervision for municipal ordinance violations, s uccessfully completed by the petitioner, unless excluded by subsection (a)(3); (D) Arrests or charges not initiated by a rrest resulting in convictions, including convictions o n municipal ordinance violations, unless excluded by s ubsection (a)(3);

(E) Arrests or charges not initiated by arrest result ing in orders of first offender probation unde r Section 10 of the Cannabis Control Act, Section 410 of th e Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Prot ection Act, or Section 5-6-3.3 of the Unified Code of Corrections; and (F) Arrests or charges not initiated by arrest resulting in felony convict ions unless otherwise excluded by subsection (a) para graph (3) of this Section. (3) When Records Are Eligible to Be Sealed. Records identified as eligible under subsection (c)(2) may be sealed as follows: (A) Records identified as eligible under subsections (c)(2)(A) and (c)(2)(B ) may be sealed at any time. (B) Ex cept as otherwise provided in subparagraph (E) of this paragr aph (3), records identified as eligible under sub section (c)(2)(C) may be sealed 2 years after the ter mination of petitioner's last sentence (as defined in subsection (a)(1)(F)). (C) Except as otherwise provided in s ubparagraph (E) of this paragraph (3), records identif ied as eligible under subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be sealed 3 years after the term ination of the petitioner's last sentence (as defined in subsection (a)(1)(F)). Convictions requiring public registr ation under the Arsonist Registry Act, the Sex Of fender Registration Act, or the Murderer and Violent O ffender Against Youth Registration Act may not be sealed un til the petitioner is no longer required to register under that relevant Act. (D) Records identified in sub section (a)(3)(A)(iii) may be sealed after the petitio ner has reached the age of 25 years. (E) Records identifie d as eligible under subsection (c)(2)(C), (c)(2)(D) , (c)(2)(E), or (c)(2)(F) may be sealed upon termina tion of the petitioner's last sentence if the petition er earned a high school diploma, associate's degr ee, career certificate, vocational technical certifica tion, or bachelor's degree, or passed the high scho ol level Test of General Educational Development , during the period of his or her sentence or mandatory supervised release. This subparagraph shall ap ply only to a petitioner who has not completed the sam e educational goal prior to the period of his or her sentence or mandatory supervised release. If a petition for sealing eligible rec ords filed under this subparagraph is denied by the court, the time periods under subparagraph (B) or (C) shal l apply to any subsequent petition for sealing filed by the petitioner. (4) Subsequent felony convictions. A person may not have subsequent felony conviction records sealed as provi ded in this subsection (c) if he or she is convicted of any felony offense after the dat e of the sealing of prior felony convictions as provided in t his subsection (c). The court may, upon conviction for a subsequent felony offense, order the unsealing of prior fe lony conviction records previously ordered sealed by the court. (5) Notice of eligibility for sealing. Upon entry of a disposit ion for an eligible record under this subsection (c), the petitioner shall be informed by the court of the right to have the records sea led and the procedures for the sealing of the records. (d) Procedure. The following p rocedures apply to expungement under subsections (b ), (e), and (e-6) and sealing under subsections (c) and (e-5): ( 1) Filing the petition. Upon becoming eligible to peti tion for the expungement or sealing of records under this S ection, the petitioner shall file a petition requesting the expungement or sealing of records with the clerk of the court where the arrests occurred or the charges were brought, or both. If arrests occurred or char ges were brought in multiple jurisdictions, a p etition must be filed in each such jurisdiction. The petitio ner shall pay the applicable fee, except no fee shall be requi red if the petitioner has obtained a court order wai ving fees under Supreme Court Rule 298 or it is otherw ise waived. (1.5) Count y fee waiver pilot program. From August 9, 2019 (the e ffective date of Public Act 101-306) through Decem ber 31, 2020, in a county of 3,000,000 or more inhabitan ts, no fee shall be required to be paid by a petitioner if the records sought to be expunged or sealed were arre sts resulting in release without charging or arrests or c harges not initiated by arrest resultin g in acquittal, dismissal, or conviction when the conv iction was reversed or vacated, unless excluded by subsect ion (a)(3)(B). The provisions of this paragraph (1.5), oth er than this sentence, are inoperative on and after Janua ry 1, 2022. (2) Conten ts of petition. The petition shall be verified and shall co ntain the petitioner's name, date of birth, current addres s and, for each arrest or charge not initiated by arres t sought to be sealed or expunged, the case number , the date of arrest (if any), the identity of the arrest ing authority, and such other information as the court may require. During the pendency of the proceeding, the petitioner shall promptly notify the circuit court clerk of any chang e of his or her address. If the petitioner has received a certificate of eligibility for sealing f rom the Prisoner Review Board under paragraph (10) of s ubsection (a) of Section 3-3-2 of the Unified Code of Corrections, the certificate shall be attached to the petition. (3) Dru g test. The petitioner must attach to the petition proof that the petitioner has taken within 30 days before the filin g of the petition a test showing the absence within his or her body of all illegal substa nces as defined by the Illinois Controlled Substances Act a nd the Methamphetamine Control and Commu nity Protection Act if he or she is petitioning to: (A) seal felony records under clause (c)(2 )(E); (B) seal felony records for a violation of the Illin ois Controlled Substances Act, the Methamphetamine Con trol and Community Protection Act, or the Cannabis Control Act u nder clause (c)(2)(F); (C) seal felony records under subsection (e-5); or

(D) expunge felony record s of a qualified probation under clause (b)(1)(iv). (4) Service of petition. The circuit court clerk shall promptly serve a copy of the pe tition and documentation to support the petition under subsection (e-5) or (e-6) on the State's Attorney or pr osecutor charged with the duty of prosecuting the offense, th e Illinois State Police, the arresting agency and the chief legal officer of the unit of local government e ffecting the arrest.

(5) Objections. (A) Any party entitled to notice of the pet ition may file an objection to the petition. All object ions shall be in writing, shall be filed with the circuit court clerk, an d shall state with specificity the basis of the objection. W henever a person who has been convicted of an offense i s granted a pardon by the Governor which sp ecifically authorizes expungement, an objection to the petition may not be filed. (B) Objections to a petition to expun ge or seal must be filed within 60 days of the date of service of the petition. (6) Entry of order. (A) The Chief Judge of the circuit wherein the charge was brought, any judge of th at circuit designated by the Chief Judge, or in counties of les s than 3,000,000 inhabitants, the presiding trial ju dge at the petitioner's trial, if any, shall rule on th e petition to expunge or seal as set forth in this subsection (d)(6). (B) Unless the State's Attorney or prosecutor, the Illinois State Police, the arresting agency, or the chief legal offi cer files an objection to the petition to expunge or s eal within 60 days from the date of service of the pet ition, the court shall enter an order granting or denyi ng the petition. (C) Notwithstanding any other provision of law , the court shall not deny a petition for sealing un der this Section because the petitioner has not sat isfied an outstanding legal financial obligation estab lished, imposed, or originated by a court, law enforcement agency, or a municipal, State, county, or other unit of local government, including, but not limited to, any cost, assessment, fine, or fee. An outstanding le gal financial obligation does not include any court ordered restitution to a victim under Section 5-5-6 of the Unified Code of Corrections, u nless the restitution has been converted to a civil judgment. Nothing i n this subparagraph (C) waives, rescinds, or abrogates a leg al financial obligation or otherwise eliminates or affe cts the right of the holder of any financial o bligation to pursue collection under applicable federa l, State, or local law. (D) Notwithstanding any other provis ion of law, the court shall not deny a petition to expunge or seal under this Section because the pet itioner has submitted a drug test taken within 30 days before the fil ing of the petition to expunge or seal that indicates a positive test for the presence of cannabis within the pet itioner's body. In this subparagraph (D), "cannabis" has t he meaning ascribed to it in Section 3 of the Cannabis Con trol Act. (7) Hearin gs. If an objection is filed, the court shall set a date fo r a hearing and notify the petitioner and all parties ent itled to notice of the petition of the hearing date at least 30 days prior to the hearing. Prior to the hearing, the State's Attorney shall consult with the Illinois Stat e Police as to the appropriateness of the relief sought in the petition to expunge or seal. At the hearing, t he court shall hear evidence on whether the petition should or should not be granted, and shall grant or deny the petition to expunge or seal the records based on the evidenc e presented at the hearing. The court may consider t he following: (A) the strength of the evidence supporting the defendant's co nviction; (B) the reasons for retention of the conviction records by th e State; (C) the petitioner's age, crim inal record history, and employment history; (D) the period of time between the petitioner's arres t on the charge resulting in the conviction and the fil ing of the petition under this Section; and (E) the specific adverse c onsequences the petitioner may be subject to if the pet ition is denied. (8) S ervice of order. After entering an order to expunge or seal records, the court must provide copies of the order to the Illinois State Police, in a form and manner pre scribed by the Illinois State Police, to the petitioner, to the State's Attorney or pro secutor charged with the duty of prosecuting the offense, to the arresting agency, to the chief legal officer of the unit of local government effecting the arrest, and to such other criminal justice agencies as may be ordered by the court.

(9) Implementation of order. (A) Upon entry of an order to e xpunge records pursuant to subsection (b)(2)(A) or ( b)(2)(B)(ii), or both: (i) the records shall be expu nged (as defined in subsection (a)(1)(E)) by the arresting agency, the Illinois St ate Police, and any other agency as ordered by the court, with in 60 days of the date of service of the order , unless a motion to vacate, modify, or reconsid er the order is filed pursuant to paragraph ( 12) of subsection (d) of this Section; (ii) the re cords of the circuit court clerk shall be impounded until further order of the court upon good cause s hown and the name of the petition er obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerk s of Courts Act, but the order shall not affect an y index issued by the circuit court clerk before the entry of the order; and (iii) in response to an in quiry for expunged records, the court, the Illinois S tate Police, or the agency receivin g such inquiry, shall reply as it does in response to inquiries when no records ever existed. (B) Upon entry of an ord er to expunge records pursuant to subsection (b)(2)( B)(i) or (b)(2)(C), or both: (i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arres ting agency and any other agency as ordered by the court, with in 60 days of the date of service of the order , unless a motion to vacate, modify, or reconsid er the order is filed pursuant to paragraph ( 12) of subsection (d) of this Section; (ii) the re cords of the circuit court clerk shall be impounded until further order of the court upon good cause shown and the name of the peti tioner obliterated on the official index required to be kept b y the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not af fect any index issued by the circuit court clerk before the entry of the order; (iii) the records shall be impou nded by the Illinois State Police within 60 days of the date of service of the order as ordered by the court, un less a motion to vacate, modify, or reconsider the order is filed pursuant to paragraph (12) of su bsection (d) of this Section; (iv) records impou nded by the Illinois State Police may be dis seminated by the Illinois State Police only as required by law or to the arres ting authority, the State's Attorney, and the court upon a later arrest for the same or a similar offense or for t he purpose of sentencing for any subsequent felony , and to the Department of Corrections upon convi ction for any offense; and (v) in response to an inquiry for such records from anyone not authorized by law to access such records, the court, the Illinois State Police, or the agency receiving such inquiry shall reply as it does in r esponse to inquiries when no records ever existed . (B-5) Upon entry of an order to expunge records u nder subsection (e-6): (i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arresting agency and any other agency as ordered by the court , within 60 days of the date of service of the order, unless a motion to vacate, modify, or re consider the order is filed under paragraph ( 12) of subsection (d) of this Section; (ii) the re cords of the circuit court clerk shall be impounded until further order of the court upon good cause shown and the name of the peti tioner obliterated on the official index required to be kept b y the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not af fect any index issued by the circuit court clerk before the entry of the order; (iii) the records shall be impounded by the Illinois State Police within 60 days of the d ate of service of the order as ordered by the cou rt, unless a motion to vacate, modify, or reconside r the order is filed under paragraph (12) of su bsection (d) of this Section; (iv) records impou nded by the Illinois State Police may be dis seminated by the Illinois State Police only as required by law or to the arres ting authority, the State's Attorney, and the court upon a later arrest for the same or a similar offen se or for the purpose of sentencing for any subseq uent felony, and to the Department of Corrections upon conviction for any offense; and (v) in response to an inquiry for these records from anyone not authorized by l aw to access the records, the court, the Illinois State Police, or the agency receiving the inquiry shall r eply as it does in response to inquiries when no rec ords ever existed. (C) Upon entry of an order to seal records under subsection (c), the arresting agency, any oth er agency as ordered by the court, the Illinois Sta te Police, and the court shall seal the records (a s defined in subsection (a)(1)(K)). In response to an inquiry for such records, from anyone not authorized by la w to access such records, the court, the Illinois Sta te Police, or the agency receiving such inquiry shall r eply as it does in response to inquiries when no records ever existed. (D) The Illinois State Police shall send writt en notice to the petitioner of its compliance with each order to expunge or seal records within 60 days of the date of service of that order or, if a motion to vacate, modify, or reconsider is filed, wi thin 60 days of service of the order resolving the m otion, if that order requires the Illinois State Polic e to expunge or seal records. In the event of an appeal from the circuit court order, the Illinois Stat e Police shall send written notice to the petitioner of its compliance with an Appellate Court or Supreme Court judg ment to expunge or seal records within 60 days of the issuance of the court's mandate. The notice is not re quired while any motion to vacate, modify, or reconsider, or any appeal or petition for discretio nary appellate review, is pending. (E) Upon motion, t he court may order that a sealed judgment or other c ourt record necessary to demonstrate the amount of an y legal financial obligation due and owing be made avai lable for the limited purpose of collecting any legal financial obligations owed by the petitioner that were established, imposed, or originated in the criminal p roceeding for which those records have been sealed. The re cords made available under this subparagraph (E) shal l not be entered into the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act and shall be immediately re-impounded upon the collection of the outsta nding financial obligations. (F) Notwithstanding any other provision of this Section, a circui t court clerk may access a sealed record for the limited p urpose of collecting payment for any legal financial oblig ations that were established, imposed, or originated i n the criminal proceedings for which those records have bee n sealed. (10) Fees . The Illinois State Police may charge the petitioner a fee equivalent to the cost of processing any order to exp unge or seal records. Notwithstanding any provision of the Clerks of Courts Act to the contrary, the circuit court cle rk may charge a fee equivalent to the cost associated wi th the sealing or expungement of records by the c ircuit court clerk. From the total filing fee collected for the petition to seal or expunge, the circuit court clerk shall deposit $10 into the Circuit Court Clerk Op eration and Administrative Fund, to be used to offset th e costs incurred by the circuit court clerk in performing the additional duties required to serve the petition to seal or expunge on all parties. The circuit court clerk shall collect and remit the Illinois State Police portion of the fee to the State T reasurer and it shall be deposited in the State Police S ervices Fund. If the record brought under an expungement petition was previously sealed under this Section, the fee for the expungement petition for that same record s hall be waived. (11) Final Or der. No court order issued under the expungement or sealin g provisions of this Section shall become final for purpo ses of appeal until 30 days after service of the order on the petitioner and all parties entitled to notice of th e petition. (12) Motion to Vacate, Modify, or Reconsider. Under Section 2-1 203 of the Code of Civil Procedure, the petitioner or a ny party entitled to notice may file a motion to vacate , modify, or reconsider the order granting or denying the peti tion to expunge or seal within 60 days of service of th e order. If filed more than 60 days after service of the or der, a petition to vacate, modify, or reconsider shall comply with subsection (c) of Section 2-1401 of the Code of Ci vil Procedure. Upon filing of a motion to vacate, mo dify, or reconsider, notice of the motion shall be served upon the petitioner and all parties entitled to notice o f the petition. ( 13) Effect of Order. An order granting a petition unde r the expungement or sealing provisions of this Section shall not be considered void because it fails to comply with the provisions of this Section or because of any error asserted in a motion to vacate, modify, or reconsider. The circuit court retains jurisdiction to determine whether the order is voidable and to vacate, modify, or reconsider its te rms based on a motion filed under paragraph (12) of this su bsection (d). (14) Compl iance with Order Granting Petition to Seal Records. Unle ss a court has entered a stay of an order granting a pet ition to seal, all parties entitled to notice of t he petition must fully comply with the terms of the or der within 60 days of service of the order even if a party is seeking relief from the order through a motion filed under paragraph (12) of this subsection (d) or is appea ling the order. (15) Com pliance with Order Granting Petition to Expunge Recor ds. While a party is seeking relief from the order gra nting the petition to expunge through a motion filed under paragraph (12) of this subsection (d) or is appealing the order, and unless a court has ente red a stay of that order, the parties entitled to notice of t he petition must seal, but need not expunge, the records unti l there is a final order on the motion for relief or, in the cas e of an appeal, the issuance of that court's mandate. (16) The changes to this subsection (d) made by Public Act 98-163 apply to all petitions pending on August 5, 2013 (t he effective date of Public Act 98-163) and to al l orders ruling on a petition to expunge or seal on or after A ugust 5, 2013 (the effective date of Public Act 98-163 ). (e) Whenever a person who h as been convicted of an offense is granted a pardon by the Gov ernor which specifically authorizes expungement, he or she ma y, upon verified petition to the Chief Judge of the circuit whe re the person had been convicted, any judge of the circuit des ignated by the Chief Judge, or in counties of less than 3,00 0,000 inhabitants, the presiding trial judge at the defendant' s trial, have a court order entered expunging the record of arr est from the official records of the arresting authority and order that the records of the circuit court clerk and the Illinois State Police be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the defendant obliterated from the official inde x requested to be kept by the circuit court clerk under S ection 16 of the Clerks of Courts Act in connection with t he arrest and conviction for the offense for which he or s he had been pardoned but the order shall not affect any inde x issued by the circuit court clerk before the entry of t he order. All records sealed by the Illinois State Police may b e disseminated by the Illinois State Police only to the arrest ing authority, the State's Attorney, and the court upon a later arrest for the same or similar offense or for th e purpose of sentencing for any subsequent felony. Upon convict ion for any subsequent offense, the Department of Corrections shall have access to all sealed records of t he Illinois State Police pertaining to that individual. Upon en try of the order of expungement, the circuit court clerk shall promptly mail a copy of the order to the person who w as pardoned. (e-5) Whenever a person w ho has been convicted of an offense is granted a certifica te of eligibility for sealing by the Prisoner Review Board which specifically authorizes sealing, he or she may, upon verified petition to the Chief Judge of the circuit where the person had been convicted, any judge of the circuit designate d by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the petitioner's tr ial, have a court order entered sealing the record of arre st from the official records of the arresting authority and order that the records of the circuit court clerk and the Illinois State Police be sealed until further order of the c ourt upon good cause shown or as otherwise provided h erein, and the name of the petitioner obliterated from the offi cial index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in con nection with the arrest and conviction for the offense for whi ch he or she had been granted the certificate but the orde r shall not affect any index issued by the circuit court clerk before the entry of the order. All records sealed by th e Illinois State Police may be disseminated by the Illinois St ate Police only as required by this Act or to the arresting a uthority, a law enforcement agency, the State's Attorney, and the court upon a later arrest for the same or similar offense or for the purpose of sentencing for any subsequent fel ony. Upon conviction for any subsequent offense, the Depart ment of Corrections shall have access to all sealed records of the Illinois State Police pertaining to that individual. Upon entry of the order of sealing, the circuit court clerk shall promptly mail a copy of the o rder to the person who was granted the certificate of eligibil ity for sealing. (e-6) Whenever a p erson who has been convicted of an offense is granted a cert ificate of eligibility for expungement by the Prisoner Review Board which specifically authorizes expungement, he or she may , upon verified petition to the Chief Judge of the circuit wher e the person had been convicted, any judge of the circuit desi gnated by the Chief Judge, or in counties of less than 3,000 ,000 inhabitants, the presiding trial judge at the petitioner' s trial, have a court order entered expunging the rec ord of arrest from the official records of the arresting author ity and order that the records of the circuit court clerk and t he Illinois State Police be sealed until further order of the c ourt upon good cause shown or as otherwise provided h erein, and the name of the petitioner obliterated from the offi cial index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in con nection with the arrest and conviction for the offense for whi ch he or she had been granted the certificate but the orde r shall not affect any index issued by the circuit court clerk before the entry of the order. All records sealed by th e Illinois State Police may be disseminated by the Illinois St ate Police only as required by this Act or to the arresting a uthority, a law enforcement agency, the State's Attorney, an d the court upon a later arrest for the same or similar of fense or for the purpose of sentencing for any subsequent f elony. Upon conviction for any subsequent offense, the Departmen t of Corrections shall have access to all expunged records of the Illinois State Police pertaining to that individual. U pon entry of the order of expungement, the circuit court clerk shall promptly mail a copy of the order to the person who w as granted the certificate of eligibility for expungement.

(f) Subject to available funding, t he Illinois Department of Corrections shall conduct a s tudy of the impact of sealing, especially on employment and r ecidivism rates, utilizing a random sample of those who app ly for the sealing of their criminal records under Public Act 93-211. At the request of the Illinois Departm ent of Corrections, records of the Illinois Department of Emp loyment Security shall be utilized as appropriat e to assist in the study. The study shall not disclo se any data in a manner that would allow the identification o f any particular individual or employing unit. The st udy shall be made available to the General Assembly no late r than September 1, 2010. (g) Immediat e Sealing. (1) Applicability. Notwithstanding an y other provision of this Act to the contrary, and cumulative with any rights to expungement or sealing of crimi nal records, this subsection authorizes the immediate s ealing of criminal records of adults and of minors prosecut ed as adults. (2) Eligible R ecords. Arrests or charges not initiated by arrest resultin g in acquittal or dismissal with prejudice, except as excluded by subsection (a)(3)(B), that occur on or after January 1, 2018 (the effective date of Public Act 100-282), may be sealed immediat ely if the petition is filed with the circuit court cler k on the same day and during the same hearing in whic h the case is disposed. (3) When Records are Eligible to be Immediately Sealed. Eligible records unde r paragraph (2) of this subsection (g) may be sealed imme diately after entry of the final disposition of a case, notwithstanding the disposition of other charges i n the same case. (4) Notice of Eligibility for Immediate Sealing. Upon entr y of a disposition for an eligible record under this su bsection (g), the defendant shall be informed by the court of his or her r ight to have eligible records immediately sealed and the proc edure for the immediate sealing of these records. (5) Procedure. The following procedures apply to immediate sealing unde r this subsection (g).

(A) Filing the Petition. Upon entry of the final disposition of the case, the defendant's attorn ey may immediately petition the court, on behalf of the defendant, for immediate sealing of eligible rec ords under paragraph (2) of this subsection (g) that a re entered on or after January 1, 2018 (the effective d ate of Public Act 100-282). The immediate sealing petition may be filed with the circuit court clerk during the hearing in which the final disposition of the case is entered. If the defendant' s attorney does not file the petition for immedia te sealing during the hearing, the defendant may file a petition for sealing at any time as authorized under s ubsection (c)(3)(A). (B) Contents of Petition. The immediate seal ing petition shall be verified and shall contain the petitioner's name, date of birth, current address, and for each eligible record, the case number, the d ate of arrest if applicable, the identit y of the arresting authority if applicable, and other inform ation as the court may require.

(C) Drug Test. The petitioner shall no t be required to attach proof that he or she has passed a drug test. (D) Service of Petition. A copy of the petition shall be served o n the State's Attorney in open court. The petitioner shall not be required to serve a copy of the petiti on on any other agency. (E) Entry of Order. The presiding trial judge sh all enter an order granting or denying the petition for imme diate sealing during the hearing in which it is filed . Petitions for immediate sealing shall be ruled on in the same hearing in which the final disposition of the case is entered. (F) Hearings. The court shal l hear the petition for immediate sealing on the same day and during the same hearing in which the di sposition is rendered. (G) Service of Order. An order to immediately seal eligible records shall be served in conformance with subsection (d)(8). (H) Implementatio n of Order. An order to immediately seal records shall be implemented in confo rmance with subsections (d)(9)(C) and (d)(9)(D). (I) Fees. The fee impo sed by the circuit court clerk and the Illinois State P olice shall comply with paragraph (1) of subsection (d ) of this Section. (J) Final Orde r. No court order issued under this subsection (g) shall become final for purposes of appeal until 30 days after service of the order on the petitioner and all parties enti tled to service of the order in conformance wit h subsection (d)(8). (K) Motion to Vacate, Modify, or Reconsider. Under Section 2-1203 of the Code of C ivil Procedure, the petitioner, State's Attorney, o r the Illinois State Police may file a motion to vacate, mod ify, or reconsider the order denying the petition to immed iately seal within 60 days of service of the order. If filed more than 60 days after service of the order , a petition to vacate, modify, or reconsider shall com ply with subsection (c) of Section 2-1401 of the Code of Civil Procedure.

(L) Effect of Order. An order gran ting an immediate sealing petition shall not be considered void because it fails to comply with the provisions of this Section or because of an error asserted in a mo tion to vacate, modify, or reconsider. The circuit court re tains jurisdiction to determine whether the order is v oidable, and to vacate, modify, or reconsider its t erms based on a motion filed under subparagraph (L) of this subsection (g).

(M) Compliance with Order Gra nting Petition to Seal Records. Unless a court has ente red a stay of an order granting a petition to immediately seal, all parties entitled to service of the orde r must fully comply with the terms of the order within 60 days o f service of the order. (h) Seal ing or vacation and expungement of trafficking victims' c rimes. (1) A traff icking victim, as defined by paragraph (10) of subsectio n (a) of Section 10-9 of the Criminal Code of 2012, may pe tition for vacation and expungement or immediate sealing o f his or her criminal record upon the completion of his or her las t sentence if his or her participation in the underl ying offense was a result of human trafficking under Se ction 10-9 of the Criminal Code of 2012 or a severe f orm of trafficking under the federal Trafficking Victim s Protection Act. (1 .5) A petition under paragraph (1) shall be prepared, signe d, and filed in accordance with Supreme Court Rule 9. The court may allow the petitioner to attend any required hear ing remotely in accordance with local rules. The court may allow a petition to be filed under seal if the public fili ng of the petition would constitute a risk of harm to the p etitioner. (2) A petit ioner under this subsection (h), in addition to the re quirements provided under paragraph (4) of subsection (d ) of this Section, shall include in his or her petition a cl ear and concise statement that: (A) he or she was a victim of human trafficking at the time of t he offense; and (B) that his or her participation in the offense was a result of human trafficking under Sectio n 10-9 of the Criminal Code of 2012 or a severe f orm of trafficking under the federal Trafficking Victims P rotection Act. (3) If an objection is filed alleging that the petitioner is not entitled to vacation and expungement or immediate sealing under this subsection (h), the court shall conduct a h earing under paragraph (7) of subsection (d) of this Secti on and the court shall determine whether the petitioner i s entitled to vacation and expungement or immediate seal ing under this subsection (h). A petitioner is eligible for vacation and expungement or immediate relief under this sub section (h) if he or she shows, by a preponderance of the evidence, that: (A) he or she was a victim of human trafficking at t he time of the offense; and (B) that his or her partici pation in the offense was a result of human trafficking under Section 10-9 of the Crim inal Code of 2012 or a severe form of t rafficking under the federal Trafficking Victims Prote ction Act. (i) Minor Canna bis Offenses under the Cannabis Control Act. (1) Expungement of Arrest Records of Minor Cannabis Offenses. (A) The Illinois State Po lice and all law enforcement agencies within the State shall automatically expunge all criminal history records of an arrest, charge not initiated by arrest, order of supervision, or order of quali fied probation for a Minor Cannabis Offense committed prior to June 25, 2019 (the effective date of Public Act 101-27 ) if: (i) One year or more has elapsed since t he date of the arrest or law enforcement interaction documented in the records; a nd (ii) No c riminal charges were filed relating to the arrest o r law enforcement interaction or criminal charges wer e filed and subsequently dismissed or vacated or the arrestee was acquitted. ( B) If the law enforcement agency is unable to verify satisfaction of condition (ii) in paragraph (A), records that satisfy condition (i) in paragraph (A) shall be automatically expunged. (C) Records shall be expunged by the law enforcement agency under the following t imelines: (i) Reco rds created prior to June 25, 2019 (the ef fective date of Public Act 101-27), but on or after January 1, 2013, sha ll be automatically expunged prior to January 1, 2021; (ii) Records created prior to January 1, 2013, but on or after January 1, 2000, shall be automatically expunge d prior to January 1, 2023; (iii) Records created prior to January 1, 2000 shall be automatically expunged pr ior to January 1, 2025. In response to an inquiry for expunged rec ords, the law enforcement agency receiving such inquiry shall re ply as it does in response to inquiries when no records ever e xisted; however, it shall provide a certificate of dis position or confirmation that the record was expunged to the individual whose record was expunged if such a record exists.

(D) Nothing in this Section s hall be construed to restrict or modify an individual's righ t to have that individual's records exp unged except as otherwise may be provided in this Act, or diminish or abrogate any rights or remedies otherwise ava ilable to the individual. (2) Pardons Authorizing Expungement of Minor Cannabis Offenses.

(A) Upon June 25, 2019 (the effective da te of Public Act 101-27), the Department of State Police shall review all criminal history record infor mation and identify all records that meet all of the following criteria: (i) on e or more convictions for a Minor Cannabis Offense; (ii) the convi ction identified in paragraph (2)(A)(i) did not include a penalty enhancement under Section 7 of the Cannabis Control Act; and (iii) the conviction identified in paragraph (2)(A)(i) is not associated with a conviction for a violent crime as defined in subsectio n (c) of Section 3 of the Rights of Crime Victims and W itnesses Act. (B) Within 180 days after June 25, 2019 (the effective date of Public Act 101-27), the Department of S tate Police shall notify the Prisoner Revi ew Board of all such records that meet the criter ia established in paragraph (2)(A). (i) The Prisoner Re view Board shall notify the State's Attorney of the county of conviction of each record identified by State Police in paragraph (2)(A) that is classifi ed as a Class 4 felony. The State's Attorney may pr ovide a written objection to the Prisoner Review B oard on the sole basis that the record identified does not me et the criteria established in paragraph (2)(A). Such an objectio n must be filed within 60 days or by such later date set by the Prisoner Review Board in the notice after the State's Attorney received noti ce from the Prisoner Review Board. (ii) In response to a written objection from a State's Attorney, the Pr isoner Review Board is authorized to cond uct a non-public hearing to evaluate the i nformation provided in the objection. (iii) The Prisoner Revi ew Board shall make a confidential and privileged recommend ation to the Governor as to whether to grant a pardon authorizing expungement for each of the records identified by the Department of State Police as desc ribed in paragraph (2)(A). (C) If an individual has been g ranted a pardon authorizing expungement as descri bed in this Section, the Prisoner Review Board , through the Attorney General, shall file a petiti on for expungement with the Chief Judge of the circ uit or any judge of the circuit designated by the Chi ef Judge where the individual had been convicted. Such petition may include more than one individual. W henever an individual who has been convicted of an of fense is granted a pardon by the Governor that speci fically authorizes expungement, an objection to th e petition may not be filed. Petitions to expunge un der this subsection (i) may include more than one indi vidual. Within 90 days of the filing of such a peti tion, the court shall enter an order expunging the records of arrest from the official records of the ar resting authority and order that the records of the c ircuit court clerk and the Illinois State Police be expunged and the name of the defendant obliterated from the official index requested to be kept by the cir cuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and convicti on for the offense for which the individual had re ceived a pardon but the order shall not affect any in dex issued by the circuit court clerk before the entry of the order. Upon entry of the order of expungemen t, the circuit court clerk shall promp tly provide a copy of the order and a certificate of di sposition to the individual who was pardoned to the in dividual's last known address or by electronic means (if a vailable) or otherwise make it available to the individua l upon request.

(D) Nothing in this Section is intended to diminish or abrogate any rights or remedies otherwise available to the individual. (3) Any individual may file a motion to vacate and expunge a conviction for a misdemeanor or Class 4 felony violat ion of Section 4 or Section 5 of the Cannabis Control Ac t. Motions to vacate and expunge under this subsection (i) may be filed with the circuit court, Chief Judg e of a judicial circuit or any judge of the circuit designa ted by the Chief Judge. The circuit court clerk shall prom ptly serve a copy of the motion to vacate and expu nge, and any supporting documentation, on the State's Attor ney or prosecutor charged with the duty of prosecuting t he offense. When considering such a motion to vacate and ex punge, a court shall consider the following: the reas ons to retain the records provided by law enforcement, the petitioner' s age, the petitioner's age at the time of offense, the time since the conviction, and the specific adverse consequ ences if denied. An individual may file such a petition after the completion of any non-financial sent ence or non-financial condition imposed by the conviction. Within 60 days of the filing of such motion, a State's Attorney may file an objection to such a peti tion along with supporting evidence. If a motion to vacate and expunge is granted, the records shall be expunged in accordance with subparagraphs (d)(8) and (d)(9)(A) of this Section. An agency providing civil legal aid, as de fined by Section 15 of the Public Interest Attorney Assist ance Act, assisting individuals seeking to file a mot ion to vacate and expunge under this subsection may file motions to vacate and expunge with the Chief Judge of a judicial circuit or any judge of the circuit designated by the Chief Judge, and the motion m ay include more than one individual. Motions filed by an agency providing civil legal aid concerning more than on e individual may be prepared, presented, and signed el ectronically. (4) Any S tate's Attorney may file a motion to vacate and expunge a conviction for a misdemeanor or Class 4 felony violatio n of Section 4 or Section 5 of the Cannabis Control Act. Motions to vacate and expunge under this subsect ion (i) may be filed with the circuit court, Chief Judg e of a judicial circuit or any judge of the circuit designated by the Chief Judge, and may include more than one individual. Motions filed by a State's Attorney con cerning more than one individual may be prepared, presen ted, and signed electronically. When considering such a m otion to vacate and expunge, a court shall consider the fol lowing: the reasons to retain the records provided by law enforcement, the individual's age, the individual's age at the time of offense, the time since the conviction, and t he specific adverse consequences if denied. Upon entry of a n order granting a motion to vacate and expunge recor ds pursuant to this Section, the State's Attorney shall notify the Prisoner Review Board within 30 days. Upon entry of the order of expungement, the circuit court clerk shall promptly provide a copy of the order and a certificate of disposition to the individual whose records will be expunged to the individual's last known address or by electronic means (if available) or otherwise make available to the individual upon request. If a motion to vacate and expunge is granted, the records shall be expunged in accordance with subparagraphs (d)(8) and (d)(9)(A) of this Section. (5) In the public inter est, the State's Attorney of a county has standing to fi le motions to vacate and expunge pursuant to this Section in the circuit court with jurisdiction over the underlying convict ion. (6) If a person is arrested for a Minor Cannabis Offense as defined in this Section before June 25, 2019 (the effective date of Pub lic Act 101-27) and the person's case is still pendin g but a sentence has not been imposed, the person may petit ion the court in which the charges are pending for an orde r to summarily dismiss those charges against him or her, and expunge all official records of his or her arrest, plea, trial, conviction, incarceration, supervision, or expungeme nt. If the court determines, upon review, that: (A) the person was arrested before June 25, 2019 (the effective date of Public Act 101-27) for an offense that has been made eligible for expungement; (B) the case is pen ding at the time; and (C) the person has not been senten ced of the minor cannabis violation eligible for expungem ent under this subsection, the court shall consider the fol lowing: the reasons to retain the records provided by law enforcement, the petitioner's age, the petitioner's age at the time of offense, the time since the conviction, and the specific adverse consequences if denied. If a motion to dismiss and expunge is granted, the records shall be expunged in accordance with subparagraph (d)(9)(A) of this Section. (7) A person imprisoned solely as a result of one or more convictions for Minor Cannabis Offenses under this subsection (i) shall be released from incarceration upon the issuance of an order u nder this subsection. (8 ) The Illinois State Police shall allow a person to use the access and review process, establish ed in the Illinois State Police, for verifying that his or her records relating to Minor Cannabis Offenses of the Cannabis Control A ct eligible under this Section have been expunged. (9) No conviction vacated pursuant to this Section shall serve as the basis for dama ges for time unjustly served as provided in the Court of C laims Act. (10) Effect of Expungeme nt. A person's right to expunge an expungeable offense shall not be limited under this Section. The effect of an order of expungement shall be to restore the person to the status he or she occupied before the arrest, charge, or conviction. (11) Information. The Illin ois State Police shall post general information on its web site about the expungement process described in this subse ction (i). (j) Felony Prostitution Conv ictions. (1) Any indiv idual may file a motion to vacate and expunge a conviction for a prior Class 4 felony violation of prostituti on. Motions to vacate and expunge under this subsection (j) may be filed with the circuit court, Chief Judge of a judicial circuit, or any judge of the circuit designated by the Chief Judge. When considering the mot ion to vacate and expunge, a court shall consider the followi ng:

(A) the reasons to retain the records provi ded by law enforcement; (B) the petitioner's age; (C) the petitioner's a ge at the time of offense; and

(D) the time since the conviction, and the specific adverse consequences if denied. An individual may file the petition after the completion of any sentence or condition imposed by the co nviction. Within 60 days of the filing of the mot ion, a State's Attorney may file an objection to the p etition along with supporting evidence. If a motion to vacate and expunge is granted, the records shall be expunged in accordance with subparagraph (d)(9)(A) of this Section. An agency providing civil legal aid, as de fined in Section 15 of the Public Interest Attorne y Assistance Act, assisting individuals seeking to file a motio n to vacate and expunge under this subsection may file moti ons to vacate and expunge with the Chief Judge of a judicia l circuit or any judge of the circuit designated by the Chief Judge, and the motion may include more than one ind ividual. (2) Any State 's Attorney may file a motion to vacate and expunge a conv iction for a Class 4 felony violation of prostitution. Moti ons to vacate and expunge under this subsection (j) may be filed with the circuit court, Chief Judge of a judicial circuit, or any judge of the circui t court designated by the Chief Judge, and may include more than one individual. When considering the motion to v acate and expunge, a court shall consider the following reasons: (A) the reasons to retain the records provided by law enforcemen t; (B) the petitioner's age; (C) the petitioner's age at the time o f offense;

(D) the time since the conviction; and (E) the specific adverse con sequences if denied. If the State's Attorney files a motion to vacate and expunge records for felony prostitution convictions pursuant to this Section, the State's Attorney shall notify the Prisone r Review Board within 30 days of the filing. If a motion t o vacate and expunge is granted, the records shall be expunged in accordance with subparagraph (d)(9)(A) of this Section. (3) In the public interest, the State's Attorney of a county has standing to file mo tions to vacate and expunge pursuant to this Section in the circuit court with jurisdiction over the underly ing conviction. (4) The Ill inois State Police shall allow a person to a use the acce ss and review process, established in the Illinois Stat e Police, for verifying that his or her records relating to felony prostitut ion eligible under this Section have been expunged. (5) No conviction vacated pur suant to this Section shall serve as the basis for damages for time unjustly served as provided in the Court of Claims Act. (6) Effect of Expungeme nt. A person's right to expunge an expungeable offense shall not be limited under this Section. The effect of an orde r of expungement shall be to restore the person to the s tatus he or she occupied before the arrest, charge, or conviction. (7) Information. The Illinois State Police shall post general information on its website ab out the expungement process described in this subsection (j).(Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff. 1-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23; 103-609, eff. 7- 1-24; 103-755, eff. 8-2-24; revised 8 -9-24.) Section 160. The Department of Transportation Law of the Civil Administrative Code of Illi nois is amended by changing Section 2705-440 as follows: (20 ILCS 2705/2705

-440) (was 20 ILCS 2705/49.25h) Sec. 2705-44 0. Intercity Rail Service. (a) For the p urposes of providing intercity railroad passenger service within this State and throughout the United States, the Department is authorized to enter into agreements with any state, state agency, unit units of local government or political subdivision subdivisions, the Commuter Rail Division of the Regional Transportation Authority (or a public corporat ion on behalf of that Division), architecture or engine ering firm firms, th e National Railroad Passenger Corporation, any carrier, or any individual, corporation, partnership, or public or pri vate entity. The cost related to such services shall be bo rne in such proportion as, by agreement or contract the pa rties may desire. (b) In providing any intercity railroad passenger service as provided in this Section, the Department shall have the following additional powers: (1) to enter into trackage use agreements with rail carrie rs; ( 1.5) to freely lease or otherwise contract for any pu rpose any of the locomotives, passenger railcars, and other rolling stock equipment or ac cessions to any state or state agency, public or private entity, or quasi-public entities; (2) to enter into haulage agreemen ts with rail carriers; (3) to lease or otherwise contract for use, maintena nce, servicing, and repair of any needed locomotives , rolling stock, stations, or other facilities, the lea se or contract having a term not to exceed 50 years (but any multi-year contract shall recite that the contract is subject to termination and cancellation, without any penalty, acceleration p ayment, or other recoupment mechanism, in any fiscal yea r for which the General Assembly fails to make an adequate appropriation to cover the contract obligation); (4) to enter into management agreements; (5) to include in an y contract indemnification of carriers or other parties for any liability with regard to intercity railroad passenger service; (6) to obtain insurance for any losses or claims with respect to the service; (7) to promote the use of the service; (8) to make grants to any body politic and corpo rate, any unit of local government, or the Commuter Rail D ivision of the Regional Transportation Authority to cover all or any part of any capital or operating co sts of the service and to enter into agreements with respec t to those grants; (9) to set any fares or make other regulations wi th respect to the service, consistent with any contracts fo r the service; and (10) to otherwise enter into any contracts necessary or convenient to provide rai l services, operate or maintain locomotives, passenge r railcars, and other rolling stock equipment or accessions, i ncluding the lease or use of such locomotives, railcars, equipment, or accessions. (c) All service pr ovided under this Section shall be exempt from all regula tions by the Illinois Commerce Commission (other than for safe ty matters). To the extent the service is provided by the Commuter Rail Division of the Regional Transportation Authority (or a public corporation on behalf of that Division), it shall be exempt from safety regulations of the Illinois Commerce Commission to the extent the Co mmuter Rail Division adopts its own safety regulations. (d) In connection with any powers exercised under this Section, the Department (1) shall not have the power o f eminent domain; and (2) s hall not directly operate any railroad service with its own employees. (e) Any contract with the Comm uter Rail Division of the Regional Transportation Authori ty (or a public corporation on behalf of the Division) under t his Section shall provide that all costs in excess of re venue received by the Division generated from intercity rail se rvice provided by the Division shall be fully borne by the Depa rtment, and no funds for operation of commuter rail servi ce shall be used, directly or indirectly, or for any period of time, to subsidize the intercity rail operation. If at any time the Division does not have sufficient funds available to satisfy the requirements of this Section, the Division shal l forthwith terminate the operation of intercity rail service. The payments made by the Department to the Division for the int ercity rail passenger service shall not be made in excess o f those costs or as a subsidy for costs of commuter rail operations. This shall not prevent the contract from providing for efficient coor dination of service and facilities to promote cost effecti ve operations of both intercity rail passenger service and commuter rail services with cost allocations as provide d in this paragraph. (f) Whenever the Department enters into an agreement with any carrier for th e Department's payment of such railroad required maintenance expen ses necessary for intercity passenger service, the Depa rtment may deposit such required maintenance funds into an escr ow account. Whenever the Department enters into an agreement with any State or State agency, any public or private entity or quasi-public entity fo r the lease, rental or use of locomotives, passenger railcars, and other rolling stock equipment or accessions, the Department may depo sit such receipts into a separate escrow account. For purpose s of this subsection, "escrow account" an escrow account means any fiduciary ac count established with (i) any banking corporation which is both organized under the Illinois Banking Act and authori zed to accept and administer trusts in this State, or (ii) any n ational banking association which has its principal place of business in this State and which also is authorized to acce pt and administer trusts in this State. The funds in any r equired maintenance escrow account may be withdrawn by the ca rrier or entity in control of the railroad being main tained, only with the consent of the Department, pursuant to a written maintenance agreement and pursuant to a maintenance plan that shall be up dated each year. The funds in an escrow account holding lea se payments, use fees, or rental payments may be withdrawn by the Department, only with the consent of the Midwest Fleet Pool Board and deposited into the High-Speed Rail Rolling Stock Fund. The moneys deposited in the escro w accounts shall be invested and reinvested, pursuant to the di rection of the Department, in bonds and other interest be aring obligations of this State, or in such accounts, certifi cates, bills, obligations, shares, pools, or other securities as are authorized for the investment of p ublic funds under the Public Funds Investment Act. Escrow accounts cr eated under this subsection shall not have terms that exceed 20 years. At the end of the term of an escrow account holding lease payments, use fees, or rental payments, the remaining balance shall be deposited in the High-Speed Rail Rolling Stock Fund, a special fund that is created in the State treasury Treasury. Moneys in the High-Speed Rail Rolling Sto ck Fund may be used for any purpose related to locomotives, pa ssenger railcars, and other rolling stock equipment. The Department shall prepare a report for presentation to the Comptroller and the Treasurer each ye ar that shows the amounts deposited and withdrawn, the pur poses for withdrawal, the balance, and the amounts der ived from investment. (g) Whenever the Depar tment enters into an agreement with any carrier, State or State a gency, any public or private entity, or quasi-public enti ty for costs related to procurement and maintenance of locomotives, passenger railcars, and other rolling stock equipment or acc essions, the Department shall deposit such receipts into the High-Speed Rail Rolling Stock Fund. Additionally, the Department may make payments into the High-Speed Rail Rolling Stock Fund for the State's share of the costs related to locomotives , passenger railcars, and other rolling stock equipment. (So urce: P.A. 103-707, eff. 1-1-25; revised 11-22-24.) Section 165. The Department of Veterans' Affairs Act is amended by changing S ection 40 as follows: (20 ILCS 2805/40)

Sec. 40. Notice of veterans and service members ' benefits, services, and protections. The Department s hall create, and the Department of Labor shall make availab le, at no cost, a veterans and service members' benefits, services, and protections poster. Such a pos ter shall include, but not be limited to, information regarding the following: (1) Fr ee veterans' benefits and services provided by the Illinois Depar tment of Veterans' Veterans Affairs and other veterans service organi zations; (2) Tax benefit s; (3) Illinois veteran driver's license an d non-driver veteran identification card; (4) Illinois protections for survivors of sexual violence in the military; and (5) C ontact information for the following: (i) The United States Department of Veterans Affairs; (ii) The Illinois Department of Veterans' Veterans Affairs; and (iii) The Veterans Crisis Line.(Source: P.A. 103-828, eff. 1-1-25; revised 12-1-24.)

Section 170. The Governor's Office of Management and Budget Act is amended by changing Sect ion 2.14 as follows: (20 ILCS 3005/2.14) Sec. 2.14. Annual Compreh ensive Financial Report Internal Control Unit. As used in this Section, : "ACFR" means the State Annual Comprehensive Financial Report. There is created within the Governor's Office of Management and Budget an ACFR Interna l Control Unit, which shall advise and assist the Director in coordinating the audit of the State Annual Comprehensive Finan cial Report on behalf of the Governor. The ACFR Internal Control Unit may develop policies, plans, and programs to be u sed by the Office for the coordination of the financial audit a nd may advise and assist State agencies, as defined in the Il linois State Auditing Act and under the jurisdictio n of the Governor, in improving internal controls re lated to the State's financial statements and reporting. Th e ACFR Internal Control Unit is authorized to direct State ag encies under the jurisdiction of the Governor in the adoptio n of internal control procedures and documentation necessary to address internal control deficiencies or resolve ACFR aud it findings, and to direct implementation of such corrective ac tions. Each State agency under the jurisdiction of the Governor shall furnish to the Office such information as the Office may from time to time require, and the Director or any duly auth orized employee of the Office shall for the purpose of securing such information, have access to, and the right to examine and receive a copy of all documents, papers, reports, or records of any State agency under the jurisdiction of the Governor to assist in carryi ng out the Office's responsibilities under this Section. (Sour ce: P.A. 103-866, eff. 8-9-24; revised 10-21-24.) Section 175. The Capital Development Board Act is amended by changing Section 10.09-1 as follows: (20 ILCS 3105/10.09-1)

Sec. 10.09-1. Certification of inspection.

(a) No person may occupy a newly constr ucted commercial building or a substantially improved comm ercial building in a non-building code jurisdiction until: (1) The property owner or property owner's agent has f irst contracted for the inspection of the building by an inspector who meets the qualifications established by the Board; and

(2) The qualified inspec tor files a certification of inspection with the mun icipality or county having such jurisdiction over the property indicating that the building compli es with all of the following: (A) to the extent they do not conflict with the cod es and rules listed in subparagraphs (C) through (F), the current edition or mo st recent preceding edition of the following codes published by the International Code Council : (i) the Int ernational Building Code, including Appendix G and e xcluding Chapters 11, 13, and 29; (ii) the International Existing Building Code; (B) t o the extent it does not conflict with the codes and rules listed in subparagraphs (C) through (F), the current editio n or most recent preceding edition of the National Electrical Code published by the Nat ional Fire Protection Association;

(C) either: (i) The Energ y Efficient Building Code adopted under Section 15 of the Ener gy Efficient Building Act; or (ii) The Illinois Stretch Energy Code adopted under Se ction 55 of the Energy Efficient Building Act;

(D) the Illinois Accessibility Code adopted under Section 4 of the Environmental Barriers Act; (E) the Illinois Plumbing Code adopted under Sec tion 35 of the Illinois Plumbing License Law; and (F) the rules adopted in acco rdance with Section 9 of the Fire Investigation Act. (3) Once a building permit i s issued, the applicable requirements that are in effe ct on January 1 of the calendar year when th e building permit was applied for, or, whe re a building permit is not required, on January 1 of the calendar year when construction begins, shall be the o nly requirements that apply for the duration of the buil ding permit or construction. (b) (Blank). ( c) The qualification requirements of this Section do not ap ply to building enforcement personnel employed by a municipal ity or county who are acting in their official capacity.

(d) For purposes of th is Section: "Commercial building" m eans any building other than: (i) a single-f amily home or a dwelling containing 2 or fewer apartment s, condominiums, or townhouses; or (ii) a farm building as exempt ed from Section 3 of the Illinois Architecture Practice Act o f 1989. "Newly constructed comm ercial building" means any commercial building for which origina l construction has commenced on or after July 1, 2011. "Non-building code jurisdiction" means any area of the State in a municipality or county having jurisdiction tha t: (i) has not adopted a building code; or (ii) is requi red to but has not identified its adopted building code to the Board under Section 10.18 of the Capital Devel opment Board Act. "Qualified ins pector" means an individual certified as a commercial bu ilding inspector by the International Code Council or an equivalent nationally recognized building inspector certifi cation organization, qualified as a construction and building ins pector by successful completion of an apprentice program certified by the United States Departme nt of Labor, or who has filed verification of inspection exper ience according to rules adopted by the Board for the purposes of co nducting inspections in non-building code jurisdictions. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would eq ual or exceed 50% of the market value of the structure befor e damage occurred. "Substantially improved c ommercial building" means, for work commenced on or after Janu ary 1, 2025, any commercial building that has undergone any repair, reconstruction, rehabilitation, alteration, addition, or other improvement, the cost of which equals or exceeds 50% of the market value of the structure before the improv ement or repair is started. If a commercial building has sust ained substantial damage, any repairs are considered substantia l improvement regardless of the actual repair work perfor med. "Substantially improved commercial building" does not i nclude: (i) any project for improvement of a structure to correct existing violations of State or local health, sanit ary, or safety code specifications which have been identified by the local code enforceme nt official and which are the minimum necessary to as sure safe living conditions or (ii) any alteration of a histori c structure, provided that the alteration will not precl ude the structure's continued designation as a historic structure. (e) Except as provided in Section 15 of the Illinois Residential Building Code Act, new residential constructi on is exempt from this Section and is defined as any origina l construction of a single-family home or a dwelling containing 2 or fewer apartments, condominiums, or townhouses. (f) Local governments may establish agreements with other governmental entities wi thin the State to issue permits and enforce building codes an d may hire third-party providers that are qualified in accordance with this Section to pro vide inspection services. (g) Thi s Section does not limit the applicability of any other statutori ly authorized code or regulation administered by State agencies. These include, without limitation, the codes and regulations listed in subparagraphs (C) through (F) of paragrap h (2) of subsection (a). (h) The changes to this Section made by Public Act 103-510 this amendatory Act of the 103rd General Assembly shall apply beginning on January 1, 2025.(Source: P.A. 102-558, eff. 8-20-21; 103-510, eff. 1-1-24; revised 7-24-24.) Section 180. The Illinois E mergency Management Agency Act is amended by changing Section 5 as follows: (20 ILCS

3305/5) (from Ch. 127, par. 1055) Sec. 5. Illinois Emergency Management Agency. (a) There is created within t he executive branch of the State Government an Illinois Eme rgency Management Agency and a Director of the Illinoi s Emergency Management Agency, herein called the "Director" who shal l be the head thereof. The Director shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve for a term of 2 years beginning on th e third Monday in January of the odd-numbered year, and until a successor is appointed and has qualified; except that t he term of the first Director appointed under this Act shal l expire on the third Monday in January, 1989. The Direct or shall not hold any other remunerative public office. For terms beginning after January 18, 2019 (the effective date of Public Act 100-1179) and before January 16, 2023, the a nnual salary of the Director shall be as provided in Sectio n 5-300 of the Civil Administrative Code of Illino is. Notwithstanding any other provision of law, for term s beginning on or after January 16, 2023, the Director shall re ceive an annual salary of $180,000 or as s et by the Governor, whichever is higher. On July 1, 20 23, and on each July 1 thereafter, the Director shall receive a n increase in salary based on a cost of living adjustment as authorized by Senate Joint Resolution 192 of the 86th Gener al Assembly. For terms beginning on or a fter January 16, 2023, the Assistant Director of the Illino is Emergency Management Agency shall receive an annual salary of $156,600 or as set by the Governor, whichever is higher. On July 1, 2023, and on each July 1 thereafter, the Assistant Director shall receiv e an increase in salary based on a cost of living adjustment as authorized by Senate Joint Resolution 192 of the 86th General Assembly. (b) The Illinois Emergency Manage ment Agency shall obtain, under the provisions of the Personnel Code, technical, clerical, stenographic and other administr ative personnel, and may make expenditures within the appropri ation therefor as may be necessary to carry out the purpose of this Act. The agency created by this Act is intended to be a successor to the a gency created under the Illinois Emergency Services and Di saster Agency Act of 1975 and the personnel, equipment, re cords, and appropriations of that agency are transferred to t he successor agency as of June 30, 1988 (the effective date of this Act). (c) The Director, subjec t to the direction and control of the Governor, shall be th e executive head of the Illinois Emergency Managemen t Agency and the State Emergency Response Commission and shall be responsible under the direct ion of the Governor, for carrying out the program for emerg ency management of this State. The Director shall also main tain liaison and cooperate with the emergency manageme nt organizations of this State and other states and of the f ederal government. (d) The Illinois Emerge ncy Management Agency shall take an integral part in the development and revision of political subdivision emergen cy operations plans prepared under paragraph (f) of Section 10. To this end it shall employ or otherwise secure the serv ices of professional and technical personnel capable of providi ng expert assistance to the emergency services and disaster agencies. These pers onnel shall consult with emergency services and disaster ag encies on a regular basis and shall make field examina tions of the areas, circumstances, and conditions that partic ular political subdivision emergency operations plans are intended to apply. (e) The Illinois Emerge ncy Management Agency and political subdivisions shall be en couraged to form an emergency management advisory committe e composed of private and public personnel representing the e mergency management phases of mitigation, preparedness, respo nse, and recovery. The Local Emergency Planning Committee, as created under the Illinois Eme rgency Planning and Community Right to Know Act, shall serve as an advisory committee to the emergency services and disaster agency or agencies serving within the boundaries of that Local Emergen cy Planning Committee planning district for: (1) the development of emergency operations plan provisions fo r hazardous chemical emergencies; and (2) the assessment of emergency response capabilities related to hazardous chemical emer gencies. (f) The Illinois Emergency Mana gement Agency shall: (1) Coordinate the overall emergency managem ent program of the State. (2) Co operate with local governments, the federal government, and any public or private agency or entity in achieving any purpose of this Act and in implementing emergency managem ent programs for mitigation, preparedness, response, and recovery. (2.5) D evelop a comprehensive emergency preparedness and response pla n for any nuclear accident in accordance with Section 65 of the Nuclear Safety Law of 2004 and in development of t he Illinois Nuclear Safety Preparedness program i n accordance with Section 8 of the Illinois Nuclear Safety Preparedness Act. (2 .6) Coordinate with the Department of Public Health with respect to planning for and responding to public health emergencies.

(3) Prepare, for issuance by the Governor, executive orders, procla mations, and regulations as necessary or appropriate in coping with di sasters. (4) Promulgate rules and requirements for political subdivision emerge ncy operations plans that are not inconsistent with and are at least as stringent as applicable federal laws and re gulations.

(5) Review and approve, in accordance with Illinois Emergency Management Agency rules, emergency operations plans for those political subdivisions require d to have an emergency services and disaster ag ency pursuant to this Act. (5.5) Promulgate rules and requirements for the politic al subdivision emergency management exercises, includ ing, but not limited to, exercises of the emergency o perations plans. (5.10) Review, evaluate, and approve, in accordance with Illinois Emergency Manage ment Agency rules, political subdivision emergency ma nagement exercises for those political subdivisions required to h ave an emergency services and disaster agency pursuant t o this Act. (6) Deter mine requirements of the State and its political subdivisions for fo od, clothing, and other necessities in event of a disaste r. (7) Establish a register of persons with ty pes of emergency management training and skills in mitigat ion, preparedness, response, and recovery. (8) Establish a register of governmen t and private response resources available for use in a d isaster. (9) Expand the Earthquake Awareness Program and its efforts to distr ibute earthquake preparedness materials to schools, poli tical subdivisions, community groups, civic organizations , and the media. Emphasis will be placed on those areas of the State most at risk from an earthquake. Maintain th e list of all school districts, hospitals, airports, power plants, including nuclear power plants, lakes, dams, emergency response fac ilities of all types, and all other major public or pri vate structures which are at the greatest risk of damage f rom earthquakes under circumstances where the damage woul d cause subsequent harm to the surrounding communities an d residents. (10) Disse minate all information, completely and without delay, on water levels for rivers and streams and any other data pertaining to potential flooding supplied by the Divi sion of Water Resources within the Department of Na tural Resources to all political subdivisions to the maxi mum extent possible. (1 1) Develop agreements, if feasible, with medical supp ly and equipment firms to supply resources as are necessa ry to respond to an earthquake or any other disaster as defined in this Act. These resources will be made available upon notifying the vendor of the disaster. Pa yment for the resources will be in accordance with Sec tion 7 of this Act. The Illinois Department of Public Hea lth shall determine which resources will be required and requested. (11.5) In coordination with the Illinois State Police, develop and implement a community out reach program to promote awareness among the State's parent s and children of child abduction prevention and response.

(12) Out of funds appro priated for these purposes, award capital and non-capital grants to Illinois hospitals or heal th care facilities located outside of a city with a popula tion in excess of 1,000,000 to be used for purposes that include, but are not limited to, preparing to respond to mass casualties and disasters, maintaining and improving pa tient safety and quality of care, and protecting the confidentiality of patient information. No single gran t for a capital expenditure shall exceed $300,000. No sing le grant for a non-capital expenditure shall exceed $100,000. In awarding such grants, preference shall be g iven to hospitals that serve a significant number of Medicai d recipients, but do not qualify for disproportionate sha re hospital adjustment payments under the Illin ois Public Aid Code. To receive such a grant, a hospital or health care facility mu st provide funding of at least 50% of the cost of the pr oject for which the grant is being requested. In awarding such gra nts the Illinois Emergency Management Agency shall consider the recommendations of the Illinois Hospital Association . (13) Do all other things n ecessary, incidental or appropriate for the implementation of thi s Act. (g) The Illinois Emergency Managem ent Agency is authorized to make grants to various higher education institutions, public K-12 school districts, area vo cational centers as designated by the State Board of Educat ion, inter-district special education cooperatives, regional safe sch ools, and nonpublic K-12 schools for safety and secur ity improvements. For the purpose of this subsection (g), " higher education institution" means a public university, a public community college, or an independent, not-for-profit or for-profit higher education instit ution located in this State. Grants made under this subsectio n (g) shall be paid out of moneys appropriated for that pur pose from the Build Illinois Bond Fund. The Illinois Emerg ency Management Agency shall adopt rules to implement thi s subsection (g). These rules may specify: (i) the man ner of applying for grants; (ii) project eligibility requi rements; (iii) restrictions on the use of grant moneys; (iv) the manner in which the various higher education institutions must account for the use of grant moneys; and (v) any other provision that the Illinois Emergency Management Agency determines to be ne cessary or useful for the administration of this subsection (g). (g-5) The Illinois Emerge ncy Management Agency is authorized to make grants to not-for-profit organizations which are exempt from fede ral income taxation under section 501(c)(3) of the Federal Inte rnal Revenue Code for eligible security improvements that ass ist the organization in preventing, preparing for, or res ponding to threats, attacks, or acts of terrorism. To be e ligible for a grant under the program, the Agency must determin e that the organization is at a high risk of being subject to threats, attacks, or acts of terrorism based on the organiza tion's profile, ideology, mission, or beliefs. Eligible sec urity improvements shall include all eligible preparedness act ivities under the federal Nonprofit Security Grant Prog ram, including, but not limited to, physical security upgrade s, security training exercises, preparedness training exercises , contracting with security personnel, and any other se curity upgrades deemed eligible by the Director. Eli gible security improvements shall not duplicate, in part or i n whole, a project included under any awarded federal grant or in a pending federal application. The Director shall establish procedures and forms by which applicants may apply for a grant and procedures for distributing grants to recipients. A ny security improvements awarded shall remain at the physical property listed in the grant application, unless authorized by Agency rule or approved by the Agency in writing. The procedures shall require each applicant to do the follow ing: (1) identify and substantiate prior or current threats, attacks, or acts of terror ism against the not-for-profit organization; (2) indicate the symbo lic or strategic value of one or more sites that renders the site a possible target of a threat, attack, or act of terrorism;

(3) discuss potential consequences to the organization if the site is damaged, destroyed, or disrupted by a threat, attack, or act of terroris m; (4) describe how the gr ant will be used to integrate organizational prepar edness with broader State and local preparedness efforts, as described by the Agency in each Notice of Opportunity for Fu nding; (5) submit (i) a v ulnerability assessment conducted by experienced secur ity, law enforcement, or military personnel, or conducted using an Agency-approved or federal Non profit Security Grant Program self-assessment too l, and (ii) a description of how the grant award will be us ed to address the vulnerabilities identified in the assessment; and (6) submit any other rele vant information as may be required by the Director. The Agency is authorized to use fun ds appropriated for the grant program described in this subsec tion (g-5) to administer the program. Any Agency Not ice of Opportunity for Funding, proposed or final rulemaking , guidance, training opportunity, or other resource related t o the grant program must be published on the Agency's public ly available website, and any announcements related to funding shall be shared with all State legislative offices, th e Governor's office, emergency services and disaster agenci es mandated or required pursuant to subsections (b) through (d) of Section 10, and any other State agencies as determined b y the Agency. Subject to appropriation, the grant applic ation period shall be open for no less than 45 calendar days du ring the first application cycle each fiscal year, unless the Agency determines that a shorter period is necessary to avoid conflicts with the annual federal Nonprofit Securi ty Grant Program funding cycle. Additional applic ation cycles may be conducted during the same fiscal ye ar, subject to availability of funds. Upon request, Age ncy staff shall provide reasonable assistance to any applicant in c ompleting a grant application or meeting a post-award requir ement. In addition to any advance payment rules or procedures adopted by the Agency, the Agency shall adopt rules or procedures by which grantees under this s ubsection (g-5) may receive a working capita l advance of initial start-up costs and up to 2 months of program expenses, not to exceed 25% of the total award amount, if, during the application process, the grantee demonstrates a nee d for funds to commence a project. The remaining funds must b e paid through reimbursement after the grantee presents suff icient supporting documentation of expenditures for eligible a ctivities. (h) Except as provided in Section 17.5 of this Act, any moneys received by the Agency from donations or sponsorships unrelated to a disaster shall be dep osited in the Emergency Planning and Training Fund and used by the Agency, subject to appropriation, to effectuate pla nning and training activities. Any money s received by the Agency from donations during a disaster and intended for disaster response or recovery shall be deposited into the Disaster Response and Recovery Fund and used f or disaster response and recovery pursuant to the Disaster Re lief Act. (i) The Illinois Emergency Mana gement Agency may by rule assess and collect reas onable fees for attendance at Agency-sponsored conferences to ena ble the Agency to carry out the requirements of this Act. A ny moneys received under this subsection shall be deposited i n the Emergency Planning and Training Fund and used by the Agency, subject to appropriation, for planning and trai ning activities.

(j) The Illinois Emergency Management Agency is aut horized to make grants to other State agencies, public unive rsities, units of local government, and statewide mutual aid or ganizations to enhance statewide emergency preparedness and res ponse. (k) Subject to appropriation from the Emergency Planning and Training Fund, the Illinois E mergency Management Agency and Office of Homeland Secur ity shall obtain training services and support for local eme rgency services and support for local emergency services and d isaster agencies for training, exercises, and equipment related to carbon dioxide pipelines and sequestration, and, subje ct to the availability of funding, shall provide $5,000 per year to the Illinois Fire Service Institute for first responder training required under Section 4-615 of the Public Uti lities Act. Amounts in the Emergency Planning and Training Fun d will be used by the Illinois Emergency Management Age ncy and Office of Homeland Security for administrative costs incurred in carrying out the requirements of this subsection. To carry out the purposes of this subsection, the Illinoi s Emergency Management Agency and Office of Homeland Security may accept moneys from all authorized sources into the Emergency Planni ng and Training Fund, including, but not limited to, transfers from the Carbon Dioxide Sequestration Administrative Fu nd and the Public Utility Fund. (l) (k) The Agency shall do all other things necessary , incidental, or appropriate for the implementation of this Act, including the adoption of rules in ac cordance with the Illinois Administrative Procedure Act. (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff. 1-1-24; 103-588, eff. 1-1-25; 103-651, eff. 7-18-24; 103-999, eff. 1-1-25; revised 11-26-24.) Section 185. The Historic Preservation Act is amended by changing Sections 4.7, 16, and 21 as follows: (20 ILCS 3405/4.7) Sec. 4.7. State Historic Pres ervation Board. (a) The State Historic Preservatio n Board is hereby created within the Department. (b) The B oard shall consist of 9 voting members appointed by the Governor and the Director of the Department, or the Dire ctor's designee, who shall serve as an ex officio

ex-officio nonvoting member of the Board. Of the members appointed by the G overnor: (1) 2 memb ers shall have a relevant background in public history or a backgro und in teaching or researching either the history of Illinois or the history of historically marginalized communities; (2) on e member shall have experience in library studies or archiva l work in Illinois; (3) 3 members s hall be representatives of a community-based org anization working on historic preservation in Illinois; (4) one member shall have experience with the federal Am ericans with Disabilities Act of 1990; (5) one member shall have experienc e working on federal historic designations; and (6) one member shall be a museum profe ssional. The chairperson of the Board shall be named by the Governor from among the voting mem bers of the Board. Each member of the Board shall serve a 3-year term and until a successor is appointed by the Governor. The Governor may remove a Board member for in competence, dereliction of duty, or malfeasance. Of those memb ers appointed by the Governor, at least 5 of the members shall represent historically excluded and marginalized people. The G overnor's Office, with the assistance of the Department, shall be responsible for ensuring that 5 of the appointed members of the Board consist of people who represent historically excluded and marginalized people. Knowledge in the follow ing areas shall be prioritized in making appointments t o the Board: the culture, traditions, and history of Amer ican Indians and Native Americans, Black Americans, Latin os, Latinas, and Hispanic Americans, Asian Americans and Pacific I slanders, the LGBTQIA+ community, immigrants and refugees , people with disabilities, and veterans' organizations; women's history; the history of Illinois' agriculture, arc hitecture, armed forces, arts, civics, cultural geog raphy, ecology, education, faith-based communities , folklore, government, industry, labor, law, medicine, and transportation; anthropology; archaeology; cultural exhibits a nd museums; heritage tourism; historic preservation; and social justice. (c) Board meetings sha ll be called at regular intervals set by the Board, on the request of the Department, or upon written notice signed by a t least 5 members of the Board, but in no event less than once quarterly. (d) A majority of the members of the Boar d constitutes a quorum for the transaction of business at a m eeting of the Board. If a quorum is met, a majority of th e members present and serving is required for official act ion of the Board. (e) All business tha t the Board is authorized to perform shall be con ducted at a public meeting of the Board, held in compliance with the Open Meetings Act. (f) Public records of the Board are subject to disclosure und er the Freedom of Information Act. (g) The members of the Board shall serve without compensation but sh all be entitled to reimbursement for all necessary expenses incurred in the performance of their official duties as members of the Board from funds appropriated for that purpose. Reimbursement for travel, meals, and lodging shall be in acc ordance with the rules of the Governor's Travel Control B oard. (h) The Board has the followin g powers and duties:

(1) The Board shall adopt rules in accordance with the Illinois Admin istrative Procedure Act, for the administration and execution of the powers granted under this Act. All rules that are authorized to be adopted under this Act shall b e adopted after consultation with and written approval by t he Department. (2) The B oard shall list, delist, create specific list designat ions, create designation definitions, create property asses sment criteria, or change the listing designation of State Historic Sites. Such actions shall be undertaken by administrative rule. The listing, delisting, creation of specific list designations or designation definitions, or change of listing designation by the Board shall only be done with the writt en approval of the Director of Natural Resources. When listing, delist ing, or making a change of listing designation, the Bo ard shall consider, but is not limited to, the following: (A) the budgetary impact on the full historic sites portfolio w hen taking such action; (B) if the action includes the stories of historically e xcluded and marginalized people; (C) the geograp hic balance of the portfolio; (D) disability access; (E) opportunities to coordinate wit h federal historic designations or federal funding opportun ities; and (F) an y other criteria that have been set out in administrative rule. (3) The Board shall advise the Department on methods of assistance, protection , conservation, and management of State Historic Sites, which are all subject to Department approval and available appropriations to impleme nt those recommendations. (i) The Department shall provide administrative support to the Board . (Source: P.A. 103-768, eff. 8-2-24; revised 10-24-24.) (20 ILCS 3405/16) (from Ch. 127, par. 2716) Sec. 16. The Depa rtment shall have the following additional powers: (a) To hire agents and em ployees necessary to carry out the duties and purposes of this Act. (b) To ta ke all measures necessary to erect, maintain, preserv e, restore, and conserve all State Historic Sites, except when supervision and maintenance is otherwise provid ed by law. This authorization includes the power to enter in to contracts, acquire and dispose of real and personal pr operty, and enter into leases of real and personal property . The Department has the power to acquire, for purposes authorized by law, any real property in fee s imple subject to a life estate in the seller in not more than 3 acres of the real property acquired, subject to the restrictions that the life estate shall be used for residential purposes only and that it shall be non-tran sferable. (c) To provi de recreational facilities, including campsites, lodges and cabins, trails, picnic areas, and related recreati onal facilities, at all sites under the jurisdic tion of the Department. (d) To lay out, construct, and maintain all need ful roads, parking areas, paths or trails, bridges, camp or lodge sites, picnic areas, lodges and cabins, and any other structures and improveme nts necessary and appropriate in any State historic site or easement thereto; and to provide water supplies, heat and light, a nd sanitary facilities for the public and living quar ters for the custodians and keepers of State historic sites. (e) To grant lice nses and rights-of-way within the areas cont rolled by the Department for the construc tion, operation, and maintenance upon, under or across the property, of facilities for water, sewage, telephone, tel egraph, electric, gas, or other public service, subject to the terms and conditions as may be determined by the D epartment. (f) To authorize the officers, employees, and agents of the Department, for the purposes of investigati on and to exercise the rights, powers, and duties vested and that may be vested in it, to enter and cross all lands and waters in this State, doing no damage to private property. (g) To transfer jurisdiction of or exchange any realty und er the control of the Department to any other Departme nt of the State Government, or to any agency of the Fed eral Government, or to acquire or accept Federal lands, wh en any transfer, exchange, acquisition, or acceptance is advantageous to the State and is approved in writing by the Governor . (h) To erect, super vise, and maintain all public monuments and memorial s erected by the State, except when the supervision and maintenance of public monuments and memorials is otherwise provided by law. (i) To accept, hold, maintain, and administer, as trustee, property given in trust for educational or historic purposes for the benefit of the People of the State of Illinois and to dispose o f any property under the terms of the instrument creating the trust. (j) To le ase concessions on any property under the jurisdiction o f the Department for a period not exceeding 25 years and to lease a concession complex at Lincoln's New Salem State Historic Site for which a cash incentive has been autho rized under Section 5.1 of this Act for a period not to e xceed 40 years. All leases, for whatever period, shall be made subject to the written approval of the Governor. All concession leases ex tending for a period in excess of 10 years, will cont ain provisions for the Department to participate, on a per centage basis, in the revenues generated by any concession operation. The Department is authorized to allow for provisions for a reserve account and a leasehold account within Department concession le ase agreements for the purpose of setting aside revenues fo r the maintenance, rehabilitation, repair, improvement, and replacement of the concession facility, structur e, and equipment of the Department that are part of the le ased premises. The less ee shall be required to pay into the reserve account a per centage of gross receipts, as set forth in the lease, to be set aside and expended in a manner acceptable to the D epartment by the concession lessee for the purpose of ensuring that an appropriate amount of the lessee's moneys are provided by the lessee to satisfy the lessee's i ncurred responsibilities for the operation of the conces sion facility under the terms and conditions of the concession lease. The lessee account shall allow for the amortization of certain authorized expenses that are incurred by the concession le ssee but that are not an obligation of the lessee und er the terms and conditions of the lease agreement. The D epartment may allow a reduction of up to 50% of the monthly rent due for the purpose of enabling the recoupment of the lessee's authorized e xpenditures during the term of the lease. (k) To sell surplus agricultural produc ts grown on land owned by or under the jurisdiction of the Departme nt, when the products cannot be used by the Department . (l) To enforce the l aws of the State and the rules and regulations of the Depa rtment in or on any lands owned, leased, or managed by the Department. (m) To c ooperate with private organizations and agencies o f the State of Illinois by providing areas and the use of s taff personnel where feasible for the sale of publications on the historic and cultural heritage of the State and craft items made by Illinois craftsmen. These sales shall not conflict with existing concession agreements. The Department is authorized to negotiate with the or ganizations and agencies for a portion of the monies rec eived from sales to be returned to the Illinois Historic Sites Fund for the furtherance of interpretive and resto ration programs. (n) To establish local bank or savings and loan association acc ounts, upon the written authorization of the Director, to temporarily hold income received at any of its prop erties. The local accounts established under this Sec tion shall be in the name of the Department and shall be subjec t to regular audits. The balance in a local bank or savings and loan association account shall be forwarded to the De partment for deposit with the State Treasurer on Monday of each week if the amount to be deposited in a fund exceeds $500. No bank or savings and lo an association shall receive public funds as permitted by this Section, unless it has complied with the requirements establish ed under Section 6 of the Public Funds Investment Act.

(o) To accept offers of gifts, gratuities, or grants from the federal government, its agencies, or offices, or from any person, firm, or corporation.

(p) To make reasonable rules and regulations as may be necessary to discharge the duties of the Department. (q) With appropriate cultural organizations, to further and advance the g oals of the Department. (r) To make grants for the purposes of planning, surv ey, rehabilitation, restoration, reconstruction, landsc aping, and acquisition of Illinois properties (i) design ated individually in the National Register of Historic Pl aces, (ii) designated as a landmark under a county or munic ipal landmark ordinance, or (iii) located within a Na tional Register of Historic Places historic district or a l ocally designated historic district when the Director deter mines that the property is of historic si gnificance whenever an appropriation is made therefor by t he General Assembly or whenever gifts or grants are recei ved for that purpose and to promulgate regulations a s may be necessary or desirable to ca rry out the purposes of the grants. Grantees may, as prescribed by rule, be required to provide matching funds for each grant. Grants made under this subsection shall be k nown as Illinois Heritage Grants. Every owner of a historic property, or the own er's agent, is eligible to apply for a grant under this su bsection. (s) To e stablish and implement a pilot program for charging admission to State historic sites. Fees may be char ged for special events, admissions, and parking or any com bination; fees may be charged at all sites or selected sit es. All fees shall be deposited into the Illinois Historic Sites Fund. The Department shall have the discretion to set and adjust reasonable fees at the various sites, taki ng into consideration various factors, including, but not limited to: cost of services furnished to each visitor , impact of fees on attendance and tourism, and the costs expended collecting the fees. The Department shall keep careful records of the income and expenses resulting fr om the imposition of fees, shall keep records as to the attendance at each historic site, and shall report to the Governor and General Assembly by January 31 after the close o f each year. The report shall include information on costs, expenses , attendance, comments by visitors, and any other information the Department may believe per tinent, including: (1 ) Recommendations as to whether fees should b e continued at each State historic site. (2) How the fees should be structured and imposed. (3) Estimates of revenues and expenses assoc iated with each site. (t) To provide for overnight tent an d trailer campsites and to provide suitable housing faci lities for student and juvenile overnight camping g roups. The Department shall charge rates similar to those charged by the Department for the same or simil ar facilities and services. (u) To engage in marketing activities designe d to promote the sites and programs administered by the D epartment. In undertaking these activities, the Depar tment may take all necessary steps with respect to products and services, including, but not limited to, retail sa les, wholesale sales, direct marketing, mail order sales , telephone sales, advertising and promotion, purchase of product and materials inventory, design, printing and manuf acturing of new products, reproductions, and adaptations, copyright and trademark licensing and royalty agreements, and payment of applicable taxes. In addition, the Department sha ll have the authority to s ell advertising in its publications and printed materials. All income from marketing activities shall be deposited into the Illinois Historic Sites Fund. (v) To review and approve in wri ting rules adopted by the Board. (Source: P.A. 102-1005, eff. 5-27-22; 103-616, eff. 7-1-24; 103-768, eff. 8-2-24; rev ised 10-7-24.) (20 ILCS 3405/21) Sec. 21. Annual report. Beginning in 2025, the Department shall submit an annual report, on or before June 30, to the General Assembly containing a full list of the State Historic Sites and the sites' sites designations, as recommended by the Board and approved by the Department.

(Source: P.A. 103-768, eff. 8-2-24; revised 10-24-24.) Section 190. The Illino is Housing Development Act is amended by changing Section 16 as follows: (20 ILCS 3805/16) (from Ch. 67 1/2, par. 31

6) Sec. 16. The notes and bonds issued under this Act shall be authorized by resolution of the members of the Authority, shall bear such date or dates, and sha ll mature at such time or times, in the case of any note, or any renewal thereof, not exceeding 15 years (or such longer ti me not exceeding 25 years if the Authority shall determine, wi th respect to notes issued in anticipation of bonds, that a lo nger maturity date is required in order to assure the ability to issue the bonds), from the date of issue of such original not e, and in the case of any bond not exceeding 50 years from th e date of issue, as the resolution may provide. The bonds may b e issued as serial bonds or as term bonds or as a combinati on thereof. The notes and bonds shall bear interest at such rate or rates as shall be determined by the members of the Authority by the resolution authorizing issuance of the bonds and notes provided, however, that no tes and bonds issued after July 1, 1983, shall bear inte rest at such rate or rates not exceeding the greater of ( i) the maximum rate established in the Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evi dences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved Ma y 26, 1970, as from time to time in effect; (ii) 11% per annum; or (iii) 70% of the pr ime commercial rate in effect at the time the contract is mad e. In the event the Authority issues notes or bonds not exempt from income taxation under the Internal Revenue Code of 195 4, as amended, such notes or bonds shall bear interest a t a rate or rates as shall be determined by the members of t he Authority by the resolution authorizing issuance of th e bonds and notes. Prime commercial rate means such prime ra te as from time to time is publicly announced by the largest commercial banking institution located in this State, m easured in terms of total assets. A contract is made with res pect to notes or bonds when the Authority is contractual ly obligated to issue and sell such notes or bonds to a purchas er who is contractually obligated to purchase them. The no tes and bonds shall be in such denominations, be in such form, either coupon or registered, carry such registration pri vileges, be executed in such manner, be payable in such mediu m of payment, at such place o r places and be subject to such terms of redemption as such resolution or resolutions may provide. The notes and bonds of the Authority may be sold by the Authority, at public or priva te sale, at such price or prices as the Authority shall determine. In lieu of establishing the rate at which notes or bond s of the Authority shall bear interest and the price at whi ch the notes or bonds shall be sold, the resolution autho rizing their issuance may set maximum and minimum prices, interest rates, and annual interest cost to the Authority for that issue of notes or bonds (computed as the resolution shall provide), such that the differenc e between the maximum and minimum annual interest cost shall not exceed 1% of the principal amount of the notes or bo nds. Such a resolution shall authorize any 2 two of the Chairman, Treasurer, or Director (or in the Director's absence, the Deputy Director) to establish the actual price and interes t rate within the range established by the resolution. In lieu of establishing th e dates, maturities, or other terms of the notes or bonds, the resolution authorizing their issuance may auth orize any 2 two of the Chairman, Treasurer, or Director (or in the Director's absence, the Depu ty Director) to establish such dates, maturities, and other terms within ranges or criteria establ ished by the resolution. In connection with t he issuance of its notes and bonds, the Authority may enter into arrangements to provide additional security and liquidity for the n otes and bonds. These may include, without limitation, letters of credit, lines of credit by which the Authority may borro w funds to pay or redeem its notes or bonds, and purchase or remarketing arrangements for assuring the ab ility of owners of the Authority's notes and bonds to sell or to have redeemed their notes and bonds. The Authority may ente r into contracts and may agree to pay fees to persons provi ding such arrangements, but only under circumstances in which the total interest paid or to be paid on the notes or bo nds, together with the fees for the arrangements (being t reated as if interest), would not, taken together, cause the no tes or bonds to bear interest, calculated to their absolute m aturity, at a rate in excess of the maximum rate allowed by th is Act. The resolution of the Authority auth orizing the issuance of its notes or bonds may provide that int erest rates may vary from time to time depending upon crit eria established by the Authority, which may include , without limitation, a variation in interest rates as may be necessary to cause notes or bonds to be remarketable from time to time at a price equal to their principal amount (or compound ac credited value in case of original issue discount bonds), an d may provide for appointment of a national banking associatio n, bank, trust company, investment bank, or other financial institution to serve as a remarketing agen t in that connection. The resolution of the Authority aut horizing the issuance of its notes or bonds may provide that al ternative interest rates or provisions will apply during such t imes as the notes or bonds are held by a person providing a letter of credit or other credit enhancement arrangement for thos e notes or bonds. Notwithstanding any other provisions of law , there shall be no statutory limitation on the interest rates which such variable rate notes and bonds may bear from time to time. In addition to the other authorizatio ns contained in this Section, the Authority may adopt a resolut ion or resolutions granting to any 2 two of the Chairman, Treasurer, or Director (or in the Director's absence, the Deputy Director) the power to authorize issuance of notes or bon ds, or both, on behalf of the Authority from time to time witho ut further resolution of the Authority. Any such resolution s hall contain a statement of the maximum aggregate amount of not es or bonds that may be outstanding at any one time pur suant to the authorization granted in such resolution. Suc h resolution shall also contain a statement of the period of t ime during which such notes or bonds of the Authority may be so issued. Such resolution shall also delegate specificall y or generally to the persons empowered to authorize issuance o f the notes or bonds the authority to establish or approve an y or all matters relating to the issuance and sale of th e notes or bonds, which may include the interest rates, if any, which the notes or bonds shall bear and the prices (including premiums or discounts, if any) at which they shall be issued a nd sold, or the criteria upon which such interest rates and pri ces may vary, the appointment of remarketing agents, the app roval of alternative interest rates, whether there shall be any statutory or other limitation on the interest rates which such notes or bonds may bear (treating as if interest the fees for any ar rangements to provide additional security and liquidity for the notes and bonds), and the dates, maturities, and other terms and conditions on which the notes or bo nds shall be issued and sold. Any or all of such matters ma y vary from issue to issue and within an issue. Any such resolu tion may set forth the criteria by which any or all of the m atters entrusted to the pe rsons designated in such resolution are to be estab lished or approved, and may grant the power to authorize issua nce of notes or bonds which are exempt from income taxati on under the Internal Revenue Code of 1954, as amended, or which are not exem pt. Notwithstanding any other provision of law, and in addition to any other authority provided by law, w ith respect to mortgage or other loans made by it, the Autho rity may require payments of principal, make interest charges, and impose prepayment premiums or penalties (in addition t o any fees or charges made by the Authority) so that such prin cipal, interest and premiums or penalties are sufficient to en able the Authority to pay when due all principal, interest, and redemption premiums or penalties on any notes or bonds issued by the Authority to finance or continue the financing of such loans (including a proportionate share of such bonds or notes issued to fund reserves or to cover any discount) and to make any required deposits in any reserve funds; and any contract relating to any mortgage or other loan made by the Authority may provide for changes during its term in the rate at which interest shall be paid, to the extent the changes are provided for in order to enable the Aut hority to make payments with respect to bonds or notes as provided in this Section.(Source: P.A. 85-1450; revised 7 -18-24.) Section 195. The Increasing Representation of Women in Technology Task Force Act is amended b y changing Section 5 as follows: (20 ILCS 4131/5) (Section schedu led to be repealed on January 1, 2030) Sec. 5. Increasing Representation of Women in Technology Task Force; membership. (a) The Increasing Represent ation of Women in Technology Task Force is hereby esta blished within the Illinois Workforce Innovation Boar d. (b) The Task Force shall consist of the following members: (1) one member of the Senate, appointed by the President of the Senate; (2) one member of the Senate, app ointed by the Minority Leader of the Senate; (3) one member of the House of Representatives, appointed by the S peaker of the House of Representatives; (4) o ne member of the House of Representatives, appointed by the Minority Leader of the House of Representatives; (5) the Director of the Governor's Offi ce of Management and Budget, or the Director's designee;

(6) one member representing a state wide labor organization, appointed by the Governor; (7) one member representing a national laboratory that is a multi-disciplinary science and engineering research center, appointed by the Governor; (8) the Chief Equity Officer of the State of Illinois Office of Equity or the Chief Equity Officer's designee; (9) one member represe nting local or State economic development interests, appointed by the Governor; (10) one member representin g women in technology, appointed by the Governor; (11) one member representing a technology manufacturing corporation, appointed by th e Governor; (12) 4 members representing companies that have been rec ognized for the recruitment, advancement, and retent ion of women in technology positions an d the corresponding management chain in the last 3 years, appointed by the Governor; (13) one member from a community-based organization that supports women in technology, appointed by the Governor; (14) the Vice C hancellor of Diversity, Equity & Inclusion of the University of Illinois Offic e of the Vice Chancellor of Diversity, Equity & Inclusi on, or the Vice Chancellor's designee; (15) the Executive Director o f the Illinois Community College Board, or the Executive Director's designee; (16) one member with knowledge of d iversity, equity, and inclusion best practices from an advocacy grou p representing women in technology, appointed by the G overnor; and (17) a chairperson of the Illinois W orkforce Innovation Board, appointed by the Illinois Workforce Innovation Board, or that chairperson's designee. (c) The members of the Task Force shall ser ve without compensation. (d) The Task Force s hall meet at least quarterly to fulfill its duties under this Act. At the first meeting of the Task Force, the Task Force shall elect 2 co-chairs

cochairs; one chair shal l be a standing member of the Illinois Workforce Innovation Board, and one chair shall be selected from among members of the Task Force. (e) The Illinois Workforce Innovation Board shall, in consultation with an Illinois public college or university, p rovide administrative and other support to the Task Force.(So urce: P.A. 103-912, eff. 1-1-25; revised 12-1-24.) Section 200. The Water Plan Task Force Act is amended by changing Section 10 as f ollows: (20 ILCS 4132/10) Sec. 10. State Water Plan Task Force. (a) There shall be established within State government and universities an interagency task force which shall be known a s the State Water Plan Task Force. The Task Force sha ll be chaired by the Director of the Office of Water Resources of the Department of Natural Resources and composed of the directors, o r their designee, from the following State entities:

(1) The Office of Resource Conservation of the Department of Natural Resources. (2) The Departme nt of Public Health. (3) The Environme ntal Protection Agency. (4) The Department of Transportation. (5) The Department of Agriculture. (6) The Department of Transp ortation. (7) The Illinois Emergency Management Agency and Off ice of Homeland Security. (8) The Pollution Control Board (9) The Department of Commerce and Economic Opportuni ty. (10) The State Wate r Survey of the University of Illinois. (11) The Water Resource Cente r of the University of Illinois. (b) The Task Force s hall coordinate with State agencies and universities to deve lop a concise plan for addressing water iss ues facing the State. (c) The Task Force shall: (1) identify critical water issues; (2) develop recommendation s to address critical water topic issues; (3 ) implement recommendations; and (4) reevaluate critical water issues and nee ds. (d) The Task Force shall publish a State Water Plan not less t han every 10 years. The Plan shall include:

(1) Identification of critical water topics needing specifi c attention in this State based on stakeholder input sought and provided during the pla n development. (2) A Topic Lead as an individual from the Task Force membership responsibl e for ensuring the development of the Topic Lead's assign ed critical topic section of the Plan. (3) (Blank). Plan development shall include public outreach phases to obtain feedback on the most critical water issues faced by the State and how to ad dress those issues.

(4) Recommendations related to the identified issues for each critical topic , including, but not limited to:

(A) New State programs or modification to existing programs. (B) New or m odified existing policy within a program or agency.

(C) New or modified legislation. (D) Requests fo r a study or research to be completed. (E) Proposals or designs of a construction project. (F) F unding requests for the above listed recommendations.

Plan development shall i nclude public outreach phases to obtain feedback on the most critical water issues faced by the State and how to address those issues. (5) No more than 2 years shall be used to develop a new Plan. (6) The Task Force shall develop and maintain a publicly available website or portal that summarizes proj ects of the Task Force. (e) The Task Forc e shall be responsible for developing membership voting and operational rules. (f) The Task Force shall meet not less than once per quarter each calendar year to:

(1) Update the status of the Plan recommendations by providing an a i mplementation summary that will be published to the official Task Force websi te or portal. (2) Review, evalu ate, and publish an annual report showing the implementation status for each of the Plan's recommendations. (g) The Task Force shall have the authority to:

(1) Create and use subtask forces or committees to identify identifying critical issues and implement implementing recomme ndations related to the Plan. (2) Publish special reports speci fic to critical topics to add clarification and provide addit ional details of action needed. (3) Review and evaluate State laws, rules, regulations, and procedures that relate to water needs in the state. (4) Recommend procedures for better coordination among State wate r-related programs, with local programs and stak eholder groups. (5) Recommend and pr ioritize the State's water-related water related research needs. (6) Review, coordina te, and evaluate water data collection, analysis, and public sharing. (7) Allow member entities to request annual appropriations to resource necessary staff part icipation on the Task Force and resource Plan development.(Sour ce: P.A. 103-917, eff. 1-1-25; revised 12-1-24.) Section 205. The Family Recovery Plans Implementation Task Force Act is amended by changing Sections 15 and 35 as follows: (20 ILCS 4133/15) (Section scheduled to be repea led on January 1, 2027) Sec. 15. Co mposition. The Family Recovery P lan Implementation Task Force is created within th e Department of Human Services and shall consist of member s appointed as follows: (1) The President of the Senate, or his or her designee, shall appoint: one m ember of the Senate; one member representing a state wide organization that advocates on behalf of community -based services for children and families; and one me mber from a statewide organization representing a majority of hospitals. (2) The Senate Min ority Leader, or his or her designee, shall appoint: one m ember of the Senate; one member from an organization conducting quality improve ment initiatives to improve perinatal health; and one member with relevant lived experience, as recommended by a reproductive justice advocacy organ ization with expertise in perinatal and infant health and birth equity. (3) The Speaker of the House of Representatives, or his or her desig nee, shall appoint: one member of the House of Repres entatives; one member who is a licensed obstetrician-gynecologist, as recommended by a statewide organization representing obstetricians and gynecologists; and one member with relevant lived experience, as recom mended by a reproductive justice advocacy organization with expertise in perinatal and infant health and birth equity. (4) The Hou se Minority Leader, or his or her designee, shall appo int: one member of the House of Representatives; one m ember who is a licensed physician specializing in child abuse and neglect, as recommended by a statewide organization representing pedia tricians; and one member who is a licensed physician sp ecializing in perinatal substance use disorder treatment, as recommended by a statewide organization representing physicians.

(5) The Director of C hildren and Family Services, or the Dir ector's designee. (6) The exclusive collective bargaining represe ntative of the majority of front-line employees at th e Department of Children and Family Ser vices, or the representative's designee. (7) The Secretary of Human S ervices, or the Secretary's designee. (8) The Director of Public Health, or the Director's designee. (9) The Cook County Public Guardian, or the Cook County Public Guardian's designee.(Source: P.A. 103-94 1, eff. 8-9-24; revised 10-21-24.) (20 ILCS 4133/35) (Section schedu led to be repealed on January 1, 2027) Sec. 35. Repeal. The Task Force is dissolved, and this Act is repealed , on, January 1, 2027.(Source: P.A. 103-941, eff. 8-9-24; revised 10-21-24.) Section 210. The Opportunities for At-Risk Women Act is amended by changing Section 10 as follows: (20 ILCS 5075/10) Sec. 10. Duties of the Task Force. (a) The Task Force shall strategize and design a plan f or the Department of Commerce and Economic Opportunity to p artner and outsource with State and local governmental agenc ies, companies, and organizations that aid in helping at-risk women and their families become successful productive citizens. (b) This pa rtnership will include material distribution of available resources offered in their communities as well as refer rals to organizations and companies that provide necessary se rvices to aid aide in their success. The following are targeted areas of ass istance and outsourcing: housing assistance; educational in formation on enhancement and advancement; parenting and family bonding classes; financial education and literacy, including budgeting; quality afterschool programming, inc luding tutoring; self-esteem and empowerment classes; healthy relationships classes for the entire family, includi ng warning signs and appropriate handling of bullying; integrit y classes; social etiquette classes; job preparedness workshops; temperament behavior classes, inc luding anger management; addiction and recovery clinics, inc luding referrals; health education classes; job training oppo rtunities; and the expansion of Redeploy Illinois into Cook Count y. (c) For the purposes of this Act, " at-risk women" means w omen who are at increased risk of incarceration because of poverty, abuse, addiction, financial challenges, illiteracy, or other causes. The term "at-risk women" may include, but shall not be limited to, women who have previously been incarcerated.(Sou rce: P.A. 99-416, eff. 1-1-16; revised 7-24-24.) Section 215. The Leg islative Commission Reorganization Act of 1984 is amended by changing Section 4-2.1 as follows: (25 ILCS 130/4-2.1) Sec. 4-2.1. Federal program functions. The Commission on Government Forecasting and Accountability i s established as the information center for the General Assembly in the field of federal-state relations and as State Centra l Information Reception Agency for the purpose of receivin g information from federal agencies under the United States Office of Management and Budget circular A-98 and the United States Department of the Treasury Ci rcular TC-1082 or any successor circ ulars promulgated under authority of the United States Intergovernmental Inter-g overnmental Cooperation Act of 1968. Its powers and duties in th is capacity include, but are not limited to: (a) Compiling and maintaining curren t information on available and pending federal aid programs for the use of the General As sembly and legislative agencies; (b) Analyzing the relationship of federal aid prog rams with state and locally financed programs, and ass essing the impact of federal aid programs on the State ge nerally; (c) Reporting annually to the General Assembly on the adequacy of programs finance d by federal aid in the State, the types and nature o f federal aid programs in which State agencies or local governments did not participate, and to make recommendations o n such matters; (d) Cooperating with the Governor's Office of Management and Budget and with any Sta te of Illinois offices located in Washington, D.C., in o btaining information concerning federal grant-in-aid legislation and proposals having an impact on t he State of Illinois; (e) (Blank); (f) Rece iving from every State agency, other than State colleges and universities, agencies of legislative and judicial branches of State government, and elected State executiv e officers not including the Governor, all applications fo r federal grants, contracts and agreements and noti fication of any awards of federal funds and any and a ll changes in the programs, in awards, in program duration, in sched ule of fund receipts, and in estimated costs to the S tate of maintaining the program if and when federal assist ance is terminated, or in direct and indirect costs, of a ny grant under which they are or expect to be receivin g federal funds; (g) (Blank); and

(h) Reporting such information as is received under subparagraph (f) to the President and Minority Leader of the Senate and the Speaker and Minority Leader of the House of Representatives and their respective appropriation staffs and to any member of th e General Assembly on a monthly basis at the request of the m ember. The State colleges and universitie s, the agencies of the legislative and judicial branches of State government, and the elected State executive offic ers, not including the Governo r, shall submit to the Commission on Government Forecasting and Accountability, in a manner prescribed by the Commission on Government Forecasting and Accountability, summaries of applications for federal funds filed and grants of federal funds awarded.

(Source: P.A. 103-616, eff. 7-1-24; revised 10-23-24.) Section 220. The Legisl ative Reference Bureau Act is amended by changing Section 5.04 as follows: (25 ILCS 135/5.

04) (from Ch. 63, par. 29.4) Sec. 5.04. Codification and revision of statutes. (a) As soon as possible after the effective date of this amendatory Act of 1992, the Legislati ve Reference Bureau shall file with the Index Division of the Of fice of the Secretary of State, the General Assembly, the Governor, and the Supreme Court a compilation of the general Acts o f Illinois. At that time and at any other time the Legislative Reference Bureau may file with the Index Division of the Offic e of the Secretary of State cross-reference tables com paring the compilation and the Illinois Revised Statutes. Th e Legislative Reference Bureau shall provide copies of the documents that are filed to each individual or entity that deli vers a written request for copies to the Legislative Reference Bureau; the Legislative Reference Bureau, by resolution, may establish and charge a reasonable fee for providing copies . The compilation shall take effect on January 1, 1993. T he compilation shall be cited as the "Illinois Compile d Statutes" or as "ILCS". The Ill inois Compiled Statutes, including the statutes t hemselves and the organizational and numbering scheme, shall b e an official compilation of the general Acts of Illinois and s hall be entirely in the public domain for purposes of federa l copyright law. (b) The compilation document that is filed under subsection (a) shall divide the general Acts into major topic areas and into chapters with in those areas; the document shall list the general Acts by tit le or short title, but need not contain the text of the statute s or specify individual Sections of Acts. Chapters shall be numbered. Each Act shall be assigned to a chapter and shall be ordered within that chapter. An Act prefix number shall be designated for each Act within each chapter. Chapter s may be divided into subheadings. Citation to a section of ILCS shall be in the form "X ILCS Y/Z(A)", wh ere X is the chapter number, Y is the Act prefix number, Z is the Section number of the Act, Y/Z is the section number in the chapter of ILCS, and A is the year of publication, if applicable. (c) The Legislati ve Reference Bureau shall make additions, deletions, and change s to the organizational or numbering scheme of the Illinois Compiled Statutes by filing appropriate documents with th e Index Department Division of the Office of the Secretary of State. The Leg islative Reference Bureau shall also provide copies of the docu ments that are filed to each individual or entity that delive rs a written request for copies to the Legislative Referenc e Bureau; the Legislative Reference Bureau, by resolution, may establish and charge a reasonable fee for providing copies. The additions, deletions, and changes to the organizational or numbering scheme of the Illinois Compile d Statutes shall take effect 30 days after filing with the Ind ex Department Division. (d) Omission of an effective Act or Section of an Act from ILCS does not alter the effectiveness of that Act or Section. Inclusion of a repealed Act or Section of an Act in ILCS does not affect the repeal of that Act or Section. (e) In order to a llow for an efficient transition to the organizational and n umbering scheme of the Illinois Compiled Statutes, the State, units of local government, school districts, and other govern mental entities may, for a reasonable period of time, continue to use forms, computer software, systems, and data, pu blished rules, and any other electronically stored information and printed documents that contain references to the Illinois Revised Statutes. However, reports of criminal, traffic, and ot her offenses and violations that are part of a state-wide reporting system shall continue to be made by refer ence to the Illinois Revised Statutes until July 1, 1994, and on and after that date shall be made by reference to the Illin ois Compiled Statutes, except that an earlier conversion dat e may be established by agreement among all of the followi ng: the Supreme Court, the Secretary of State, the Director of S tate Police, the Circuit Clerk of Cook County, and the Cir cuit Clerk of DuPage County, or the designee of each. References to the Illinois Revised Statutes are deemed to be references to the corresponding provisions of the Illi nois Compiled Statutes. (f) The Legislati ve Reference Bureau, with the assistance of the Legislative Information System, shall make its electronic ally stored database of the statutes and the compilation av ailable in an electronically stored medium to those who request it; the Legisla tive Reference Bureau, by resolution, shall establish and c harge a reasonable fee for providing the information.

(g) Amounts received under this Section shall be d eposited into the General Assembly Computer Equipment Re volving Fund. (h) The Legislative Referen ce Bureau shall select subjects and chapters of the statutory law that it considers most in need of a revision and pre sent to the next regular session of the General Assembly bill s covering those revisions. In connection with those revisions, the Legislative Reference Bureau has full authority and respo nsibility to recommend the revision, simplification, and rea rrangement of existing statutory law and the elimination from t hat law of obsolete, superseded, duplicated, and unconsti tutional statutes or parts of statutes, but shall make no othe r changes in the substance of existing statutes, except to the extent those changes in substance are necessary for coherent revision, simplification, rearrangement, or elimination. Revisions reported to the General Assembly may be accompanied by explanatory statements of changes in existing statutes or parts of statutes that those revisions, if enacted, would effect.

(Source: P.A. 86-523; 87-1005; revised 7 -18-24.) Section 225. The State Finance Ac t is amended by setting forth and renumbering multiple versions of Sections 5.10 15, 5.1016, 5.1017, and 6z-140 and by changing Sections 6z-82, 8.3, and 8g-1 as follows: (30 ILCS 105/5.1015

) Sec. 5.1015. The Professions Licensure Fund.(Sourc e: P.A. 103-588, eff. 6-5-24.) (30 IL

CS 105/5.1016) Sec. 5 .1016. The Restore Fund. (Source: P.A. 103-588, eff. 6-5-24.) (30 ILCS 105/5.1017) Sec. 5.1017. The Health Equity and Access Fund.(Source: P.A. 103-588, eff. 6-5-24 .)

(30 ILCS 105/5.1018) Sec. 5.1018 5.1015. The Medical Debt R elief Pilot Program Fund.(Source: P.A. 103-647, eff. 7-1-24; revised 9-23-24.) (30 ILCS 105/5.1019) Sec. 5.1019 5.1015. The Carbon Dioxide Sequestrat ion Administrative Fund.(Source: P.A. 103-651, eff. 7-18-24; revised 9-23-24.) (30 ILCS 105/5.1020) Sec. 5.1020 5. 1015. The International Brotherhood of Electrical Workers Fund.(Source: P.A. 103-665, eff. 1-1-25; revised 12-3- 24.) (30 ILCS 105/5.1021) Sec. 5.1021 5.1015. The Local Food I nfrastructure Grant Fund.(Source: P.A. 103-772, eff. 8-2-24; revised 9-23-24. ) (30 ILCS 105/5.1022) Sec. 5.1022 5 .1015. The Illinois USTA/Midwest Youth Tennis Foundation Fund. (Source: P.A. 103-911, eff. 1-1-25; revised 12-3-24.) (30 ILCS 105/5.1023) Sec. 5.1023 5.1015. The Healthy Forests, Wetlands, and Prairies Grant Fund.(Source: P.A. 103-923, eff. 1-1-25; revised 12-3-24.) (30 ILCS 105/5.1024) Sec. 5.1024 5.1015. The Sons of the American Legion Fund.(Source: P.A. 103-933, eff. 1-1-25; revised 12-3-24.) (30 ILCS 105/5.1025) Sec. 5.102 5 5.1015. The Re al Estate Recovery Fund.(Source: P.A. 103-1039, eff. 8-9-24; revised 9-23-24.) (30 ILCS 105/5.1026) Sec. 5.1026 5.1016. The Environmen tal Justice Grant Fund. (Source: P.A. 103-651, eff. 7-18-24; revised 9-23-24.) (30 ILCS 105/5.1027) Sec. 5 .1027 5.1017. The Wat er Resources Fund. (Source: P.A. 103-651, eff. 7-18-24; revised 9-23-24.) (30 ILCS 105/6z-82) Sec. 6z-82. State Police Operations Assistance Fund. (a) There is created in the State treasur y a special fund known as the State Police Operations Assistanc e Fund. The Fund shall receive revenue under the Criminal and Traffi c Assessment Act. The Fund may also receive revenue from grants, donations, appropriations, and any other legal sour ce. (a-5) This Fund may charge, col lect, and receive fees or moneys as described in Section 15-312 of t he Illinois Vehicle Code and receive all fees received by th e Illinois State Police under that Section. The moneys shall be use d by the Illinois State Police for its expenses in providing police escorts and commercial vehicle enforcement act ivities. (b) The Illinois State Police may use moneys in the Fund to finance any of its lawful purposes or functions. (c) Expenditures may be made from the Fund only as appropriated by the Gene ral Assembly by law. (d) Investment income that is attributable to the investment of moneys in the Fund shall be reta ined in the Fund for the uses specified in this Section. (e) The State P olice Operations Assistance Fund shall not be subject to administrative chargebacks. (f) (Blank). (g) (Blank). (h) (Blank). June 9, 2023 (Public Act 103-34)(Source: P.A. 102-16, eff. 6-17 -21; 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, ef f. 5-13-22; 103-34, eff. 6-9-23; 103-363, eff. 7-28-23; 103-605, eff. 7-1-24; 103-616, eff. 7-1-24; revised 7-2 3-24.) (30 ILCS 105/6z-140)

Sec. 6z-140. Professions Licensure Fund. The Professions Licensure Fund is created as a special fund in the State treasury. The Fund may receive revenue from any authorized source, including, but not limited to, gifts, grants, awards, transfers, and appropriations. S ubject to appropriation, the Department of Financial and P rofessional Regulation may use moneys in the Fund for cost s directly associated with the procurement of electronic da ta processing software, licenses, or any other information te chnology system products and for the ongoing costs of electronic data processing software, licenses, or other information technology system products related to the granting, renewal, or administra tion of all licenses under the Department's jurisdiction. (Source: P.A. 103-588, eff. 6-5-24.) (30 ILCS 105/6z-143) Sec. 6z-143 6z-140.

Medical Debt Relief Pilot Progra m Fund. The Medical Debt Relief Pilot Program Fund is created as a special fund in the State treas ury. All moneys in the Fund shall be appropriated to the Depa rtment of Healthcare and Family Services and expended exclusive ly for the Medical Debt Relief Pilot Program to provide gr ant funding to a nonprofit medical debt relief coordina tor to be used to discharge the medical debt of eligib le residents as defined i n the Medical Debt Relief Act. Based on a budget approved by the Department, the grant funding may also be used for any administrative serv ices provided by the nonprofit medical debt relief coordinator to discharge t he medical debt of eligible residents.(Source: P.A. 103-647, eff. 7-1-24; revised 9-24-24.) (30 ILCS 105/8.3) Sec . 8.3. Money in the Road Fu nd shall, if and when the State of Illinois incurs any bonded in debtedness for the construction of permanent highways, be s et aside and used for the purpose of paying and discharging annually the principal and interest on that bonded indebtedness then due and payable, and for no ot her purpose. The surplus, if any, in the Road Fund after th e payment of principal and interest on that bonded indebtedn ess then annually due shall be used as follows: first -- to p ay the cost of administration of Chapters 2 through 1 0 of the Illinois Vehicle Code, except the cost of adm inistration of Articles I and II of Chapter 3 of that Code, and to pay the costs of the Executive Ethics Commission for oversight and administration of the Chief Procurement Officer a ppointed under paragraph (2) of subsection (a) of Section 10-20 of the Illinois Procurement C ode for transportation; and secondly -- for expenses of the Departm ent of Transportation for construction, reconstruction, im provement, repair, maintenance, operation, and administrati on of highways in accordance with the provisions of laws re lating thereto, or for any purpose related or incid ent to and connected therewith, including the separa tion of grades of those highways with railroads and with h ighways and including the payment of awards made by the Illinois Workers' Compensation Commission under the terms of the Workers' Compensation Act or Workers' Occupational Diseases Ac t for injury or death of an employee of the Division of Highways in the Department of Transportation; or for the a cquisition of land and the erection of buildings for high way purposes, including the acquisition of highway right-of-way or for investigations to determine the r easonably anticipated future highway needs; or for making of surveys, plans, specifications and estimates for and in t he construction and maintenance of flight strips and of h ighways necessary to provide access to military and naval reserv ations, to defense industries and defense-industry sites, and to the sources of raw materials and for replacing existing hi ghways and highway connections shut off from general public use at military and naval reservations and defense-i ndustry sites, or for the purchase of right-of-way, except that the State shall be reimbursed in full for any expense incurred in building the flight strips; or for the operating and maintaining of highway garages; or f or patrolling and policing the public highways and conservi ng the peace; or for the operating expenses of the Department r elating to the administration of public transportation progr ams; or, during fiscal year 2024, for the purposes of a grant not to exceed $9,108,400 to the Regional Transporta tion Authority on behalf of PACE for the purpose of ADA/Para-transit expenses; or, during fiscal year 2025, for the purposes of a grant not to exceed $10,020,0 00 to the Regional Transportation Authority on behalf of PACE for the purpose of ADA/Para-transit expenses; or for an y of those purposes or any other purpose that may be provided by law. A ppropriations for any of those purposes are payable from the Road Fund. Appropriations may also be made from the Road F und for the administrative expenses of any State agency that ar e related to motor vehicles or arise from the use of motor vehicles. Beginning with fiscal year 1980 an d thereafter, no Road Fund monies shall be appropriated to the fo llowing Departments or agencies of State government for administrat ion, grants, or operations; but this limitation is not a res triction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement:

1. Department of Public Hea lth; 2. Department of Transportation, only with res pect to subsidies for one-half fare Student Transport ation and Reduced Fare for Elderly, except fiscal year 202 4 when no more than $19,063,500 may be expended and except fiscal year 2025 when no more than $20,969,900 may be expended; 3. Depar tment of Central Management Services, except for expenditures i ncurred for group insurance premiums of appropriate personnel; 4. Judicial Systems and Agencies. Beginning with fiscal year 1981 an d thereafter, no Road Fund monies shall be appropriated to the fo llowing Departments or agencies of State government for admin istration, grants, or operations; but this limitation is no t a restriction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement: 1. Illi nois State Police, except for expenditures with respect to the Division of Patrol and Division of Criminal Invest igation; 2 . Department of Transportation, only with respect to Int ercity Rail Subsidies, except fiscal year 2024 when no more tha n $60,000,000 may be expended and except fiscal year 2025 when no more than $67,000,000 may be expended, and Rail Freight Services. Beginning with fiscal year 1982 an d thereafter, no Road Fund monies shall be appropriated to the following Departments or agencies of State government f or administration, grants, or operations; but this limit ation is not a restriction upon appropriating for those purp oses any Road Fund monies that are eligible for federal re imbursement: Department of Central Management Services, except f or awards made by the Illinois Workers' Compensation Com mission under the terms of the Workers' Compensation Act or Wor kers' Occupational Diseases Act for injury or death of an emplo yee of the Division of Highways in the Department of Trans portation. Beginning with fiscal year 1984 an d thereafter, no Road Fund monies shall be appropriated to the fo llowing Departments or agencies of State government for admi nistration, grants, or operations; but this limitation is not a restriction upon appropriating for those purposes any R oad Fund monies that are eligible for feder al reimbursement: 1. Illinois State Police, except not more than 40% of the funds a ppropriated for the Division of Patrol and Division of Crimina l Investigation; 2. Stat e Officers. Beginning with fiscal year 19 84 and thereafter, no Road Fund monies shall be appropriated to any Department or agency of State government for admin istration, grants, or operations except as provided hereafter ; but this limitation is not a restriction upon appropri ating for those purposes any Road Fund monies that are eligible fo r federal reimbursement. It shall not be lawful to circ umvent the above appropriation limitations by governmental re organization or other methods. Appropriations shall be made from the Road Fund only in accordance with the provisions of this Section. Money in the Road Fund shall, if an d when the State of Illinois incurs any bonded indebtedness for the construction of permanent highways, be set aside and used for the purpose of paying and discharging during each fiscal year the principal and interest on that bonded indebtedness as it becomes due and payable as provided in the General Obligation Bond Act, and for no ot her purpose. The surplus, if any, in the Road Fund after the payment of prin cipal and interest on that bonded indebtedness then annually due shal l be used as follows: first -- to pay the cost of administra tion of Chapters 2 through 10 of the Illinois Vehicle Code ; and secondly -- no Road Fund monies derived from fees, ex cises, or license taxes relating to registration, operati on and use of vehicles on public highways or to fuels used for the propulsion of those vehicles, shall be appropriated or expended other than for costs of adm inistering the laws imposing those fees, excises, and lice nse taxes, statutory refunds and adjustments allowed t hereunder, administrative costs of the Department of Transp ortation, including, but not limited to, the operating expenses of the Department relating to the administration of p ublic transportation programs, payment of debts and liabilities incurred in construction and reconstruct ion of public highways and bridges, acquisition of righ ts-of-way for and the cost of constructi on, reconstruction, maintenance, repair, and operation of public highways and bridges under the direction and su pervision of the State, political subdivision, or municipal ity collecting those monies, or during fiscal ye ar 2024 for the purposes of a grant not to exceed $9,108,40 0 to the Regional Transportation Authority on behalf of PACE for the purpose of ADA/Para-transit expenses, or during fiscal year 2025 for the purposes of a grant not to exce ed $10,020,000 to the Regional Transportation Authority o n behalf of PACE for the purpose of ADA/Para-tran sit expenses, and the costs for patrolling and policing the publi c highways (by the State, political sub division, or municipality collecting that money) for enfo rcement of traffic laws. The separation of grades of su ch highways with railroads and costs associated with protection of at-grade highway and railroad crossing shall al so be permissible. Appropriations for any of such purposes are payable from the Road Fund or the Grade Cro ssing Protection Fund as provided in Section 8 of the Motor Fue l Tax Law. Except as provided in this paragra ph, beginning with fiscal year 1991 and thereafter, no Road Fund monies shall be appropriated to the Illinois State Police for the purposes of this Section in excess of its total fi scal year 1990 Road Fund appropriations for those purposes un less otherwise provided in Section 5g of this Act. For fiscal y ears 2003, 2004, 2005, 2006, and 2007 only, no Road Fund mo nies shall be appropriated to the Department of State Police for the purposes of this Section in excess of $97,310,000. F or fiscal year 2008 only, no Road Fund monies shall be a ppropriated to the Department of State Police for the purpos es of this Section in excess of $106,100,000. For fiscal ye ar 2009 only, no Road Fund monies shall be appropriated to the Department of State Police for the purposes of this Secti on in excess of $114,700,000. Beginning in fiscal year 2010, no Road Fund moneys shall be appropriated t o the Illinois State Police. It shall not be lawful to circ umvent this limitation on appropriations by governmental reorga nization or other methods unless otherwise provided in Sectio n 5g of this Act. In fiscal year 1994, no Road Fund monies shall be appropriated to the Secretary of Sta te for the purposes of this Sect ion in excess of the total fiscal year 1991 Road Fund ap propriations to the Secretary of State for those purposes, p lus $9,800,000. It shall not be lawful to circumvent this limit ation on appropriations by governmental reorganization or oth er method. Beginning with fiscal year 1995 a nd thereafter, no Road Fund monies shall be appropriated to the Secretary of State for the purpo ses of this Section in excess of the total fiscal year 1994 Road Fund appropriations to the Secretary of State for those purposes. It shall not be lawful to circumvent th is limitation on appropriations by governmental reorganization or other methods. Beginning with fiscal year 2000, total Road Fund appropriations to the Secretary of State for the purposes of this Section shall not exceed the amounts specified for the following fiscal years: 2010, no road fund moneys shall be appropriated to the S ecretary of State. Beginning in fiscal year 2011, moneys in the Road Fund shall be appropr iated to the Secretary of State for the exclusive purpose of pa ying refunds due to overpayment of fees related to Chapter 3 of the Illinois Vehicle Code unless otherwise provided for by law . Beginning in fiscal year 2025, money s in the Road Fund may be appropr iated to the Environmental Protection Agency for the exc lusive purpose of making deposits into the Electric Veh icle Rebate Fund, subject t o appropriation, to be used for purposes consistent with Section 11 of Article IX of the Illinois Constitution.

It shall not be lawful to circumvent this limitat ion on appropriations by governmental reorganization or other methods . No new program may be initiated in fis cal year 1991 and thereafter that is not consistent with the limitations imposed by this Section for fiscal year 1984 and th ereafter, insofar as appropriation of Road Fund monies is concerned. Nothing in th is Section prohibits transfers from the Road Fund to the State Construction Account Fund under Section 5e of this Act; nor to the General Revenue F und, as authorized by Public Act 93-25. The additional amounts authorized for expenditure in this Section by Public Acts 92-0600, 93-00 25, 93-0839, and 94-91 shall be repaid to the Road Fund from the General Re venue Fund in the next succeeding fiscal year that the General Revenue Fund has a positive budgetary balance, as determined by ge nerally accepted accounting principles applicable to governm ent. The additional amounts authorized for expenditure by the Secretary of State and the Departmen t of State Police in this Section by Public Act 94-91 shall be repaid to the Road Fund from the General Revenue Fund in the next succeeding fiscal year that the General Revenue Fund has a positive budgetary balance, as determined by general ly accepted accounting principles applicable to government.(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. 6-7-23; 103-34, eff. 1-1-24; 103-588, eff. 6-5-24; 103-605, eff. 7-1-24; 103-616, eff. 7-1-2 4; revised 8-5-24.) (30 ILCS 105/8g-1) Sec. 8g-1. Fund tr ansfers. (a) (Blank). (b) (Blank). (c) (Blank). (d) (Blank). (e) (Blank). (f) (Blank). (g) (Blank). (h) (Blank). (i) (Blank). (j) (Blank). (k) (Blank). (l) (Blank ). (m) (Blank ). (n) (Blank ). (o) (Blank ). (p) (Blank ). (q) (Blank). (r) (Blank). (s) (Blank). (t) (Blank). (u) (Blank). (v) (Blank). (w) (Blank). ( x) (Blank). (y ) (Blank). (z) (Blank). (aa) (Blank). (bb) (Blank). (cc) (Blank). (dd) (Blank). (ee) (Blank). (ff) (Blank). (gg) (Blank). (hh) (Blank). (ii) (Blank). (jj) (Blank). (kk) (Blank). (ll) (Blank).

(mm) In addition to any other transf ers that may be provided for by law, beginning on June 7, 2023 (the effective date of the changes made to this Section by Public Act 103-8) this amendatory Act of the 1 03rd General Assembly and until June 30, 2024, as directed by the Governor, the State Comptroller s hall direct and the State Treasurer shall transfer up to a total of $1,500,000,00 0 from the General Revenue Fund to the State Coronavirus Urgent Remediation Emergency Fund.

(nn) In addition to any other transf ers that may be provided for by law, beginning on June 7, 2023 (the effective date of the changes made to this Section by Public Act 103-8) this amendatory Act of the 103rd G eneral Assembly and until June 30, 2024, as directed by the Gove rnor, the State Comptroller shall direct and the State Treasure r shall transfer up to a total of $424,000,000 from the Gene ral Revenue Fund to the Build Illinois Bond Fund. (oo) In addition to any other transfer s that may be provided for by law, on July 1, 2023, or as soon thereafter as practical, the State Comptroller shall direct and the State Tre asurer shall transfer the sum of $500,000 from the General R evenue Fund to the Governor's Administrative Fund. (pp) In addition to any ot her transfers that may be provided for by law, on July 1, 2023, or as soon thereafter as practical, th e State Comptroller shall direct and the State Treasurer shall transfer the sum o f $500,000 from the General Revenue Fund to the Grant Accountability and Transparency Fund. (qq) In addition to any other transfer s that may be provided for by law, beginning on July 1, 2024 (the effective date of the ch anges made to this Section by Public Act 103-588) this amendatory Act of the 103rd G eneral Assembly and until June 30, 2024, as directed by the Gove rnor, the State Comptroller shall direct and the State Treasure r shall transfer up to a total of $350,000,000 from the Gene ral Revenue Fund to the Fund for Illinois' Future. (rr) In addition to any other transfer s that may be provided for by law, on July 1, 2024, or as soon thereafter as practical, the State Comptroller shall direct and the State Tre asurer shall transfer the sum of $500,000 from the General R evenue Fund to the Governor's Administrative Fund. (ss) In addition to any ot her transfers that may be provided for by law, on July 1, 2024, or as soon thereafter as practical, th e State Comptroller shall direct and the State Treasurer shall transfer the sum of $500,000 from the General Revenue Fund t o the Grant Accountability and Transparency Fund.

(tt) In addition to any other transfers that may be p rovided for by law, on July 1, 2024, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $25,000,000 from the Viol ent Crime Witness Protection Program Fund to the General Revenue Fund. (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 102-700, Article 40, Section 40-5, eff. 4-19-22; 102-700, Article 80, Section 80-5, eff. 4-19-22; 102-1115, eff. 1-9-23; 103-8, eff. 6-7-23; 103-588, eff. 6-5-24; revised 7-24-24.) Section 230. The Lo cal Government Debt Reform Act is amended by changing Section 17 as follows: (30

ILCS 350/17) (from Ch. 17, par. 6917)

Sec. 17. Leases and installment contracts . (a) Interest not debt; debt on leases and installment contracts. Interest on bonds shall not be in cluded in any computation of indebtedness of a governmenta l unit for the purpose of any statutory provision or limi tation. For bonds consisting of leases and installment or financing contracts: , (1) that portion of payments made by a governmental unit under the terms of a bond designated as interest in the bo nd or the ordinance authorizing such bond shall be treated as interest for purposes of this Section; (2) where portions of payments due under the terms of a bond have not been desi gnated as interest in the bond or the ordinance auth orizing such bond, and all or a portion of such payments i s to be used for the payment of principal of and interest on other bonds of the governmental un it or bonds issued by another unit of local government, such as a public building commission, the payments equal to int erest due on such corresponding bonds shall be treated as i nterest for purposes of this Section; a nd (3) where por tions of payments due under the terms of a bond have not been designated as interest in the bond or ordinance authorizing such bond and no portion of any such paymen t is to be used for the payment of principal of and inter est on other bonds of the governmental unit or another unit of local government, a portion of each payment due under the terms of such bond shall be treated as interest fo r purposes of this Section; such portion shall be equal in amount to the interest that would have been paid on a no tional obligation of the governmental unit (bearing interest at the highest rate permitted by law f or bonds of the governmental unit at the time the bond was issued or, if no such limit existed, 12%) on which the p ayments of principal and interest were due at the same times a nd in the same amounts as payments are due under the terms of the bonds. The rule set forth in this Section shall be applicable to all interest no matter when ear ned or accrued or at what interval paid, and whether or not a bond bears interest which compounds at certain interval s. For purposes of bonds sol d at amounts less than 95% of their stated value at mat urity, interest for purposes of this Section includes the difference between the amount set forth on the face of the bond as the original principa l amount and the bond's stated value at maturity. This subsection may be made applicable to bonds i ssued prior to the effective date of this Act by pass age of an ordinance to such effect by the governing body of a governmental unit. (b) Purchase or lease of property. The governing body of each governmental unit ma y purchase or lease either real or personal property, incl uding investments, investment agreements, or investment serv ices, through agreements that provide that the consider ation for the purchase or lease may be paid through installment s made at stated intervals for a period of no more than 20 yea rs or another period of time authorized by law, whichever is gre ater; provided, however, that investments, investment ag reements, or investment services purchased in connection with a bond issue may be paid through installments made at stated intervals for a period of time not in excess of the maximum term of such bond issue. Each governmental unit may issu e certificates evidencing the indebtedness incurred under the lease or agreement. The governing body may provide for the tr easurer, comptroller, finance officer, or other officer of the governing body charged with financial administration to ac t as counter-party to any such lease or agreement, as n ominee lessor or seller. When the lease or agreement is exe cuted by the officer of the governmental unit authorized by th e governing body to bind the governmental unit thereon by th e execution thereof and is filed with and executed by the no minee lessor or seller, the lease or agreement shall be suffici ently executed so as to permit the governmental unit to issue c ertificates evidencing the indebtedness incurred under th e lease or agreement. The certificates shall be valid whethe r or not an appropriation with respect thereto is inclu ded in any annual or supplemental budget adopted by the go vernmental unit. From time to time, as the governing body ex ecutes contracts for the purpose of acquiring and constructi ng the services or real or personal property that is a part of the subject of the lease or agreement, including fina ncial, legal, architectural, and engineering services re lated to the lease or agreement, the contracts shall be filed with the nominee officer, and that officer shall identif y the contracts to the lease or agreement; that identification shall permit the payment of the contract from the proceeds of the certificates; and the nominee officer shall duly apply or cause to be applied proceeds of the certificates to th e payment of the contracts. The governing body of each gove rnmental unit may sell, lease, convey, and reacquire either real or personal property, or any interest in real or personal property, upon any terms and conditions and in any manner, as the go verning body shall determine, if the governmental unit will le ase, acquire by purchase agreement, or otherwise reacquire t he property, as aut horized by this subsection or any other applicable law. All indebtedness incurred under this subsection, when aggregated with the existing indebtedness of the governmental unit, may not exceed the debt limits provided by applicable law.( Source: P.A. 103-591, eff. 7-1-24; revised 7-24-24.) Section 235. The Build Illinois Bond Act is amended by changing Section 6 as follows: (30 ILCS 425/6) (from Ch. 127, par. 2806) Sec. 6. Conditions for issuance and sale of Bo nds; requirements Bonds - requireme nts for Bonds; master Bonds - master and supplementa l indentures; credit indentures - credit and liquidity enhancement. (a) Bonds shall be issued and so ld from time to time, in one or more series, in such amounts and at such prices as directed by the Governor, upon recommend ation by the Director of the Governor's Office of Management and Budget. Bonds shall be payable only from the specific s ources and secured in the manner provided in this Act. Bond s shall be in such form, in such denominations, mature on such dates within 25 years from their date of issuance, be subject to optional or mandatory redemption, bear interest payable at such times and at such rate or rates, fixed or variable, a nd be dated as shall be fixed and determined by the Director o f the Governor's Office of Management and Budget in an order authorizing the issuance and s ale of any series of Bonds, which order shall be approved b y the Governor and is herein called a "Bond Sale Order"; provided, however, that interest payable at fixed rates shall not exceed that permitted in the Bond Authorization Ac t "An Act to authorize public corp orations to issue bonds, other evidences of indebtedness a nd tax anticipation warrants subject to interest rate limitation s set forth therein", approved May 26, 1970, as now or herea fter amended, and interest payable at variable ra tes shall not exceed the maximum rate permitted in the Bond Sa le Order. Said Bonds shall be payable at such place or places, within or without the State of Illinois, and may be made registrable as to either principal only or as to both princi pal and interest, as shall be specified in the Bond Sale Order. Bonds may be callable or subject to purchase and retirem ent or remarketing as fixed and determined in the Bond Sale Ord er. Bonds (i) except for refunding Bonds satisfying the requi rements of Section 15 of this Act must be issued with principal or mandatory redemption amounts in equal amounts, with the fir st maturity issued occurring within the fiscal year in which t he Bonds are issued or within the next succeeding fisc al year, except that Bonds issued during fiscal year 2025 may b e issued with principal or mandatory redemption amounts in uneq ual amounts, and (ii) must mature or be subject to mandatory re demption each fiscal year there after up to 25 years, except for refunding Bonds sat isfying the requirements of Section 15 of this Act and sol d during fiscal year 2009, 2010, or 2011 which must mature or be subject to mandatory redemption each fiscal year thereafter up to 16 years. All Bonds authorized under th is Act shall be issued pursuant to a master trust indenture ("Master Indenture") executed and delivered on behalf of the S tate by the Director of the Governor's Office of Management an d Budget, such Master Indenture to be in substanti ally the form approved in the Bond Sale Order authorizing the i ssuance and sale of the initial series of Bonds issued under this Act. Such initial series of Bonds may, and each su bsequent series of Bonds shall, also be issued pursuant to a supplemental trust indenture ("Supplemental Indentu re") executed and delivered on behalf of the State by the Di rector of the Governor's Office of Management and Budget, each such Supplemental Indenture to be in substantially the form ap proved in the Bond Sale Order relating to such series. The M aster Indenture and any Supplemental Indenture shall be en tered into with a bank or trust company in the State of Ill inois having trust powers and possessing capital and surp lus of not less than $100,000,000. Such indentures shall set fo rth the terms and conditions of the Bonds and provide f or payment of and security for the Bonds, including the es tablishment and maintenance of debt service and reserve fund s, and for other protections for holders of the Bonds. The term "reserve funds " as used in this Act shall include funds and accounts established under indenture s to provide for the payment of principal of and premium and in terest on Bonds, to provide for the purchase, retirement, or defeasance of Bonds, to provide for fees of trustees , registrars, paying agents, and other fiduciaries and t o provide for payment of costs of and debt service payabl e in respect of credit or liquidity enhancement arrangement s, interest rate swaps or guarantees, or fin ancial futures contracts and indexing and remarketing agents' se rvices. In the case of any series of Bonds be aring interest at a variable interest rate ("Variable Rate Bonds"), in lieu of determining the rate or rates at which such series of Variable Rate Bonds shall bear interest and the p rice or prices at which such Variable Rate Bonds shall be initially sold or remarketed (in the event of purchase and s ubsequent resale), the Bond Sale Order may provide that s uch interest rates and prices may vary from time to time de pending on criteria established in such Bond Sale Order, whic h criteria may include, without limitation, references to indices or variations in interest rates as may, in the judgme nt of a remarketing agent, be necessary to cause Bonds of such series to be rem arketable from time to time at a price equal to their princi pal amount (or compound accreted value in the case of origina l issue discount Bonds), and may provide for appointment o f indexing agents and a bank, trust company, investment bank, or other financial institution to serve as remarketing ag ent in that connection. The Bond Sale Order may provide that alternative interest rates or provisions for establis hing alternative interest rates, different security or claim pri orities, or different call or amortization provisions wil l apply during such times as Bonds of any series are hel d by a person providing credit or liquidity enhancement arran gements for such Bonds as authorized in subsection (b) of Secti on 6 of this Act. (b) In connection with the issuance of any se ries of Bonds, the State may enter into arrangements to pro vide additional security and liquidity for such Bonds, includi ng, without limitation, bond or interest rate insurance or let ters of credit, lines of credit, bond purchase contracts, or other arrangements whereby funds are made av ailable to retire or purchase Bonds, thereby assuring the ability of owners of the Bonds to sell or redeem their B onds. The State may enter into contracts and may agree to pay fees to persons providing such arrangements, but only u nder circumstances where the Director of the Bureau of the Bud get (now Governor's Office of Management and Budget) certifi es that he reasonably expects the total interest paid or to be p aid on the Bonds, together with the fees for the arrangements (being treated a s if interest), would not, taken together, cause the Bonds to bear interest, calculated to their stated maturity, at a rat e in excess of the rate which the Bonds would bear in the abs ence of such arrangements. Any bonds, notes, or other evidences of indebtedness issued pursuant t o any such arrangements for the purpose of retiring and disch arging outstanding Bonds shall constitute refunding Bonds und er Section 15 of this Act. The State may participate in and ent er into arrangements with respect to interest rate swaps or g uarantees or financial futures contracts for the purpose of limiting or restricting interest rate risk; provided that such ar rangements shall be made with or executed through banks having capital and surplus of not less than $100,000,000 or ins urance companies holding the highest policyholder rating accor ded insurers by A.M. Best & Co. or any comparable rating service or government bond dealers reporting to, trading with, and r ecognized as primary dealers by a Federal Reserve Bank a nd having capital and surplus of not less than $100,000,000, or other persons whose debt securities are rated in the highe st long-term categories by both Moody's Investors' Servi ces, Inc. and Standard & Poor's Corporation. Agreement s incorporating any of the foregoing arrangements may be executed and delivered by the Director of the Governor's Office of Management and Budget on behalf of the State in su bstantially the form approved in the Bond Sale Order rela ting to such Bonds. (c) "Build America Bonds" in this Section means Bonds authorized by Section 54AA of the Internal Revenue Code of 1986, as amended ("Internal Revenue Code"), and bonds issued from time to ti me to refund or continue to refund "Build America Bonds". (So urce: P.A. 103-591, eff. 7-1-24; revised 7-24-24.) Section 240. The Illinois Procurement C ode is amended by changing Sections 1-10, 20-60, 45-57, and 45-105 as f ollows:

(30 ILCS 500/1-10) Sec . 1-10. Application . (a) This Code applies on ly to procurements for which bidders, offerors, potential cont ractors, or contractors were first solicited on or after July 1, 1998. This Code shall not be construed to affect or impair any contract, or any provision of a contract , entered into based on a solicitation prior to the implementat ion date of this Code as described in Article 99, including, but not limited to, any covenant enter ed into with respect to any revenue bonds or similar instr uments. All procurements for which contracts are solicited between the effective date of Articles 50 and 99 and July 1, 1998 shall be sub stantially in accordance with this Code and its intent. (b) This Code shall apply regardle ss of the source of the funds with which the contracts a re paid, including federal assistance mo neys. This Code shall not apply to: (1) Contracts between the State and its political subdivisions or other governments, or betwe en State governmental bodies, except as specifically provided in this Code. (2) Grants, except for the filing require ments of Section 20-80. (3) Purchase of care, except as provided in Section 5-30.6 of the Illinois Publi c Aid Code and this Section. (4) Hiri ng of an individual as an employee and not as an independ ent contractor, whether pursuant to an employment code o r policy or by contract directly with that individual. (5) Collective bargainin g contracts. (6) Purc hase of real estate, except that notice of this type of c ontract with a value of more than $25,000 must be pub lished in the Procurement Bulletin with in 10 calendar days after the deed is recorded in the cou nty of jurisdiction. The notice shall identify the r eal estate purchased, the names of all parties to the contract, the value of the contract, and the effective d ate of the contract. (7) Contracts necessary to prepare for anticipated litigat ion, enforcement actions, or investigations, provided th at the chief legal counsel to the Governor shall give hi s or her prior approval when the procuring agency is one subject to the ju risdiction of the Governor, and provided that th e chief legal counsel of any other procuring entity subject to this Code shall give his or her prior approval when the procuring entity is not one subject to the jurisdiction of the Govern or. (8) (Blank). (9) Procurement expenditures by the Illinois Conservation Foundation when only private funds are used. (10) (Blank). (11) Public -private agreements entered into according to the procurement requirements of Sec tion 20 of the Public-Private Partnerships for Tran sportation Act and design-build agreements entere d into according to the procurement requirements of Sectio n 25 of the Public-Private Partnerships for Transpor tation Act. (12) (A) Contracts for legal, financial, and other professional and artistic services entered into by the Illinois Finance Authority in which the State of Ill inois is not obligated. Such contracts shall be awar ded through a competitive process authorized by the members of the Illinois Finance Au thority and are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, and 50-3 7 of this Code, as well as the final approval by the memb ers of the Illinois Finance Authority of the terms of the contract. (B) Con tracts for legal and financial services entered into by th e Illinois Housing Development Authority in connection with the issuance of bonds in whic h the State of Illinois is not obligated. Such contracts shall be awarded through a competitive process authorized by the members of the Illinois Housing Development Authority and a re subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 o f this Code, as well as the final approval by the members of the Illinois Housing Development Authority of the ter ms of the contract. (13) Contrac ts for services, commodities, and equipment to suppor t the delivery of timely forensic science services in consultation with and sub ject to the approval of the Chief Procurement Officer as provided in subsection (d) of Section 5-4-3a of the Unified Code of Corrections, except for th e requirements of Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of this Code; how ever, the Chief Procurement Officer may, in wri ting with justification, waive any certification required under Article 50 of this Code. For any contracts for services which are currently provided by members of a collective bargaining agree ment, the applicable terms of the collective bargaining agree ment concerning subcontracting shall be followed. On and after January 1, 2019, this pa ragraph (13), except for this sentence, is inoperativ e. (14) Contracts for participation expenditures required by a domestic or inter national trade show or exhibition of an exhibitor, member , or sponsor.

(15) Contracts with a railroad or utility that requires the State to reimburse the railroad or utilities for the r elocation of utilities for construction or other publi c purpose. Contracts included within this paragraph ( 15) shall include, but not be limited to, those associa ted with: relocations, crossings, installations, and maintenance . For the purposes of this paragraph (15), "railroad" means any form of non-highway ground transportation that runs on rails or electromagnetic guideways and "utility" mean s: (1) public utilities as defined in Section 3-105 o f the Public Utilities Act, (2) telecommunications carriers as defined in Section 13-202 of the Public Utiliti es Act, (3) electric cooperatives as defined in Section 3.4 o f the Electric Supplier Act, (4) telephone or telecommu nications cooperatives as defined in Section 13-212 of the Public Utilities Act, (5) rural water or waste water sy stems with 10,000 connections or less, (6) a holder as defined in Section 21-201 of the Public Utilitie s Act, and (7) municipalities owning or operating utili ty systems consisting of public utilities as that term is defined in Section 11-117-2 of the Illinois Munici pal Code. (16) Pro curement expenditures necessary for the Department of Publi c Health to provide the delivery of timely newborn screenin g services in accordance with the Newborn Metabolic S creening Act. (17) Pr ocurement expenditures necessary for the Department of Ag riculture, the Department of Financial and Professional Reg ulation, the Department of Human Services, and the Depa rtment of Public Health to implement the Compassionate Use of Medical Cannabis Program and Opioid Alternative Pilot Program requirements and ensure access to medica l cannabis for patients with debilitating medical conditi ons in accordance with the Compassionate Use of Medical C annabis Program Act. (18) This Code does not apply to any procurements necessar y for the Department of Agriculture, the Department of Fin ancial and Professional Regulation, the Department of Hum an Services, the Department of Commerce and Economic Opportunity, and the Department of Public Health to implem ent the Cannabis Regulation and Tax Act if the applicable agency has made a g ood faith determination that it is necessary and appropriate for the expenditure to fall within this exemp tion and if the process is conducted in a manner substantially in accordance with the requirements of Sections 20-160, 25-60, 30-22, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-2 1, 50-35, 50-36, 50-37, 50-3 8, and 50-50 of this Code; however, for Section 50-35, compliance applies only to contracts or subc ontracts over $100,000. Notice of each contract enter ed into under this paragraph (18) that is related to the procurement of goods and services identified in par agraph (1) through (9) of this subsection shall be pu blished in the Procurement Bulletin within 14 calendar da ys after contract execution. The Chief Procurement Officer shall prescribe the form and content of the notice. Each ag ency shall provide the Chief Procurement Officer, o n a monthly basis, in the form and content prescribed by the Chief Procurement Officer, a report of contracts that are related to the procurement of goods and services iden tified in this subsection. At a minimum, this report shall include the name of the contractor, a description of the supply or service provided, the total amount of the contract, the term of the contract, and the exception to t his Code utilized. A copy of any or all of these contr acts shall be made available to the Chief Procurement Officer immediately upon request. The Chief Procurement Of ficer shall submit a report to the Governor and General Assembly no later than November 1 of each year that includes, at a minimum, an annual summar y of the monthly information reported to the Chief Pro curement Officer. This exemption becomes inoperative 5 years after June 25, 2019 (the effective date of Public Ac t 101-27). (19 ) Acquisition of modifications or adjustments, limited to a ssistive technology devices and assistive technology serv ices, adaptive equipment, repairs, and replacement parts to provide reasonable accommodations (i) that ena ble a qualified applicant with a disability to comple te the job application process and be considered for th e position such qualified applicant desires, (ii) that mo dify or adjust the work environment to enable a qualified current employee with a disability to perform the ess ential functions of the position held by that employ ee, (iii) to enable a qualified current employee with a disability to enjoy equal benefits and privileges of employment as are enj oyed by other similarly situated employees without disabilities, and (iv ) that allow a customer, client, claimant, or member of the public seeking State services full use and enjoym ent of and access to its programs, services, or benefits.

For purposes of t his paragraph (19): "Assistive technology devices" means any item, piece of equipment, or product syst em, whether acquired commercially off the shelf, mod ified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. "Assistive technology services" means any servi ce that directly assists an individual with a disability in selection, acq uisition, or use of an assistive technology device. "Qualified" has the sa me meaning and use as provided under the federal Americans with Disabi lities Act when describing an individual with a disabili ty. (20) Procureme nt expenditures necessary for the Illinois Commerce Commission to hire third-party facilitators pursuant to S ections 16-105.17 and 16-108.18 of the Public Utilities Act or an ombudsman pursuant to Section 16-107.5 of the Public Utilities Act, a facilitator pursuant to Section 1 6-105.17 of the Public Utilities Act, or a grid aud itor pursuant to Section 16-105.10 of the Public Utilities Act. (21) Pro curement expenditures for the purchase, renewal, and e xpansion of software, software licenses, or software main tenance agreements that support the efforts of the Ill inois State Police to enforce, regulate, and administer t he Firearm Owners Identification Card Act, the Firearm Con cealed Carry Act, the Firearms Restraining Order Act, the Firearm Dealer License Certification Act, the Law E nforcement Agencies Data System (LEADS), the Uniform Cr ime Reporting Act, the Criminal Identification Act, the I llinois Uniform Conviction Information Act, and the Gun Tr afficking Information Act, or establish or maintain record mana gement systems necessary to conduct human trafficking i nvestigations or gun trafficking or other stolen firearm investigations. This paragrap h (21) applies to contracts entered into on or after Janu ary 10, 2023 (the effective date of Public Act 102-11 16) and the renewal of contracts that are in effect on January 10, 2023 (the effective date of Public Act 102-1116). (22) Contrac ts for project management services and system integratio n services required for the completion of the State's enterprise resource planning project. This exemption becomes inoperative 5 years after June 7, 2023 (the effective dat e of the changes made to this Section by Public Act 103-8). This paragraph (22) applies to contracts entered into on or after June 7, 2023 (the effective date of the changes made to this Section by Public Act 103-8) and the renewal o f contracts that are in effect on June 7, 2023 (the eff ective date of the changes made to this Section by Public Act 103-8). (23) Procurements necessary for the Department of Insurance to implement the Illinois Health Benefits Exch ange Law if the Department of Insurance has made a good faith determinat ion that it is necessary and appropriate for the expend iture to fall within this exemption. The procurement proc ess shall be conducted in a manner substantially in accord ance with the requirements of Sections 20-160 and 25-60 and Art icle 50 of this Code. A copy of these contracts shall b e made available to the Chief Procurement Officer immed iately upon request. This paragraph is inoperative 5 years after June 27, 2023 (the effective date of Pub lic Act 103-103).

(24) Contracts for public education programming, noncommercial sustaining announcem ents, public service announcements, and public awareness and education messaging with the nonprofit trade ass ociations of the providers of those services that info rm the public on immediate and ongoing health and safety ri sks and hazards. (25) Procurements necessary for the Department of Early Chi ldhood to implement the Department of Early Childhood Act if the Department has made a good faith determination that it is necessary and appropriate for the expenditu re to fall within this exemption. This exemption sha ll only be used for products and services procured solel y for use by the Department of Early Childhood. The procure ments may include those necessary to design and build in tegrated, operational systems of programs and services. Th e procurements may include, but are not limited to, those n ecessary to align and update program standards, integ rate funding systems, design and establish data and report ing systems, align and update models for technical assi stance and professional development, design systems to mana ge grants and ensure compliance, design and implement mana gement and operational structures, and establish new means of engaging with families, educators, providers, and stakeholders. The procurement processes shall be conducted in a manner sub stantially in accordance with the requirements of Article 50 (ethics) and Sections 5-5 (Procurement Policy Board) , 5-7 (Commission on Equity and Inclusion), 20-80 (contract files), 20-120 (subcontracto rs), 20-155 (paperwork), 20-160 (ethics/campai gn contribution prohibitions), 25-60 (prevailing wage), and 25-90 (prohibited and authorized cybersec urity) of this Code. Beginning January 1, 2025, th e Department of Early Childhood shall provide a quarterly report to the General Assembly detaili ng a list of expenditures and contracts for which the Department uses this exemption. This paragra ph is inoperative on and after July 1, 2027. (26) (25) Procurements that are necessary for increasing the recruitment and retention of State employees, particularly minority candidates for employment, in cluding: (A) pro curements related to registration fees for job fairs and ot her outreach and recruitment events; (B) production of recruit ment materials; and (C) other services related to recruitment and retention of State employees. The exemption under this paragraph (26) (25) applies only if the State agency has made a goo d faith determination that it is necessary and appropriate for the expenditure to fall within this paragraph (26) (25). The procurement proce ss under this paragraph (26) (25) shall be conducted in a manner substantially in accordance with the req uirements of Sections 20-160 and 25-60 a nd Article 50 of this Code. A copy of these contr acts shall be made available to the Chief Procurement Officer immediately upon request. Nothing in this paragraph (26) (25) authorizes the replacement or diminishment of State resp onsibilities in hiring or the positions that effectuate that h iring. This paragraph (26) (25) is inoperative on and after June 30, 2029.

Notwithstanding any other provision of law, for contracts with an annual value of more t han $100,000 entered into on or after October 1, 2017 under an exemption provided in any paragraph of this subsection (b ), except paragraph (1), (2), or (5), each State agency shal l post to the appropriate procurement bulletin the name of the contractor, a description of the supply or service provi ded, the total amount of the contract, the term of the con tract, and the exception to the Code utilized. The chief procurement officer shall submit a repor t to the Governor and General Assembly no later than November 1 o f each year that shall include, at a minimum, an annual summary of the monthly information reported to the chief procurement offi cer. (c) This Code does not apply to the electric power procurement process provided for under Section 1-75 of the Illinois Power Agency Act and Section 1 6-111.5 of the Public Utilities Act. This Code does not apply to the procurement of technical and policy experts pursuant to Section 1-129 of the Illinois Power Age ncy Act. (d) Except fo r Section 20-160 and Article 50 of this Code, and as expressly required by Section 9.1 of the Illinois Lotte ry Law, the provisions of this Code do not apply to the procu rement process provided for under Section 9.1 of the Illinois Lottery Law. (e) This Code does not apply to the process used by the Capital Development Board to retain a person or e ntity to assist the Capital Development Board with its duties related to the determination of costs of a clean coal SN G brownfield facility, as defined by Section 1-10 of the Illinois Power Agency Act, as required in subsec tion (h-3) of Section 9-220 of the Pu blic Utilities Act, including ca lculating the range of capital costs, the range of operating and maintenance costs, or th e sequestration costs or monitoring the construction of clean coal S NG brownfield facility for the full duration of construction. (f) (Blank). (g) (Bl ank). (h) This Code does not apply to the process to procure or contracts entered into in accordance with Sections 11-5.2 and 11-5.3 of the Illinois Public Aid Code. ( i) Each chief procurement officer may access records nec essary to review whether a contract, purchase, or other expendi ture is or is not subject to the provisions of this Code, un less such records would be sub ject to attorney-client privilege. (j) This Code does not apply to the process used by the Capital Development Board to retain an artist or work or wo rks of art as required in Section 14 of the Capital Developm ent Board Act. (k) This Code does not a pply to the process to procure contracts, or contracts entered into, by the State Board of Elections or the State Electo ral Board for hearing officers appointed pursuant to the Electi on Code. (l) This Code does not appl y to the processes used by the Illinois Student Assistance Commission to procure supplies and services paid for from the private funds of the Illinois Prepaid Tuition Fund. As used in this s ubsection (l), "private funds" means funds derived from dep osits paid into the Illinois Prepaid Tuition Trust Fund and the earnings thereon. (m) This Code shall apply regardless of the source of funds with which contracts are paid , including federal assistance moneys. Except as specifically provided in this Code, this Code shall not apply to p rocurement expenditures necessary for the Department of Public Health to conduct the Healthy I llinois Survey in accordance with Section 2310-431 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. 9-15-21; 102-721, eff. 1-1 -23; 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff. 6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; revised 11-26-24.) (30 ILCS 500/20-60) Sec. 20-60.

Duration of contracts. (a) Maximum duration. A contract ma y be entered into for any period of time deemed to be in the best interests of the State but not exceeding 10 years inclusive, beginning January 1, 2010, of proposed contract re newals; provided, however, in connection with the issuance o f certificates of participation or bonds, the governing board of a public institution of higher education may enter into contr acts in excess of 10 years but not to exceed 30 years for the purpose of financing or refinancing real or personal prope rty. Third parties may lease State-owned communications infrastructure, including dark fiber networks, conduit, and excess co mmunication tower capacity, for any period of time deemed t o be in the best interest of the State, but not exceeding 20 ye ars. The length of a lease for real property or capital improvemen ts shall be in accordance with the provisions of Sectio n 40-25. The length of energy conservation program contr acts or energy savings contracts or leases shall be in accordanc e with the provisions of Section 25-45. A contract for bo nd or mortgage insurance awarded by the Illinois Housing Develop ment Authority, however, may be entered into for any period o f time less than or equal to the maximum period o f time that the subject bond or mortgage may remain outstanding. Contracts may be entered into that extend beyond t he active term of the award, so long as the contract was ent ered into prior to the award expiration date and does not exceed 10 years. (b) S ubject to appropriation. All contracts made or entered i nto shall recite that they are subject to termination and cance llation in any year for which the General Assembly fails t o make an appropriation to make payments under the terms of th e contract. (c) The chief procurem ent officer shall file a proposed extension or renewal of a contract with the Procurement Policy Board and the Comm ission on Equity and Inclusion prior to entering into any exten sion or renewal if the cost associated with the extension or renewal exceeds $249,999. The Procurement Policy Board or the Commission on Equity and Inclusion may object to the propo sed extension or renewal within 14 calendar days and re quire a hearing before the Board or the Commission on Equi ty and Inclusion prior to entering into the extension or renewa l. If the Procurement Policy Board or the Commission on Equit y and Inclusion does not object within 14 calendar days or tak es affirmative action to recommend the extension or renewal, the chi ef procurement officer may enter into the extension or renewal of a co ntract. This subsection does not apply to any emergency procure ment, any procurement under Article 40, or any procurement exempte d by Section 1-10(b) of this Code. If any State agency c ontract is paid for in whole or in part with federal-aid funds, grants, or loans and the provisions of this subsectio n would result in the loss of those federal-aid fu nds, grants, or loans, then the contract is exempt from the pr ovisions of this subsection in order to remain eligible fo r those federal-aid funds, grants, or loans, and the Stat e agency shall file notice of this exemption with the Procur ement Policy Board or the Commission on Equity and Inclus ion prior to entering into the proposed extension or renewal. N othing in this subsection permits a chief procurement offi cer to enter into an extension or renewal in violation of su bsection (a). By August 1 each year, the Procurement Policy Board and the Commission on Equity and Inclusion shall ea ch file a report with the General Assembly identifying f or the previous fiscal year (i) the proposed extensions or ren ewals that were filed and whether such extensions and renewa ls were objected to and (ii) the contracts exempt from this s ubsection. (d) Notwithstanding the provision s of subsection (a) of this Section, the Department of Innov ation and Technology may enter into leases for dark fiber netw orks for any period of time deemed to be in the best interes ts of the State but not exceeding 20 years inclusive. Th e Department of Innovation and Technology may lease dark fi ber networks from third parties only for the primar y purpose of providing services (i) to the offices of Governor , Lieutenant Governor, Attorney General, Secretary of Sta te, Comptroller, or Treasurer and State agencies, as defined under Section 5-15 of the Civil Administrative Code of Illinois or (ii) for anchor institutions, as defined i n Section 7 of the Illinois Century Network Act. Dark fib er network lease contracts shall be subject to all other pro visions of this Code and any applicable rules or requireme nts, including, but not limited to, publication of lease soli citations, use of standard State contracting terms and conditio ns, and approval of vendor certific ations and financial disclosures. (e) As used in this Section, "dark fiber network" means a network of fiber optic cables laid but currently unused by a third pa rty that the third party is leasing for use as network infra structure. (f) No vendor shall be eligible for renewal of a contract when that vendor has failed to meet the goals agreed to in the vendor's utilization plan, as defined in Section 2 of the Business Enterprise for Min orities, Women, and Persons with Disabilities Act, unless the S tate agency or public institution of higher education has det ermined that the vendor made good faith efforts toward mee ting the contract goals. If the State agency or public insti tution of higher education determines that the vendor made goo d faith efforts, the agency or public institution of high er education may issue a waiver after concurrence by th e chief procurement officer, which shall not be unreasonably withheld or impair a State agency determination to exe cute the renewal. The form and content of the waiver sh all be prescribed by each chief procurement officer, but sha ll not impair a State agency or public institution of higher ed ucation determination to execute the renewal. The chief proc urement officer shall post the completed form on his or her o fficial website within 5 business days after receipt from the State agency or public institution of higher education. The ch ief procurement officer shall maintain on his or her offi cial website a database of waivers granted under this Section with respect to contracts under his or her jurisdiction. T he database shall be updated periodically and shall be searchable by contractor name and b y contracting State agency or public institution of higher education. (Source: P.A. 102-29, eff. 6-25-21; 102-721, eff. 1-1-2 3; 103-570, eff. 1-1-24; 103-865, Article 2, Section 2- 5, eff. 1-1-25; 103-865, Article 5, Section 5-5, eff. 1-1-25; revised 11-26-24.) (30 ILCS 500/45-57) Sec. 45-57. Veterans. (a) Set-aside goal. It is the goal of the Stat e to promote and encourage the continued economic development of small businesses owned and controlled by qualified veterans and that qualified service-disabled veteran-o wned small businesses (referred to as SDVOSB) and veteran-owned small businesses (referred to as VOSB) participate in the State's procurement process as both prime contractors a nd subcontractors. Not less than 3% of the total dollar amoun t of State contracts, as defined by the Commission on Equity an d Inclusion, shall be established as a goal to be awarded to SDVOSB and VOSB. That portion o f a contract under which the contractor subcontracts wit h a SDVOSB or VOSB may be counted toward the goal of this sub section. The Commission on Equity and Inclusion shall adop t rules to implement compliance with this subsection by all S tate agencies. (b) Fiscal year reports. By ea ch November 1, each chief procurement officer shall re port to the Commission on Equity and Inclusion on all of the following for the immediately preceding fiscal year, and by each March 1 the Com mission on Equity and Inclusion shall compile and repo rt that information to the General Assembly: (1) The total number of VOSB, and the number of SDVOSB, who submitted bids for contracts under this Code. (2) The total number of VOSB, and the number of SDVOSB, who entered into contracts with the State under this Code and the total value of those contracts.

(b-5) The Commission on Equity and Inclu sion shall submit an annual report to the Governor and the Gener al Assembly that shall include the follow ing: (1) a year-b y-year comparison of the number of certifications the State has issued to veteran-owned small bus inesses and service-disabled veteran-ow ned small businesses; (2) the obstacl es, if any, the Commission on Equity and Inclusion faces when certifying veteran-owned businesses and possible rules or changes to rules to address those issues; (3) a year-by-year comparison of awarded contracts to certified veteran-owned small busine sses and service-disabled veteran-owned small busi nesses; and (4) any other information that the Co mmission on Equity and Inclusion deems necessary to a ssist veteran-owned small businesses and service-dis abled veteran-owned small businesses to become certified w ith the State. The Commission on Equity and Inclusion shall conduct a minimum of 2 outreach ev ents per year to ensure that veteran-owned small busi nesses and service-disabled veteran-owned s mall businesses know about the procurement opportunities an d certification requirements with the State. The Commissio n on Equity and Inclusion may receive appropriations fo r outreach. (c) Yearly r eview and recommendations. Each year, each chief procurement officer shall review the progress of all State agenci es under its jurisdiction in meeting the goal described in subsection (a), with input from statewide veterans' service organizations and from the business community, including busi nesses owned by qualified veterans, and shall make recommendat ions to be included in the Commission on Equity and Inclusion' s report to the General Assembly regarding continuation, i ncreases, or decreases of the percentage goal. The reco mmendations shall be based upon the number of businesses tha t are owned by qualified veterans and on the continued need to encourage and promote businesses owned by qualified veterans. (d) Governor's recommendations. To assist the State in r eaching the goal described in subsection (a), the Gov ernor shall recommend to the General Assembly changes in progra ms to assist businesses owned by qualified veterans. (e) Definitions. As used in this Sectio n: "Armed forces of the United States" means the United States Army, Navy, Air Force , Space Force, Marine Corps, Coast Guard, or service in a ctive duty as defined under 38 U.S.C. Section 101. Servi ce in the Merchant Marine that constitutes active duty unde r Section 401 of federal Public Law Act 95-202 shall also be co nsidered service in the armed forces for purposes of this Section. "Certification" means a determination made by the Illinois Department of Veterans' Affairs and the Commi ssion on Equity and Inclusion that a business entity is a qual ified service-disabled veteran-owned small busi ness or a qualified veteran-owned small business for wh atever purpose. A SDVOSB or VOSB owned and controlled by women, mino rities, or persons with disabilities, as those terms are defined in S ection 2 of the Business Enterprise for Minorities, Wom en, and Persons with Disabilities Act, may also sel ect and designate whether that business is to be certified as a "women-owned business", "minority-owned business", or "business owned by a person with a disa bility", as defined in Section 2 of the Business Enter prise for Minorities, Women, and Persons with Disabi lities Act. "Control" means the exclusive, u ltimate, majority, or sole control of the business, including but n ot limited to capital investment and all other financial matte rs, property, acquisitions, contract negotiations, lega l matters, officer-director-employee selection and comprehensive hiring, operation responsibilities, cos t-control matters, income and dividend matters, fi nancial transactions, and rights of other shareholders or joint partners . Control shall be real, substantial, and continuing, not pr o forma. Control shall include the power to direct or cause the direction of the management and policies of the busine ss and to make the day-to-day as well as major de cisions in matters of policy, management, and operations. Contr ol shall be exemplified by possessing the requisite knowled ge and expertise to run the particular business, and control sh all not include simple majority or absentee ownership. "Qualified service-disabled veteran" means a veteran who has been found to have 10% or more service-connected disability by the United States Department of Vet erans Affairs or the United States Department of Defense. "Qualified service-disabled veteran-owned small business" or "SDVOSB" means a small business (i) tha t is at least 51% owned by one or more qualified service- disabled veterans living in Illinois or, in the case of a corporation, at least 51% of the stock o f which is owned by one or more qualified service-disabled veterans living in Illinois; (ii) that has its home office in Illinois; and (iii) for which items (i) and (ii) are factu ally verified annually by the Commission on Equity and Inclusion . "Qualified veteran-owned small busi ness" or "VOSB" means a small business (i) that is at least 51% owned by one or more qualified veterans living in Illinoi s or, in the case of a corporation, at least 51% of the stock of which is owned by one or more qualified veterans liv ing in Illinois; (ii) that has its home office in Illinois ; and (iii) for which items (i) and (ii) are factually verifi ed annually by the Commission on Equity and Inclusion. "Service-connected disabi lity" means a disability incurred in the line of duty in the a ctive military, naval, or air service as described in 38 U.S. C. 101(16). "Small business" means a busine ss that has annual gross sales of less than $150,000,000 as ev idenced by the federal income tax return of the business. A fi rm with gross sales in excess of this cap may apply to the Commission on Equi ty and Inclusion for certification for a particular contract if the firm can demonstrate that the c ontract would have significant impact on SDVOSB or VOSB as suppliers or subcontractors or in employment of veterans o r service-disabled veterans. "State agen cy" has the meaning provided in Section 1-15.100 of this C ode. "Time of hostilities with a foreign cou ntry" means any period of time in the past, present, or futu re during which a declaration of war by the United States Congr ess has been or is in effect or during which an emergency condition has been or is in effect that is recognized by the issuance of a Presidential proc lamation or a Presidential executive order and in which the a rmed forces expeditionary medal or other campaign service med als are awarded according to Presidential executive orde r. "Veteran" means a person who ( i) has been a member of the armed forces of the United St ates or, while a citizen of the United States, was a member of the armed forces of allies of the United States in time of h ostilities with a foreign country and (ii) has served under one or more of the following conditions: (a) the veteran serv ed a total of at least 6 months; (b) the veteran served for the duration of hostilities regardless of the length of the engagement; (c) the v eteran was discharged on the basis of hardship; or (d) the ve teran was released from active duty because of a service co nnected disability and was discharged under honorable condit ions. (f) Certification program . The Illinois Department of Veterans' Affairs and the Commission on E quity and Inclusion shall work togeth er to devise a certification procedure to assure that businesses taking adv antage of this Section are legitimately classified as q ualified service-disabled veteran-owned small businesses or qualified veteran-owned small businesses. Th e Commission on Equity and Inclusion shall: (1) compile and maintain a comprehensive l ist of certified veteran-owned small business es and service-disabled veteran-owned small businesses; (2) assist veteran-owned small businesses and servic e-disabled veteran-owned small businesses in complying w ith the procedures for bidding on State contracts ; (3) provide training for State agencies regarding the goal setting process an d compliance with veteran-owned small business and servic e-disabled veteran-owned small business goals; and (4) i mplement and maintain an electronic portal on the Commis sion on Equity and Inclusion's website for the purpose of compl eting and submitting veteran-owned small busine ss and service-disabled veteran-owned small bu siness certificates. The Commission o n Equity and Inclusion, in co nsultation with the Department of Veterans' Affairs, may develo p programs and agreements to encourage cities, counties, towns, townships, and other certifying entities to adopt uniform certification proc edures and certification recognition programs. (f-5) A business shall be certified by the Commission on Equity and Inclusion as a service-di sabled veteran-owned small business or a veteran-owned small business for purposes of this Section if the Commissio n on Equity and Inclusion determines that the business has bee n certified as a service-disabled veteran- owned small business or a veteran-owned small business by the Vets First Verification Program of the United States Department of Veterans Affairs, and the busine ss has provided to the Commission on Equity and Inclusio n the following: (1) documentation showing certification as a service -disabled veteran-owned small b usiness or a veteran-owned small business by the Ve ts First Verification Program of the United States Department of Veterans Affairs ; (2) proof that the business has its home office in Illinois; and (3) proof that the qualified veterans or qualified service-disabled veterans live in the State of Illinois. The policies of the Commission on Equ ity and Inclusion regarding recognition of the Vets First Verificatio n Program of the United States Department of Veterans Affairs shall be reviewed annually by the Commission on E quity and Inclusion, and recognition of service-disabled veteran-owned small businesses and veteran-owne d small businesses certified by the Vets First Verification Pro gram of the United States Department of Veterans Affairs ma y be discontinued by the Commission on Equity and Inclusion by rul e upon a finding that the certification stan dards of the Vets First Verification Program of the United States Department of Veterans Affairs do not meet the certificat ion requirements established by the Commission on Equity and In clusion. (g) Penalties. (1) Administrative pena lties. The chief procurement officers appointed pursuant t o Section 10-20 shall suspend any person who commits a violation of Section 17-10.3 or subsection (d) of Section 33E-6 of the Criminal Code of 2012 relatin g to this Section from bidding on, or participating as a co ntractor, subcontractor, or supplier in, any Stat e contract or project for a period of not less than 3 ye ars, and, if the person is certified as a service-disabled veteran-owned small business or a vete ran-owned small business, then the Commission on Equity and Inclusion shall revoke the business's certificat ion for a period of not less than 3 years. An additional o r subsequent violation shall extend the p eriods of suspension and revocation for a period of not l ess than 5 years. The suspension and revocation shall app ly to the principals of the business and any subsequent busine ss formed or financed by, or affiliated with, those pri ncipals. (2) Reports of vio lations. Each State agency shall report any alleged violation o f Section 17-10.3 or subsection (d) of Section 33E-6 of the Criminal Code of 2012 relating to this Secti on to the chief procurement officers appointed pursuant to Section 10-20. Th e chief procurement officers appointed pursuant to Section 10-20 shall subsequently report all such alleged violations to the Attorney General, who shall determine whether to bring a civil action against any person for the violation. (3) List of suspended persons. The c hief procurement officers appointed pursuant to Sec tion 10-20 shall monitor the status of all reported violations of Section 17-10.3 or subsection (d) of Section 33E-6 of the Criminal Code of 1961 or the Criminal C ode of 2012 relating to this Section and shall m aintain and make available to all State agencies a c entral listing of all persons that committed violations res ulting in suspension. (4) Use of suspe nded persons. During the period of a person's suspension und er paragraph (1) of this subsection, a State agency sh all not enter into any contract with that person or with any contractor using the services of that person as a sub contractor. (5) Duty to check list. Each State agency shall check the central listing provided by the chief procurement officers ap pointed pursuant to Section 10-20 under paragraph (3) of th is subsection to verify that a person being awarded a contract by that State agency, o r to be used as a subcontractor or supplier on a contract being awarded by that State age ncy, is not under suspension pursuant to paragraph (1) of this subsection.

(h) On and after November 30, 2021 (the effective date of Public Act 10 2-671) this amendatory Act of the 102nd General Assembly, all powers, d uties, rights, and responsibilities of the Department of Cent ral Management Services with respect to the requirements of thi s Section are transferred to the Commission on Equity and Inclusion. All books, records, papers , documents, property (real and personal), contracts, causes of action, and pending business pertaining to the powers, duties , rights, and responsibilities transferred by P ublic Act 102-671 this amendatory Act from the Department of Cen tral Management Services to the Commission on Equ ity and Inclusion, including, but not limited to, material in e lectronic or magnetic format and necessary computer har dware and software, shall be transferred to the Commission on Equity an d Inclusion. The powers, duties, rights, and responsibilities transferred from the Department of Central Management Services by this amendatory Act shall be vested in and shall be exercised by the Commission on Equity a nd Inclusion. Whenever reports or notices are now required to be made or gi ven or papers or documents furnished or served by any person to or upon th e Department of Central Management Services in connection with any of the powers, duties, right s, and responsibilities transferred by Public Act 102-671 this amendatory Act, the same shall be made, given, fu rnished, or served in the same manner to or upon the Commissi on on Equity and Inclusion. Public A ct 102-671 This amendatory Act of the 102nd General Assembly does not affect any act done, ratified, or canceled or any right occur ring or established or any action or proceeding had or commenced in an administrative, civil, or criminal cause b y the Department of Central Management Services before this amendatory Act takes effect; such actions or pro ceedings may be prosecuted and continued by the Commission on Equity and Inclusion. Any rules of the Department of Central Management Services that relat e to its powers, duties, rights, and responsibilities under this Section and are in full force on the effective date of Public Act 102-671 this amendatory Act of the 102nd General Assembly shall become the rules of the Commission on Equity a nd Inclusion. Public Act 102-671 This amendatory Act does not affect the legality of any such rules in the Illinois Admi nistrative Code. Any proposed rules filed with the Secretary of State by the Department of Central Managem ent Services that are pending in the rulemaking process on November 30, 2021 the effective date of this amendatory Act and pertain to the powers, duties, rights, and responsibilities transferred, shall be deemed to have been filed by the Com mission on Equity and Inclusion. As soon as practicable hereaft er, the Commission on Equity and Inclusion shall revise and clarify the rules transferred to it under P ublic Act 102-671 this amendato ry Act to reflect the reorganization of powers, duties, rights, and responsibilities affected by Pub lic Act 102-671 this amendat ory Act, using the procedures for recodification of rules available under the Illinois Administrative Procedur e Act, except that existing title, part, and section numberi ng for the affected rules may be reta ined. The Commission on Equity and Inclusion may propose and adopt under the Illinois Administrat ive Procedure Act such other rules of the Department of Central Management Services that will now be administered by the Commission on Equity and Inclusion. (Source: P.A. 102-166, eff. 7-26-21; 102-671, eff. 11-30-21; 103-570, eff. 1-1-24; 103-746, eff. 1-1-25; revised 11-22- 24.) (30 ILCS 500/45-105) Sec . 45-105. Bid preferenc e for Illinois businesses. (a) (Blank).

(b) It is hereby declared to be the public policy of the State of Illinois to promote the economy of Illinois through the use of Illinois businesses for all State construction contracts. (c) A construction agency, as de fined in Section 1-15.25, procuring construction s ervices shall make reasonable efforts to contract with Illinoi s businesses. (d) Each construction agency shall submit a report to the Governor and the General Assembly by December 1 of each year that identifies the Illinoi s businesses procured by the construction agency, the prima ry location of the construction project, the percentage of the construction agency's utilization of Illinois bu sinesses on the project as a whole, and the actions that the c onstruction agency has undertaken to increase the use of Ill inois businesses. (e) In procuring construct ion services for projects with a total value that exceeds th e small purchase maximum established by Section 20-20 of this Code, construction agencies shall provide a bid pre ference to a responsive and responsible bidder that is an Illin ois business as defined in this Section. The construction agen cy shall allocate to the lowest bid by an Illinois business tha t is responsible and responsive a bid preference of 4% of the contract base bid. This subsection applies only to proje cts where a business that is not an Illinois business submits a bid. (e-5) The chief proc urement officer shall require at the time of submission o f a bid, and may require at the chief procurement officer's opt ion at any time during the term of the contract, that the bidd er or contractor submit an affidavit and other supporting documents demonstrating that the bidder or contractor is an Il linois business and, if applicable, submit an affidavit and oth er supporting documents demonstrating that the bidder or contractor is eligible for a 4% bid preference under this Secti on. (e-10) If a contractor who is awarded a contract through the use of a preference f or Illinois businesses provided false information in order to obtain that preference, then the contractor is subject to d isciplinary procedures as identified in Section 50-65 of this Act. (f) This Section does not apply to any contract for any project for which federal funds are available for expenditure when its pr ovisions may be in conflict with federal law or federal reg ulation. (g) As used in this Sect ion, "Illinois business" means a contractor that is, for at le ast one year prior, operating and headquartered in Illinois, su bject to applicable State taxes, and providing, at the time that an invitation for a bid or notice of contract opportuni ty is first advertised, construction services. "Illinois business" includes a foreign corporation duly authorized to transact bu siness in this State that has a bona fide establishment for transactin g business within this State where it is operating, headqua rtered, and performing construction or construction-r elated professional services at least one year before an invitation for a bid or notice of contract opportunity is first advertised. "Illinois business" does not include any subcontractors or businesses headquartered ou tside of the State that have an affiliated entity operating in the State.(Source: P.A. 102-721, eff. 1-1-23; 103-570, eff. 1-1-24; 103-865, Art icle 35, Section 35-5, eff. 1-1-25; 103-865, Article 6 5, Section 65-5, eff. 1-1-25; revised 11-26-24.) Section 245. The Commission on Equity and Inclusion Act is amended by changing Section 40-10 as follows: (30 ILCS 574/40-10) (Text of Section before amendment by P.A. 103-961) Se c. 40-10. Powers and duti es. In addition to the other powe rs and duties which may be prescribed in this Act or elsewh ere, the Commission shall have the following powers an d duties: (1) The Com mission shall have a role in all State and university procurement by facilitating and streamlining communications between the Business Enterprise Council fo r Minorities, Women, and Persons with Disabilities, the pu rchasing entities, the Chief Procurement Officers, and oth ers. (2) The Comm ission may create a scoring evaluation for State agenc y directors, public university presidents and chancellor s, and public community college presidents. The scori ng shall be based on the following 3 principles: (i) increasing capacit y; (ii) growing revenue; and (iii) enhancing credentials. These principles should be the foundation of the agency compli ance plan required under Section 6 of the Busine ss Enterprise for Minorities, Women, and Persons with Disabil ities Act. (3) The Commission shall exerci se the authority and duties provided to it under Section 5-7 of the Illinois Procurement Code. (4) The Commission, working with State agencies, shall provide support for diversity in State hir ing. (5) The Commission shall supervise the implementation and effectiveness of supplier diversity training of the State procurement workforce. (6) Each January, and as ot herwise frequently as may be deemed necessary and appro priate by the Commission, the Commission shall pro pose and submit to the Governor and the General Assembly le gislative changes to increase inclusion an d diversity in State government. (7) The Commissi on shall have oversight over the following entities: (A) the Illinois African-American Family Commission; (B) the Illinois Latino Family Commission;

(C) the Asian American Family Commission; (D) the Illinois Muslim American Advisory Council; (E) the Il linois African-American Fair Contracting Commission cre ated under Executive Order 2018-07; and (F) the Busin ess Enterprise Council for Minorities, Women, and Persons with Disabilities. (8) The C ommission shall adopt any rules necessary for th e implementation and administration of the requirements of this Act. (9) The Co mmission shall exercise the authority and d uties provided to it under Section 45-57 of the Illinois Procurement Code. (10) The Commission is responsible for completing studies as required by Section 35-15 of the Illinois Community Reinv estment Act. (Source: P.A. 102-29, eff. 6-25-21; 102-671, eff. 11-30-21; 103-865, eff. 1-1-25; 103-959, eff. 1-1-25; revised 11-26-24.) (Text of Section after amendment by P.A. 103-961) Se c. 40-10. Powers and duti es. In addition to the other powe rs and duties which may be prescribed in this Act or elsewh ere, the Commission shall have the following powers an d duties: (1) The Com mission shall have a role in all State and university procurement by facilitating and streamlining communications between the Business Enterprise Council fo r Minorities, Women, and Persons with Disabilities, the pu rchasing entities, the Chief Procurement Officers, and oth ers. (2) The Comm ission may create a scoring evaluation for State agenc y directors, public university presidents and chancellor s, and public community college presidents. The scori ng shall be based on the following 3 principles: (i) increasing capacit y; (ii) growing revenue; and (iii) enhancing credentials. These principles should be the foundation of the agency compli ance plan required under Section 6 of the Busine ss Enterprise for Minorities, Women, and Persons with Disabil ities Act. (3) The Commission shall exerci se the authority and duties provided to it under Section 5-7 of the Illinois Procurement Code. (4) The Commission, working with State agencies, shall provide support for diversity in State hir ing. (5) The Commission shall supervise the implementation and effectiveness of supplier diversity training of the State procurement workforce. (6) Each January, and as ot herwise frequently as may be deemed necessary and appro priate by the Commission, the Commission shall pro pose and submit to the Governor and the General Assembly le gislative changes to increase inclusion an d diversity in State government. (7) The Commissi on shall have oversight over the following entities: (A) the Illinois African-American Family Commission; (B) the Illinois Latino Family Commission;

(C) the Asian American Family Commission; (D) the Illinois Muslim American Advisory Council; (E) the Il linois African-American Fair Contracting Commission created under Executive Order 2018-07; and (F) the Business Enterpri se Council for Minorities, Women, and Persons with Disabi lities. (7.5) The Co mmission shall have oversight over the collection of suppli er diversity reports by State agencies to the extent th at those agencies are required to collect supplier divers ity reports. This oversight shall include publishing, on the Commission's website, a copy of each such suppli er diversity report submitted to a State agency and may i nclude conducting an annual hearing with each State agen cy to discuss ongoing compliance with supplier diversity r eporting requirements. The Commission is not responsible for ensuring compliance by the filers of supp lier diversity reports to their respective agencies . The agencies subject to oversight by the Commission an d the relevant voluntary supplier diversity repo rts include the following: (A) the Health Facili ties and Services Review Board for hospitals; (B) the Department o f Commerce and Economic Opportunity for tax credit recipients under the Economic Developm ent for a Growing Economy Tax Credit Act; (C) t he Illinois Commerce Commission for utilities and railroads;

(D) the Illi nois Gaming Board for casinos; and (E) the Illinois Racing Board for race tracks. (7 .6) The Commission may hold public workshops focused on specific industries and reports to collaboratively connect diverse enterpri ses with entities that manage supplier diversity programs. Th ese workshops may be modeled after Illinois Commerce Commi ssion hearings for utilities and railroads that include a collaborative discussion of filed supplier diversity reports. (8) The C ommission shall adopt any rules necessary for th e implementation and administration of the requirements of this Act. (9) The Co mmission shall exercise the authority and d uties provided to it under Section 45-57 of the Illinois Procurement Code. (10) The Commission is responsible for completing studies as required by Sectio n 35-15 of the Illinois Community Reinvestment Act. (Source: P.A. 102-29, eff. 6-25-21; 102-671, eff. 11-30-21; 103-865, eff. 1-1-25; 103-959, eff. 1-1-25; 103-961, eff. 7-1-25; revised 11-26-24.) Section 250. The Grant Accountability and Transparency Act is amended by changing Section 15 as follows: (30 ILCS

708/15) Sec. 15. Definit ions. As used in this Act: "Allowable cost" mea ns a cost allowable to a project if: (1) the costs are reasonable and nece ssary for the performance of the award; (2) the costs are allocable to the specific project; (3) the costs are treated consisten tly in like circumstances to both federally-finance d and other activities of the non-federal entity; (4) the costs confo rm to any limitations of the cost principles or the spon sored agreement; (5) t he costs are accorded consistent treatment; a cost may not b e assigned to a State or federal award as a direct cost if any other cos t incurred for the same purpose in like circumstances has been allocated to the award as an indirect cost; (6) the costs are determined to be in accordance with general ly accepted accounting principles; (7) the costs are not included as a cost or used to meet federal cost-sharing or matc hing requirements of any other program in either the current or prior period ; (8) the costs of one State or federal grant are not used to meet the match requirements of anothe r State or federal grant; and

(9) the costs are adequately documented. "Auditee" means any non-federal entity that expends State or federal awards that must be audited. "Auditor" means an auditor who is a pub lic accountant or a federal, State, or local government a udit organization that meets the general s tandards specified in generally-accepted government auditing standards. "Auditor" does not include internal auditors of nonprofit organizations. "Aud itor General" means the Auditor General of the State of Illino is. "Award" means financial assis tance that provides support or stimulation to accomplish a public purpose. "Awards" include grants and other agreemen ts in the form of money, or property in lieu of money, b y the State or federal government to an eligible recipie nt. "Award" does not include: technical assistance that p rovides services instead of money; other a ssistance in the form of loans, loan guarantees, inte rest subsidies, or insurance; direct payments of any kind to i ndividuals; or contracts that must be entered into and adminis tered under State or federal procurement laws and regu lations. "Budget" means the financ ial plan for the project or program that the awarding agency or pass-through entity app roves during the award process or in subsequent amendments to the award. It may include the State or federal and non-federal share or only the State or federal share, as de termined by the awarding agency or pass-through ent ity. "Catalog of Federal Domestic Assistance" or "CFDA" means a datab ase that helps the federal government track all programs i t has domestically funded. "Ca talog of Federal Domestic Assistance number" or "CFDA number" means the number assigned to a federal program in the CFDA. "Catalog of State Financial Assistance" mean s the single, authoritative, statewide, comprehensive sourc e document of State financial assistance program information maintained by the Governor's Office of Management and Budget. "Catalog of State Financial Assistance Number" means th e number assigned to a State program in the Catalog of State F inancial Assistance. The first 3 digits represent the State ag ency number and the last 4 digits represent the program. "Cluster of programs" means a grouping of closely related programs that share common compli ance requirements. The types of clusters of programs are research and dev elopment, student financial aid, and other clusters. A "cluster of programs" shall be considered as one program fo r determining major programs and, with the ex ception of research and development, whether a program-spec ific audit may be elected. "Cognizant agency for audit" means the federal agency designated to carry out th e responsibilities described in 2 CFR 200.513(a). "Contract" means a legal instrument by which a non-federal entity purchases property or services needed to carr y out the project or program under an award. "Contract" does not include a legal inst rument, even if the non-federal entity conside rs it a contract, when the substance of the transac tion meets the definition of an award or subaward. "Contractor " means an entity that receives a contract. "Cooperative agreement" means a legal i nstrument of financial assistance between an awarding ag ency or pass-through entity and a non-feder al entity that: (1) is used to enter into a relationship with the principal purp ose of transferring anything of value from the awarding agency or pass-through entity to the non-federal entity to carry out a public purpose authorized by law, but is not u sed to acquire property or services for the awarding agency's or pass-through entity's direct benefit or use; and

(2) is distinguished from a grant in that i t provides for substantial involvement between the awardin g agency or pass-through entity and the non-f ederal entity in carrying out the activity contemplated by the award. "Cooperative agreement" does not inclu de a cooperative research and development agreement, nor an agreement that provides only direct cash assistance to an individual, a subsidy, a loan, a loan guarantee, or insurance. "Corrective action" means action taken by the auditee that (i) corrects identified deficiencies, (ii) produc es recommended improvements, or (iii) demonstrates that audit findings are either invalid or do not warrant auditee action. "Cost objective" means a pr ogram, function, activity, award, organizational subdivision, cont ract, or work unit for which cost data is desired and for which provision is m ade to accumulate and measure the cost of processes, produc ts, jobs, and capital projects. A "cost objective" may be a major function of the non-federal entity, a particular service or project , an award, or an indirect cost activity. "Cost sharing" means the portion of project co sts not paid by State or federal funds, unless otherwise authorized by statute. "Development" is the systematic use of knowledge and unde rstanding gained from research directed toward the production o f useful materials, devices, systems, or methods, including des ign and development of prototypes and processes. "Data Universal Numbering System num ber" means the 9-digit number established an d assigned by Dun and Bradstreet, Inc. to uniquely identify ent ities and, under federal law, is required for non-federal entit ies to apply for, receive, and report on a federal award. "Direct costs" means costs that can be identified specifically with a particular final c ost objective, such as a Stat e or federal or federal pass-through award or a pa rticular sponsored project, an instructional activity, or any other institutional activity, or that can be directly assigned to such activities relatively easily with a high degree of accura cy. "Equipment" means tangible personal propert y (including information t echnology systems) having a useful life of more than one year and a per-unit acquisition cost that equals or exceeds the lesser of the capitalization level established by t he non-federal entity for financial statement purposes, or $5,000. "Executive branch" means tha t branch of State government that is under the juris diction of the Governor. "Federa l agency" has the meaning provided for "agency" under 5 U. S.C. 551(1) together with the meaning provided for "agency" by 5 U.S.C. 552(f). "Federal award" means: (1) the federal financial assistance that a non-fede ral entity receives directly from a federal awarding agency or indirectly from a pass-through entity; (2) the cost-reimbursem ent contract under the Federal Acquisition Regulations that a non-federal entity receives directly from a federal awarding agency or indirectly from a pass- through entity; or (3) t he instrument setting forth the terms and conditions when the i nstrument is the grant agreement, cooperative agreement, other agreement for assistance covered in 2 CFR 200, Subpart A , Acronyms and Definitions, or the cost-reimb ursement contract awarded under the Federal Acquisition Regulations.

"Federal award" does not include other contracts that a federal agency uses to buy goods or services from a contractor o r a contract to operate federal government owned, con tractor-operated facilities. "Federal awarding agency" means the federal agency that pr ovides a federal award directly to a non-federal entity. "Federal interest" means, for purposes of 2 CFR 200, Subpart D, Post Federa l Award Requirements (Performance and Financial Monitoring an d Reporting) or when used in connection with the acquisition or improvement of real property, equipment, or supplies under a federal award, the dol lar amount that is the product of the federal share of total project costs a nd current fair market value of the property, improvement s, or both, to the extent the costs of acquiring o r improving the property were included as project costs . "Federal program" means any of t he following: (1) All f ederal awards which are assigned a sin gle number in the CFDA. (2) When no CFDA number is assigned, all federal award s to non-federal entities from the same agency made for the same purpose should be combined and considered one program. (3) Notwithstanding paragrap hs (1) and (2) of this definition, a cluster of progra ms. The types of clusters of programs are: (A) research and developme nt; (B) student financial aid; and (C) "other clusters", as described in the definition o f "cluster of programs". "Federal share" means the portion of the total project costs that are paid by feder al funds. "Final cost objective" means a cost objective which has allocated to it both direct and indirect costs and, in the non-federal entity 's accumulation system, is one of the final accumulation poi nts, such as a particular award, internal project, or other d irect activity of a non-federal entity. "Financial assistance" means the following: (1) For grants and cooperative agreem ents, "financial assistance" means assistance that non- federal entities receive or administer in the form of: (A) grants; (B) cooperative agreements; (C) non-cash contributions or donations of proper ty, including donated surplus property; (D) direct appropriations; (E) food commodities; and (F) other financial assistance, except assistance listed in paragr aph (2) of this definition.

(2) "Financial assistance" includes assistanc e that non-federal entities receive o r administer in the form of loans, loan guarantees, in terest subsidies, and insurance. (3) "Financial assistance" does not include amounts re ceived as reimbursement for services rendered to individuals.

"Fixed amount awards" means a type of grant agreement under which the awarding agency or pas s-through entity provides a specific level of support w ithout regard to actual costs incurred under the award. "Fixed amoun t awards" reduce some of the administrative burden and record -keeping requirements for both the non-fede ral entity and awarding agency or pas s-through entity. Accountability is based primar ily on performance and results. "Foreign public entity" means: (1) a foreign government or foreign governmental entity; (2) a public international orga nization that is entitled to enjoy privileges, exemptions, and immuni ties as an international organization under the International Organizations Immunities Act (22 U.S.C. 288-288f) ; ( 3) an entity owned, in whole or in part, or controlled by a foreign government ; or (4) any other e ntity consisting wholly or partially of one or more forei gn governments or foreign governmental entities. "Foreign organization" means an entity that is: (1) a publ ic or private organization located in a country other than t he United States and its territories that are subject to the laws of the country in which it is located, irrespective of the citizenship of project staff or place of performance; (2) a private nongovernmental organiz ation located in a country other than the United Stat es that solicits and receives cash contributions from th e general public; (3 ) a charitable organization located in a country other tha n the United States that is nonprofit and tax exempt u nder the laws of its country of domicile and operation, but is not a university, college, accredited degree-granting institution of education, private foundation , hospital, organization engaged exclusively in resea rch or scientific activities, church, synagogue, mosque, or other similar entity organized primar ily for religious purposes; or (4) an organization located in a country other than the United States not recognized as a Fore ign Public Entity. "General ly Accepted Accounting Principles" has the meaning provided in accounting standards issued by the Government Accounting Stan dards Board and the Financial Accounting Standards Board. "Generally Accepted Government Auditing Standards" means generally accepted government auditing standards issued by the Comptroller General of the Unite d States that are applicable to financial audits. "Grant agreement" means a legal instrument of financial assistance between an awarding ag ency or pass-through entity and a non-federal e ntity that: (1) is used to enter into a relationship, the principal purpose of which is to transfer anything of value from the awardin g agency or pass-through entity to the non-fede ral entity to carry out a public purpose authorized b y law and not to acquire property or services for the awarding ag ency or pass-through entity's direct benefit or use; and (2) is disti nguished from a cooperative agreement in that it does not provide for substantial involvement between the awar ding agency or pass-through entity and the non-federal entity in c arrying out the activity contemplated by the award.

"Grant agreement" does not include an a greement that provides only direct cash assistance to an indiv idual, a subsidy, a loan, a loan guarantee, or insurance.

"Grant application" means a specif ied form that is completed by a non-federal entity in c onnection with a request for a specific funding opportunity or a request for financial support of a project or activity. "Hospital" means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a st ate. "Illinois Debarred and Suspended L ist" means the list maintained by the Governor's Office of Management and Budget that contains the names of those individuals and entities that are ineligible, either temporarily or permanently, from receiving an award of grant funds from the State. "Indirect cost" means those costs incurred for a common or joint purpose benefiting benefitting more than one cos t objective and not readily assignable to the cost objectives specifically benefited benefitted without effort disproportionate to the results achieved. "Inspector General" means the Office of the Execut ive Inspector General for Executive branch agenc ies. "Loan" means a State or federal loan or loan guarantee received or administered by a non-federal entity. "Loan" does not include a "pr ogram income" as defined in 2 CFR 200, Subpart A, Acronyms and Definiti ons. "Loan guarantee" means any State or federal government guarantee, insurance, or othe r pledge with respect to the payment of all or a part of the principal or interest on any debt oblig ation of a non-federal borrower to a non-federal l ender, but does not include the insurance of deposits, shares, or other withdrawable a ccounts in financial institutions.

"Local government" has the meaning provided for the term "units of local government" under Section 1 of Article V II of the Illinois Constitution and includes school districts. "Major program" mean s a federal program determined by the auditor to be a major program in accordance with 2 CFR 200.518 or a prog ram identified as a major program by a federal awarding agency or pass-through entity in accordance with 2 CFR 200.503(e). "Non-federal entity" means a state, local gove rnment, Indian tribe, institution of higher education, or organ ization, whether nonprofit or for-profit, that carries out a Sta te or federal award as a recipient or subrecipient. "Nonprofit organization" means any corporation, trust, association, coopera tive, or other organization, not including institutions of higher education, that:

(1) is operated primaril y for scientific, educational, service, charitable, or similar pur poses in the public interest; (2) is not organized primarily for profit; and (3) uses net proceeds to maintai n, improve, or expand the operations of the organization.

"Obligations", when used in connection with a non-federal entity's utilization of funds under an award, means orders placed for prop erty and services, contracts and subawards made, and similar transactions during a given peri od that require payment by the non-federal entity d uring the same or a future period. "Office of Management and Budget" means the Office of Mana gement and Budget of the Executive Office of the President. "Other clusters" has the mean ing provided by the federal Office of Management and Budge t in the compliance supplement or has the meaning as it is designated by a state for federal awards the state provides to its subrecipie nts that meet the definition of a cluster of programs. W hen designating an "other cluster", a state must identi fy the federal awards included in the cluster and advise the sub recipients of compliance requirements applicable to the cluster. "Oversight agency for audit" m eans the federal awarding agency that provides the predominant amount of funding directly to a non-federal entity n ot assigned a cognizant agency for audit. When there is no direct funding, the awarding agency that is the predominant source of pass-thro ugh funding must assume the oversight responsibilities. The d uties of the oversight agenc y for audit and the process for any reassignments are d escribed in 2 CFR 200.513(b). "P ass-through entity" means a non-federal entity that provi des a subaward to a subrecipient to carry out part of a program. "Private award" means an award from a person or entity ot her than a State or federal entity. Private awards are not subj ect to the provisions of this Act. "Property" means real property or personal property. "Project cost" means total allowable costs incurred under an award and all r equired cost sharing and voluntary committed cost sharing, inc luding third-party contributions. "Public institutions of higher education" has the m eaning provided in Section 1 of the Board of Higher Education Act. "Reci pient" means a non-federal entity that receives an awa rd directly from an awarding agency to carry out an activity und er a program. "Recipient" does not include subrecipien ts. "Research and Development" means all research activities, both basic and applied, and all development activities that are performed by non-fe deral entities. "Single Audit Act " means the federal Single Audit Act Amendments of 1 996 (31 U.S.C. 7501-7507). "State agency" me ans an Executive branch agency. For purposes of this Act, "Sta te agency" does not include public institutions of higher education. "State award" means the financial assistan ce that a non-federal entity receives from the State and that is funded with either State funds or federal funds; in the latter case, the State is acting as a pass-through entity. "State awarding agency" means a State agency that provides an award t o a non-federal entity. "State grant -making agency" has the same meaning as "State awar ding agency". "State interest" means the a cquisition or improvement of real property, equipment, or sup plies under a State award , the dollar amount that is the product of the State share of the total p roject costs and current fair market value of the prope rty, improvements, or both, to the extent the costs of acquiring or improving the property were included as project costs. "State program" means any of the following: (1) All State awards which are a ssigned a single number in the Catalog of State Financial Assistance. (2) When no Catalog of State F inancial Assistance number is assigned, all State awards to non-federal entities from the same agency made for the same purpose are considered one program. (3) A cluster of programs as defined in this Section. "State share" mea ns the portion of the total project costs that are p aid by State funds. "Stop payment order" mea ns a communication from a State grant-making agency to the Office of the Comptro ller, following procedures set out by the Office of the Comptroller, causing the cessation of payments to a recipie nt or subrecipient as a result of the recipient's or subrecipie nt's failure to comply with one or more terms of the grant or subaward. "Stop payment procedure" means the procedure created by the Office of the Compt roller which effects a stop payment order and the lifting of a stop payment order upon the request of the State grant-making agency. "Student Financial Aid" means f ederal awards under those programs of general student assist ance, such as those authorized by Title IV of the Higher Edu cation Act of 1965, as amended (20 U.S.C. 1070-10 99d), that are administered by the United States Department of Education and similar programs provided by other federal agencies. "Student Fi nancial Aid" does not include federal awards under programs that pro vide fellowships or similar federal awards to students on a competiti ve basis or for specified studies or research. "Subaward" means a State or federal award provide d by a pass-through entity to a subrecipient for the subrecipient to carry out part of a federal award received by the p ass-through entity. "Subaward" does not include payme nts to a contractor or payments to an individual that is a benef iciary of a federal program. A "subaward" may be provided through an y form of legal agreement, including an agreement that the pass -through entity considers a contract. "Subrecipient" means a non-feder al entity that receives a State or federal subaward from a pass-through entity to carry o ut part of a federal program. "Subrecipient" does not include an individual that is a beneficiary of such program. A "subr ecipient" may also be a recipient of other State or federal aw ards directly from a State or federal awarding agency. "Suspension" means a post-awa rd action by the State or federal agency or pass-through entity tha t temporarily withdraws the State or federal agency's or pass-through entity's financial assistance sponsorship under an award, pending corrective action by the recipient or subrecipient or pending a decision to terminate the aw ard. "Uniform Administrative R equirements, Costs Principles, and Audit Requirements for Federal Aw ards" means those rules applicable to grants contained in 2 CFR 200. "Voluntary committed cost sharing" means cost sharing specifically pledged on a voluntary basis in the proposal's budget or the award on the part of the non-federal en tity and that becomes a binding requirement of the award.(Sourc e: P.A. 103-616, eff. 7-1-24; revised 10-24-24.)

Section 255. The State Mandates Act is amended by changing Section 8.33 as follows: (30 ILCS 805/8.33) Sec. 8.33. Exempt mandate. (a) (Blank). Notwithstanding the provisions of Sections 6 and 8 of this Act, no reimbursement b y the State is required for the implementation of Section 5-42 of the Oly mpic Games and Paralympic Games (2016) Law. (b) Notwithstanding Sec tions 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by Public Act 96-139, 96-251, 96-260, 96-285, 96-297, 96-299, 9 6-343, 96-357, 96-410, 96-429, 96-494, 96-505, 96-621, 96-650, 96-727, 96-745, 96-749, 96-775, 96-841, or 96-843. (c) Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any man date created by the Identity Protection Act.(Source: P.A. 96-7, eff. 4-3 -09; 96-139, eff. 1-1-10; 96-251, eff. 8-11-09; 96-260, eff. 8-11-09; 96-285, eff. 8-11-09; 96-297, eff. 8-11-09; 96-2 99, eff. 8-11-09; 96-343, eff. 8-11-09; 96-357, eff. 8- 13-09; 96-410, eff. 7-1-10; 96-429, eff. 8-13-09; 96-494, eff. 8-14-09; 96-505, eff. 8-14-09; 96-621, eff. 1-1-10; 96- 650, eff. 1-1-10; 96-727, eff. 8-25-09; 96-745, eff. 8-2 5-09; 96-749, eff. 1-1-10; 96-775, eff. 8-28-09; 96-841, eff. 12-23-09; 96-843, eff. 6-1-10; 96-874, eff. 6-1-10; 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11; revi sed 7-24-24.) Section 260. The Illinois Income Tax Act is amended by changing Sections 203, 244, 304, and 704A and by setting forth, r enumbering, and changing multiple versions of Section 241 as follows:

(35 ILCS 5/203) (from Ch. 1

20, par. 2-203) Sec. 203. Base i ncome defined. (a) Individuals. (1) In general. In the case of an individual, b ase income means an amount equal to the taxpayer's adjusted gro ss income for the taxable year as modified by paragraph (2). (2) Modifications. The adjusted gross income referred to in paragraph (1) shall be modified by adding thereto the sum of the following amounts: (A) An amount equal to all amounts pai d or accrued to the taxpayer as int erest or dividends during the taxable year to the extent exclude d from gross income in the computation of adjusted gr oss income, except stock dividends of qualified p ublic utilities described in Section 305(e) of the Internal Revenue Code; (B) An amount equal to the amount of ta x imposed by this Act to the extent deducted from g ross income in the computation of adjusted gross incom e for the taxable year; (C) An amount equal to the amount rec eived during the taxable year as a recovery or refund o f real property taxes paid with respect to the taxpayer's princi pal residence under the Revenue Act of 1939 and for which a deduction was previously taken under subparagraph (L) of this paragraph (2) prior to July 1, 1991, t he retrospective application date of Article 4 of Public Act 87-17. In the case of multi-unit or multi-use structures and f arm dwellings, the taxes on the taxpayer's principal residence shall be that portion of the total taxes fo r the entire property which is attributable to such principal resid ence; (D) An amount equa l to the amount of the capital gain deduction allowa ble under the Internal Revenue Code, to the extent de ducted from gross income in the computation of adjust ed gross income; (D-5) An amount, to the extent not included in adjusted gross income, equal to the amount of money withdrawn by the taxpayer in the taxable yea r from a medical care savings accou nt and the interest earned on the account in the taxable year of a wi thdrawal pursuant to subsection (b) of Section 20 of the Medical Care Savings Account Act or subse ction (b) of Section 20 of the Medical Care Savings Account Act of 2000; (D-10) For ta xable years ending after December 31, 1997, an amount equal to any eligible remediation costs that the individual deducted in computing adjusted gross income and for which th e individual claims a credit under subsection (l) of Section 201; ( D-15) For taxable years 2001 and thereafter, an amount equal to the bonus depreciation deduction taken on the t axpayer's federal income tax return for the taxable y ear under subsection (k) of Section 168 of the Internal Reve nue Code; (D-16) If the taxpayer sells, tran sfers, abandons, or otherwise disposes of property for which the taxpayer was required in any taxable year to make an addition modification under subparagraph (D-15), then an amou nt equal to the aggregate amount of the deductions ta ken in all taxable years under subparagraph (Z) with r espect to that property. If the taxpayer continues to own pro perty through the last day of the last tax year for which a subtractio n is allowed with respect to that property under subparagr aph (Z) and for which the taxpayer was allowed in an y taxable year to make a subtraction modification under subparagrap h (Z), then an amount equal to that subtraction modification. The taxpayer is required to make the addition modification und er this subparagraph only once with respect to any on e piece of property; (D-17) An amount equal to the amount oth erwise allowed as a deduction in computing base incom e for interest paid, accrued, or incurred, direc tly or indirectly, (i) for taxable years ending on or after December 31, 2004, to a foreign person who would b e a member of the same unitary business group but f or the fact that foreign person's business activity o utside the United States is 80% or more of the foreig n person's total business activity and (ii) for taxable years ending on or after December 31, 2008, to a pers on who would be a member of the same unitary business group but for the fact that the person is prohibited u nder Section 1501(a)(27) from being included in the un itary business group because he or she is ordina rily required to apportion business income unde r different subsections of Section 304. The addition modification required by this subparagraph shall be reduced to the extent that dividends were included in base income of the unitary group for the same tax able year and received by the taxpayer or by a membe r of the taxpayer's unitary business group (includ ing amounts included in gross income un der Sections 951 through 964 of the Internal Revenue Code and amounts included in gross inc ome under Section 78 of the Internal Revenue Code) with resp ect to the stock of the same person to whom the in terest was paid, accrued, or incurred. This paragraph shall not apply to the following: (i) an item of interest paid, accrued, or incurred, directly or indirectly, to a person wh o is subject in a foreign country or state, other than a state which requires mandatory unitary reporting, to a tax on or measured by net income with respect to such inter est; or (ii) an i tem of interest paid, accrued, or incurred, dir ectly or indirectly, to a person if the taxpayer can establish, based on a preponderance of the evidence, both of the following: (a ) the person, during the same taxable year, pai d, accrued, or incurred, the interest to a per son that is not a related member, and (b) the transaction giving rise to the interest expense between the taxpayer and the person did not have as a principal purpose the avoidance of Illi nois income tax, and is paid pursuant to a contra ct or agreement that reflects an arm's-length in terest rate and terms; or (iii) the taxpayer c an establish, based on clear and convincing evidence, that the interest paid, accrued, or incu rred relates to a contract or agreement entered i nto at arm's-length rates and terms and the principal purpose for the payment is not federal o r Illinois tax avoidance; or (iv) an item of interest paid, accrued, or incurred, directly or indirectly, to a person if t he taxpayer establishes by clear and convincing evidence that th e adjustments are unreasonable; or if the taxpayer and the Director agree in writing to th e application or use of an alternative method o f apportionment under Section 304(f). Nothing in this subsection shall preclude the Director f rom making any other adjustment otherwise allowed u nder Section 404 of this Act for any tax year beginning after the effective date of this amendment provided such adjustment is made pursuant to regulation adopted by the Department and such regulatio ns provide methods and standards by which the Departmen t will utilize its authority under Section 404 of this Act; (D-18) An amount equal to the amount of intangible expenses and costs otherwise allowed a s a deduction in computing base income, and that were paid, accrued, or incurred, directly or indirectly, (i ) for taxable years ending on or after December 31, 200 4, to a foreign person who would be a member of the same unitary business group but for the fact that the fore ign person's business activity outside the United S tates is 80% or more of that person's total busine ss activity and (ii) for taxable years ending on or af ter December 31, 2008, to a person who would be a membe r of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary busine ss group because he or she is ordinarily required to apportion business income under different subsect ions of Section 304. The addition modification requi red by this subparagraph shall be reduced to the exten t that dividends were included in base income of t he unitary group for the same taxable year and recei ved by the taxpayer or by a member of the taxpayer's unitary business group (including amounts incl uded in gross income under Sections 951 through 964 o f the Internal Revenue Code and amounts included in gross income under Section 78 of the Internal Revenue Code) with respect to the stock of the same person t o whom the intangible expenses and costs were dir ectly or indirectly paid, incurred, or accrued. The pre ceding sentence does not apply to the extent that th e same dividends caused a reduction to the addition mo dification required under Section 203(a)(2)(D-17) of this Act. As used in this subparagraph, the term " intangible expenses and costs" includes (1) expenses, l osses, and costs for, or related to, the direct or indirect acquisition, use, maintenance or managem ent, ownership, sale, exchange, or any other disp osition of intangible property; (2) losses incurred, d irectly or indirectly, from factoring transactions or discounting transactions; (3) royalty, patent, tec hnical, and copyright fees; (4) licensing fees; and (5) other sim ilar expenses and costs. For purposes of this subparagraph, "intangible property" includes patents, patent applications, trade names, trademarks, service marks, copyrights, mask works, trade se crets, and similar types of intangible assets. This para graph shall not apply to the following:

(i) any item of intangible expenses or costs paid, accrued, or incu rred, directly or indirectly, from a transaction with a person who is subject in a foreign country or state, other than a state which requires mandator y unitary reporting, to a tax on or measured by net income with respect to such item; or

(ii) any item o f intangible expense or cost paid, ac crued, or incurred, directly or indirectly, if the taxpayer can establish, based on a preponderance of the evidence, both of the following: (a) the per son during the same taxable year paid, acc rued, or incurred, the intangible expense or cost to a person that is not a related member, and (b) the transaction giving rise to the intangible expense or cost between the taxpayer and the person did not have as a principal purpose the avoidance of Illinois income tax, an d is paid pursuant to a contract or agreement tha t reflects arm's-length terms; or (iii) a ny item of intangible expense or cost pa id, accrued, or incurred, directly or indirectly, from a transaction with a person if th e taxpayer establishes by clear and convincing evidence, that th e adjustments are unreasonable; or if the taxpayer and the Director agree in writing to th e application or use of an alternative method o f apportionment under Section 304(f); Nothing in this subsection shall preclude the Director f rom making any other adjustment otherwise allowed u nder Section 404 of this Act for any tax year beginning after the effective date of this amendment provided such adjustment is made pursu ant to regulation adopted by the Department and such regulations provide methods and standards by which the Department will utilize its authority under Section 40 4 of this Act; (D-19) For taxable years ending on or after December 31, 2008, an amount equal to the amount o f insurance premium expenses and costs otherwise allowed as a deduction in computing base income, and that were paid, accrued, or incurred, directly o r indirectly, to a person who would be a member of the same unitary business group but for the fact that th e person is prohibited under Section 1501(a)(27) fr om being included in the unitary business group becau se he or she is ordinarily required to apportion busine ss income under different subsections of Section 304. The addition modification required by this s ubparagraph shall be reduced to the extent that divide nds were included in base income of the unitary group for the same taxable year and received by the taxp ayer or by a member of the taxpayer's unitary business g roup (including amounts included in gross incom e under Sections 951 through 964 of the Internal Reven ue Code and amounts included in gross income under Se ction 78 of the Internal Revenue Code) with respe ct to the stock of the same person to whom the premiums and cos ts were directly or indirectly paid , incurred, or accrued. The preceding sentence does not apply to the extent that the same dividends caused a reduction to the addition modification required under Section 203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this Act; (D-20) For taxable years beginning on or after January 1, 2002 and ending on or before Decem ber 31, 2006, in the case of a distribution from a qu alified tuition program under Section 529 of the Intern al Revenue Code, other than (i) a distribution from a College Savings Pool created under Section 16.5 of the State Treasurer Act or (ii) a distribution from th e Illinois Prepaid Tuition Trust Fund, an amount equa l to the amount excluded from gross income under Sectio n 529(c)(3)(B). For taxable years beginning on or aft er January 1, 2007, in the case of a distribution fr om a qualified tuition program under Section 529 of the Internal Revenue Code, other than (i) a distri bution from a College Savings Pool created under S ection 16.5 of the State Treasurer Act, (ii) a d istribution from the Illinois Prepaid Tuition Trust Fund, or (iii) a distribution from a qualified tuition prog ram under Section 529 of the Internal Revenue Code that (I ) adopts and determines that its offering materials co mply with the College Savings Plans Network's dis closure principles and (II) has made reasonable efforts to i nform in-state residents of the existence of in-state qualified tuition programs by informing Il linois residents directly and, where applicable, to inform financial i ntermediaries distributing the program to inform in-state re sidents of the existence of in-state qualified t uition programs at least annually, an amount equ al to the amount excluded from gross income under Section 529(c )(3)(B). For the purposes of this subparagraph (D-20), a qualified tuition program has made reaso nable efforts if it makes disclosures (which may use th e term "in-state program" or "in-sta te plan" and need not specifically refer to Illinois or its q ualified programs by name) (i) directly to prospective par ticipants in its offering materials or m akes a public disclosure, such as a website posting; and (ii) where applicable, to intermediaries selling the out-o f-state program in the same manner that the out-of-state program distributes its offe ring materials; (D-20.5) For taxable years beginning on or afte r January 1, 2018, in the case of a distribution from a qualified ABLE program under Section 529A of the Internal R evenue Code, other than a distribution from a qualified ABLE prog ram created under Section 16.6 of the State Treasurer Ac t, an amount equal to the amount excluded from gross income under Section 529A(c)(1)(B) of the Internal Revenue Code; (D-21) For taxable years beginning on or after Januar y 1, 2007, in the case of transfer of moneys from a qualified tuition program un der Section 529 of the Internal Revenue Code that is administered b y the State to an out-of-state program, an amount equal to the amount of moneys previously deduct ed from base income under subsection (a)(2)(Y) of t his Section; (D-21.5) For taxable years beginning on or after January 1, 2018, in the case of the transfer of moneys from a qualified tuition program under Section 529 o r a qualified ABLE program under Section 529A of the Internal Revenue Code that is administered by this St ate to an ABLE account established unde r an out-of-state ABLE account program, an amount equ al to the contribution component of the transferred am ount that was previously deducted from base income und er subsection (a)(2)(Y) or subsection (a)(2)(HH) of th is Section; (D-22) For taxable years beginning on or after January 1, 2009, and prior to January 1, 2018, in the case of a nonqualified withdrawal or refund of moneys from a qualified tuition program under Se ction 529 of the Internal Revenue Code administered by the State that is not used for qualified expenses at an eligible education institution, an amount equal to the contribution component of the nonqualifi ed withdrawal or refund that was previously dedu cted from base income under subsection (a)(2)(y) of this Section, provided that the withdrawal or ref und did not result from the beneficiary's death or disa bility. For taxable years beginning on or after Ja nuary 1, 2018: (1) in the case of a nonqualified withd rawal or refund, as defined under Section 16.5 of the State Treasurer Act, of moneys from a qualified tu ition program under Section 529 of the Internal Revenue Code administered by the State, an amount equal to the contribution component of the nonqualified withd rawal or refund that was previously deducted from base income under subsection (a)(2)(Y) of this Section, and (2) in the case of a nonqualified withdrawal or r efund from a qualified ABLE program under Section 529A of the Internal Revenue Code administered by the State that is not used for qualified disability expenses, an amo unt equal to the contribution component of the nonqualified withdrawal or refund that was previousl y deducted from base income under subsection (a)(2)(HH) of this Section;

(D-23) An amount equal to th e credit allowable to the taxpayer under Section 218(a) of this Act, determined without regard to Section 2 18(c) of this Act; (D-24) For taxable years ending on or after December 31, 2017, an amount equal to the deduction allowed under Section 199 of t he Internal Revenue Code for the taxable year; (D-25) In th e case of a resident, an amount equal to the amount of tax fo r which a credit is allowed pursuant to Section 201(p) (7) of this Act; and by deducting from the total so obtained the sum of th e following amounts: (E) For taxable years ending before Decemb er 31, 2001, any amount included in such total in respect of any compensation (including but not limit ed to any compensation paid or accrued to a serviceman while a prisoner of war or missing in action) paid to a resident by reason of being on active duty in the A rmed Forces of the United States and in respect of any compensation paid or accrued to a resident who as a governmental employee was a prisoner of war or mi ssing in action, and in respect of any compensation p aid to a resident in 1971 or thereafter for annual tra ining performed pursuant to Sections 502 and 503, Tit le 32, United States Code as a member of the Illin ois National Guard or, beginning with taxable yea rs ending on or after December 31, 2007, the Nati onal Guard of any other state. For taxable years ending on or after December 31, 2001, any amount included in such total in respect of any compensation (inc luding but not limited to any compensation paid or ac crued to a serviceman while a prisoner of war or mi ssing in action) paid to a resident by reason of being a member of any component of the Armed Forces of the United States and in respect of any compensatio n paid or accrued to a resident who as a governm ental employee was a prisoner of war or missing in ac tion, and in respect of any compensation paid to a re sident in 2001 or thereafter by reason of bei ng a member of the Illinois National Guard or, beginning wi th taxable years ending on or after December 31, 2 007, the National Guard of any other state. The prov isions of this subparagraph (E) are exempt from the pr ovisions of Section 250; (F) An amount equal to all amounts i ncluded in such total pursuant to the provisions of Sec tions 402(a), 402(c), 403(a), 403(b), 406(a), 407 (a), and 408 of the Internal Revenue Code, or included in such total as distributions under the provision s of any retirement or disability plan for employees of any governmental agency or unit, or retirement payments to retired partners, which payments are excluded in computing net earnings fro m self employment by Section 1402 of the Internal Reven ue Code and regulations adopted pursuant thereto; (G) The valuation limitation amount; (H) An amount equal t o the amount of any tax imposed by this Act which wa s refunded to the taxpayer and included in such total for the taxable year; (I) An amount equal to all amounts included in such total pu rsuant to the provisions of Section 111 of the Int ernal Revenue Code as a recovery of items pre viously deducted from adjusted gross income in the c omputation of taxable income; (J) An amount equal to those dividends included in such total which were paid by a corporation which conducts business operations in a River Edge Red evelopment Zone or zones created under the River Edge Redevelop ment Zone Act, and conducts substantially all of its operations in a River Edge Redevelopment Zone or z ones. This subparagraph (J) is exempt from the provisions of Section 250; (K) An amount equal to those dividends included in s uch total that were paid by a corporation that conduc ts business operations in a federally designated Foreig n Trade Zone or Sub-Zone and that is designate d a High Impact Business located in Illinois; provided that dividends eligible for the deduction provided in subpa ragraph (J) of paragraph (2) of this subsection sh all not be eligible for the deduction provided under this subparagraph (K);

(L) For taxable years ending after December 31, 1983, an amount equal to all social security bene fits and railroad retirement benefits included in suc h total pursuant to Sections 72(r) and 86 of the Inter nal Revenue Code; (M) With the exception of any amounts subtracted under subparagraph (N), an amount equal to the su m of all amounts disallowed as deductions by (i) Sections 171(a)(2) and 265(a)(2) of the Inter nal Revenue Code, and all amounts of expenses allocabl e to interest and disallowed as deductions by Sectio n 265(a)(1) of the Internal Revenue Code; and (ii ) for taxable years ending on or after August 13, 1999, Sections 171(a)(2), 265, 280C, and 832(b)( 5)(B)(i) of the Internal Revenue Code, plus, f or taxable years ending on or after December 31, 2011, Section 45G(e)(3) of the Internal Revenue Code and, for taxable years ending on or after Dece mber 31, 2008, any amount included in gross income under Section 87 of the Internal Revenue Code; the pro visions of this subparagraph are exempt from the provis ions of Section 250;

(N) An amount equal to all amounts included in su ch total which are exempt from taxation by this State either by reason of its statutes or Constitution or by reason of the Constitution, treaties or statutes of the Unit ed States; provided that, in the case of any statute of this S tate that exempts income derived from bonds or other obligations from the tax imposed under this Act, the amount exempted shall be the interest net of bond premium amortization; (O) An amount eq ual to any contribution made to a job training project established pursuant to the Tax Increment Allocation Re development Act; (P) An amount equal to the amount of the deduction u sed to compute the federal income tax credit for resto ration of substantial amounts held under claim of right for the taxable year pursuant to Section 1341 of the Internal Revenue Code or of any itemized deduction taken from adjusted gross income in the computation of taxable income for restoration of substantial amounts held under claim of right for the taxable year; (Q) An amoun t equal to any amounts included in such total, received by the t axpayer as an acceleration in the payment of life, endowment or annuity benefits in advance of the time they would otherwise be payable as an ind emnity for a terminal illness; (R) An amount equal to the amount of any federal or State bonus paid to veterans of the Persian Gulf War; (S) An amount, to the extent included i n adjusted gross income, equal to the amount of a cont ribution made in the taxable year on behalf of the tax payer to a medical care savings account established under the Medical Care Savings Account Act or the Medical Care Savings Account Act of 2000 to the extent the contribu tion is accepted by the account administrator as provid ed in that Act;

(T) An amount, to the extent included in adj usted gross income, equal to the amount of interest earned in the taxable year on a medical care savings account established under the Medic al Care Savings Account Act or the Medical Care Savings Account Act of 2000 on behalf of the taxpayer, other t han interest added pursuant to item (D-5) of th is paragraph (2);

(U) For one taxable year beginning on or after January 1, 1994, an amount equa l to the total amount of tax imposed and paid under subsecti ons (a) and (b) of Section 201 of this Act on grant am ounts received by the taxpayer under the Nursing Hom e Grant Assistance Act during the taxpayer's taxable ye ars 1992 and 1993; (V) Beginning with tax years ending on or after D ecember 31, 1995 and ending with tax years ending on or b efore December 31, 2004, an amount equal to the amou nt paid by a taxpayer who is a self-employed taxpayer, a partner of a partnership, or a shareholder in a Su bchapter S corporation for health insurance or long-term care insurance for that taxpayer or that taxpayer's spouse or dependents, to the extent tha t the amount paid for that health insurance or long-term care insurance may be deducted under Secti on 213 of the Internal Revenue Code, has not been dedu cted on the federal income tax return of the taxpa yer, and does not exceed the taxable income attributabl e to that taxpayer's income, self-employment inco me, or Subchapter S corporation income; except that no d eduction shall be allowed under this item (V) if t he taxpayer is eligible to participate in any health insurance or long-term care insurance plan of an employ er of the taxpayer or the taxpayer's spouse. T he amount of the health insurance and long-term care insurance subtracted under this item (V) shall be determined by multiplying total health insurance and long-term care insuranc e premiums paid by the taxpayer times a number that repr esents the fractional percentage of eligible medical expenses under Section 213 of the Internal R evenue Code of 1986 not actually deducted on the tax payer's federal income tax return; (W) For taxable yea rs beginning on or after January 1, 1998, all amounts inc luded in the taxpayer's federal gross income in the t axable year from amounts converted from a regular IRA to a Roth IRA. This paragraph is exempt from the pro visions of Section 250; (X) For taxable year 1999 and thereafter, an a mount equal to the amount of any (i) distributions, t o the extent includible in gross income for federal i ncome tax purposes, made to the taxpayer because of hi s or her status as a victim of persecution for rac ial or religious reasons by Nazi Germany or an y other Axis regime or as an heir of the victim and (ii) items of income, to the extent includible in gross income for federal income tax purposes, attributable t o, derived from or in any way related to asse ts stolen from, hidden from, or otherwise lost to a victim of persecution for racial or religious reasons by Nazi Germany or any other Axis regime immediately prior to, during, and immediately after World War I I, including, but not limited to, interest on the proce eds receivable as insurance under policies issued to a victim of persecution for racial or religious reason s by Nazi Germany or any other Axis regime by Eur opean insurance companies immediately prior to and du ring World War II; provided, however, this subtracti on from federal adjusted gross income does not ap ply to assets acquired with such assets or with the proceeds from the sale of such assets; provided, furth er, this paragraph shall only apply to a taxpayer who w as the first recipient of such assets after their rec overy and who is a victim of persecution for racial or r eligious reasons by Nazi Germany or any other Axis regime or as an heir of the victim. The amount of and the eligibility fo r any public assistance, benefit, or similar entitlement is not affected by the inclusion of items (i) and (i i) of this paragraph in gross income for federal i ncome tax purposes. This paragraph is exempt from the p rovisions of Section 250;

(Y) For taxable years beginning on or after January 1, 2002 and ending on or before Decembe r 31, 2004, moneys contributed in the taxable year to a College Savings Pool account under Section 16.5 of t he State Treasurer Act, except that amounts excluded from gross income under Section 529(c)(3)(C)(i) of the Internal Revenue Code shall not be considered mo neys contributed under this subparagraph (Y). For taxa ble years beginning on or after January 1, 2005, a maximum of $10,000 contributed in the taxable year t o (i) a College Savings Pool account under Section 16. 5 of the State Treasurer Act or (ii) the Illino is Prepaid Tuition Trust Fund, except that amou nts excluded from gross income under Section 529(c)(3)( C)(i) of the Internal Revenue Code shall not be consid ered moneys contributed under this subparagraph (Y). For purposes of this subparagraph, contributions made by an employer on beh alf of an employee, or matching contributions made by a n employee, shall be treated as made by the employee. This subparagraph (Y) is exempt from the provisions of Section 250; (Z) For taxable years 2001 and thereafter, for the taxable year in which the bonus depreciation deduction is taken on the taxpay er's federal income tax return under subsect ion (k) of Section 168 of the Internal Revenue Co de and for each applicable taxable year thereaf ter, an amount equal to "x", where: (1) "y" e quals the amount of the depreciation deduction taken for the taxable year on the taxpayer's federal income tax return on property for which the bonus depreciation deduction was taken i n any year under subsection (k) of Section 16 8 of the Internal Revenue Code, but not i ncluding the bonus depreciation deduction; (2) for tax able years ending on or before December 31, 2005, "x" equa ls "y" multiplied by 30 and then divided by 70 (or "y" multiplied by 0.429); and (3) for t axable years ending after December 31, 2 005: ( i) for property on which a bonus depreciation deduction of 30% of the adjusted basis was tak en, "x" equals "y" multiplied by 3 0 and then divided by 70 (or "y" multiplied by 0.429); (ii) for property on which a bonus depreciatio n deduction of 50% of the adjusted basis was taken, "x" equals "y" multiplied by 1.0;

(iii) for property on which a bo nus depreciation deduction of 100% of the adjusted basis was taken in a taxable year ending on or after D ecember 31, 2021, "x" equals the depreciation deduction tha t would be allowed on that property if the ta xpayer had made the election under Section 1 68(k)(7) of the Internal Revenue Code to not cl aim bonus depreciation on that property; and

(iv) for property on which a bonus de preciation deduction of a percentage o ther than 30%, 50% or 100% of the adjusted bas is was taken in a taxable year ending on or after December 31, 2021, "x" equals "y" multiplied by 100 times the per centage bonus depreciation on the property (that is, 10 0(bonus%)) and then divided by 100 times 1 minus the percentage bonus depreciation on the property (t hat is, 100(1-bonus%)).

The aggregate amount deducted under this subparagraph in all taxable years for any one piece of property may not exceed the amou nt of the bonus depreciation deduction taken on that property on the taxpayer's federal income tax return und er subsection (k) of Section 168 of the Internal Reve nue Code. This subparagraph (Z) is exempt from the provision s of Section 250; (AA) If the taxpay er sells, transfers, abandons, or otherwise disposes of proper ty for which the taxpayer was required in any taxable year to make an addition modification under s ubparagraph (D-15), then an amount equal to that addition modification. If the taxpayer continues to own property th rough the last day of the last tax year for which a subtraction is allowed with respect to that property under subparagraph ( Z) and for which the taxpayer was required in any taxa ble year to make an addition modification under subp aragraph (D-15), then an amount equal to that ad dition modification. The taxpayer is allowed to take the deduction under this subparagraph only once with respect to any o ne piece of property. This subparag raph (AA) is exempt from the provisions of Section 250; (BB) Any amount inc luded in adjusted gross income, other than salary, received by a driver in a ridesharing arrangement usi ng a motor vehicle; (CC) The amount of (i) any interest income (n et of the deductions allocable thereto) taken into account for the taxable year with respect to a transaction with a taxp ayer that is required to make an addition modification with respect to such transaction under Section 203(a)( 2)(D-17), 203(b)(2)(E-12), 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed t he amount of that addition modification, a nd (ii) any income from intangible property (net of the deductions alloc able thereto) taken into account for the taxable year with respect to a transaction with a taxpayer that is required to make an addition modification with respect to such transacti on under Section 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or 203(d)(2)(D-8 ), but not to exceed the amount of that additi on modification. This subparagraph (CC) is exempt from the provisions of Section 250; (DD) An amount equal to the interest income taken into account for the taxable y ear (net of the deductions allocable thereto) with respect to transactions with (i) a foreign person who w ould be a member of the taxpayer's unitary business group but for the fact that the foreign person's b usiness activity outside the United States is 80 % or more of that person's total business activity an d (ii) for taxable years ending on or after Decem ber 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the p erson is prohibited under Section 1501(a)(27) from being included in the unitary business group be cause he or she is ordinarily required to apportion bu siness income under different subsections of Section 304, but not to exceed the addition modificati on required to be made for the same taxable year under Section 203(a)(2)(D-17) for interest paid, accrued, or i ncurred, directly or indirectly, to the same person. This subparagraph (DD) is exempt from the provisions o f Section 250; (EE) An amount equal to the income from int angible property taken into account for the taxable y ear (net of the deductions allocable thereto) with respect to transactions with (i) a foreign person who w ould be a member of the taxpayer's unitary business group but for the fact that the foreign person's b usiness activity outside the United States is 80 % or more of that person's total business activity an d (ii) for taxable years ending on or after Decem ber 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the p erson is prohibited under Section 1501(a)(27) from being included in the unitary business group becau se he or she is ordinarily required to apportion busine ss income under different subsections of Section 30 4, but not to exceed the addition modification required to be made for t he same taxable year under Section 203(a)(2)(D-18) for i ntangible expenses and costs paid, accrued, or in curred, directly or indirectly, to the same foreign pe rson. This subparagraph (EE) is exempt from the pr ovisions of Section 250; (FF) An amount equal to any amount awarde d to the taxpayer during the taxable year by the Court of Claim s under subsection (c) of Section 8 of the Court of Clai ms Act for time unjustly served in a State pri son. This subparagraph (FF) is exempt from the provisions o f Section 250; (GG) For taxable years ending on or after D ecember 31, 2011, in the case of a taxpayer who was re quired to add back any insurance premiums under Sectio n 203(a)(2)(D-19), such taxpayer may elect to subtract that part of a reimbursement received from the insurance company equal to the amount of the expense or loss (including expenses incurred by the in surance company) that would have been taken into account as a deduction for federal income tax pur poses if the expense or loss had been uninsured. If a taxpayer makes the election provided for by this subparagraph (GG), the insurer to which the prem iums were paid must add back to income the amount subtra cted by the taxpayer pursuant to this subparagra ph (GG). This subparagraph (GG) is exempt from the prov isions of Section 250; (HH) For taxable years beginning on or after January 1, 2018 and prior to January 1, 2028, a maximum of $10,000 contributed in the taxa ble year to a qualified ABLE account under Section 16 .6 of the State Treasurer Act, except that amounts ex cluded from gross income under Section 529(c)(3)(C )(i) or Section 529A(c)(1)(C) of the Internal Revenue Code shall not be considered moneys contributed under this subparagraph (HH). For purp oses of this subparagraph (HH), contributions made by an employer on behalf of an employee, or matching contributions made by an employee, shall be treated as made by the employee; (II) For taxable years that begin on or after January 1, 2021 and begin before January 1, 2026, the amount that is included in the taxpayer' s federal adjusted gross income pursuant to Section 61 of the Internal Revenue Code as discharge of indebtedness attributable to student loan forgiveness and that is not excluded from the taxpayer's federal adjusted gross income pu rsuant to paragraph (5) of subsection (f) of Sec tion 108 of the Internal Revenue Code; (JJ) For taxable ye ars beginning on or after January 1, 2023, for a ny cannabis establishment operating in this State an d licensed under the Cannabis Regulation and Tax Ac t or any cannabis cultivation center or medical cannabis dispensing organization operating in this State and licensed under the Compassionate Use of Medical Canna bis Program Act, an amount equal to the deductions that were disallowed und er Section 280E of the Internal Revenue Code for the taxable y ear and that would not be added back under this sub section. The provisions of this subparagraph (JJ) are exempt from the provisions of Section 250; and

(KK) To the extent includible i n gross income for federal income tax purposes, any amount awarded or paid to the taxpayer as a result of a judgment or settl ement for fertility fraud as provided in Section 15 of th e Illinois Fertility Fraud Act, donor fertility fraud as provided in Section 20 of the Illinois Fertility Fraud Act, or similar action in another state ; and (LL) For taxable years beginni ng on or after January 1, 2026, if the taxpayer is a qualified worker, as defined in the Workforce Dev elopment through Charitable Loan Repayment Act, a n amount equal to the amount included in the taxpayer's federal adjusted gross income that is attr ibutable to student loan repayment assistance received by the taxpayer during the taxable year from a qualified community foundation under the provisions of the Workforce Development thr ough Through Charitable Loan Repayment Act. This subparagraph (LL) is exempt from the provisions of Section 250; and .

(MM) (LL) For taxable years beginning on or after January 1, 2025, if the taxpayer is an eligible resident as defined in the Medical Debt Relief Act, a n amount equal to the amount included in the taxpayer's federal adjusted gross income that is attri butable to medical debt relief received by the taxpayer durin g the taxable year from a nonprofit medical deb t relief coordinator under the provisions of the Medical Debt Relief Act. This subparagraph (MM) (LL) is exempt from the provisions of Section 250.

(b) Corporations. (1) In general. In the case of a corporat ion, base income means an amount equal to the taxpayer' s taxable income for the taxable year as modified by paragraph (2). (2) Modifi cations. The taxable income referred to in paragraph (1) shall be modified by adding thereto the sum of the following amounts: (A) An am ount equal to all amounts paid or accrued to the taxpayer as int erest and all distributions received from regulated i nvestment companies during the taxable year to the extent excluded from gross income in the computation of taxable income; (B) An amount equal to the amount of tax impo sed by this Act to the extent deducted from gross income in the computation of taxable income for th e taxable year; (C) In the case of a regulated investment company , an amount equal to the excess of (i) the net long -term capital gain for the taxable year, over (i i) the amount of the capital gain dividends designated as su ch in accordance with Section 852(b)(3)(C) of the Internal Rev enue Code and any amount designated under Section 852(b)(3)(D) of the Internal Revenue Code, attributable to the taxa ble year (this amendatory Act of 1995 (Public Act 8 9-89) is declarative of existing law and is not a new enac tment); (D) The am ount of any net operating loss deduction taken in a rriving at taxable income, other than a net operati ng loss carried forward from a taxable year ending pr ior to December 31, 1986; (E) For taxable years in which a net o perating loss carryback or carryforward from a taxable year ending prior to December 31, 1986 is an elem ent of taxable income under paragraph (1) of subsect ion (e) or subparagraph (E) of paragraph (2) of subsectio n (e), the amount by which addition modifications other than tho se provided by this subparagraph (E) exceeded subt raction modifications in such earlier taxable year, with the following limitations applied in the or der that they are listed:

(i) the addition modifica tion relating to the net operating loss carried back or forward to the taxable year from any taxable year ending prior to December 31, 1986 shall be reduced by the amount of addition mod ification under this subparagraph (E) which relate d to that net operating loss and which was taken in to account in calculating the base income of an e arlier taxable year, and (ii) the addition modification relating to the net operating loss carried back or forward to t he taxable year from any taxable year ending prior to December 31, 1986 shall not exceed the amount of suc h carryback or carryforward; For taxable years in which there is a net operating loss carryback or carryforward from more than one other taxable year ending prior to December 31, 1986, the addition modification p rovided in this subparagraph (E) shall be the sum of the amounts computed independently under the p receding provisions of this subparagraph (E) for eac h such taxable year; (E-5) For taxa ble years ending after December 31, 1997, an amount equal to any el igible remediation costs that the corporation deducted in computing adjusted gross income and for which the corporation claims a credit under subsection (l) of Section 201; ( E-10) For taxable years 2001 and thereafter, an amount equal to the bonus depreciation deduction taken on the t axpayer's federal income tax return for the taxable y ear under subsection (k) of Section 168 of the Internal Reve nue Code; (E-11) If the taxpayer sells, tran sfers, abandons, or otherwise disposes of property for which the taxpayer was required in any taxable year to make an addition modification under subparagraph (E-10), then an amou nt equal to the aggregate amount of the deductions ta ken in all taxable years under subparagraph (T) with r espect to that property. If the taxpayer continues to own pro perty through the last day of the last tax year for which a subtractio n is allowed with respect to that property under subparagr aph (T) and for which the taxpayer was allowed in an y taxable year to make a subtraction modification under subparagrap h (T), then an amount equal to that subtraction modification. The taxpayer is required to make the addition modification und er this subparagraph only once with respect to any on e piece of property; (E-12) An amount equal to the amount oth erwise allowed as a deduction in computing base inco me for interest paid, accrued, or incurred, dire ctly or indirectly, (i) for taxable years ending on or after December 31, 2004, to a foreign person who would be a member of the same unitary business group but for the fact the foreign person's business activity o utside the United States is 80% or more of the foreig n person's total business activity and (ii) for taxable years ending on or after December 31, 2008, to a pers on who would be a member of the same unitary business group but for the fact that the person is prohibited u nder Section 1501(a)(27) from being included in the un itary business group because he or she is ordina rily required to apportion business income unde r different subsections of Section 304. The addition modification required by this subparagraph shall b e reduced to the extent that dividends were included in base income of the unitary group for the same taxable year and received by the taxpayer or by a me mber of the taxpayer's unitary business group ( including amounts included in gross income pursuant to Sections 951 through 964 of the Internal Revenue Code and amounts included in gross inco me under Section 78 of the Internal Revenue Code) with respe ct to the stock of the same person to whom the int erest was paid, accrued, or incurred. This paragraph shall not apply to the following: (i) an item of interest paid, accrued, or incurred, directly or indirectly, to a person wh o is subject in a foreign country or state, other than a state which requires mandatory unitary reporting, to a tax on or measured by net income with respect to such inter est; or (ii) an i tem of interest paid, accrued, or incurred, dir ectly or indirectly, to a person if the taxpayer can establish, based on a preponderance of the evidence, both of the following: (a ) the person, during the same taxable year, pai d, accrued, or incurred, the interest to a per son that is not a related member, and (b) the transaction giving rise to the interest expense between the taxpayer and the person did not have as a principal purpose the avoidance of Illi nois income tax, and is paid pursuant to a contra ct or agreement that reflects an arm's-length in terest rate and terms; or (iii) the taxpayer c an establish, based on clear and convincing evidence, that the interest paid, accrued, or incu rred relates to a contract or agreement entered i nto at arm's-length rates and terms and the principal purpose for the payment is not federal o r Illinois tax avoidance; or (iv) an item of interest paid, accrued, or incurred, directly or indirectly, to a person if t he taxpayer establishes by clear and convincing evidence that th e adjustments are unreasonable; or if the taxpayer and the Director agree in writing to th e application or use of an alternative method o f apportionment under Section 304(f). Nothing in this subsection shall preclude the Director f rom making any other adjustment otherwise allowed u nder Section 404 of this Act for any tax year beginning after the effective date of this amendment provided such adjustment is made pursuant to regulation adopted by the Department and such regulatio ns provide methods and standards by which the Departmen t will utilize its authority under Section 404 of this Act; (E-13) An amount equal to the amount of intangible expenses and costs otherwise allowed a s a deduction in computing base income, and that were paid, accrued, or incurred, directly or indirectly, (i ) for taxable years ending on or after December 31, 200 4, to a foreign person who would be a member of the same unitary business group but for the fact that the fore ign person's business activity outside the United S tates is 80% or more of that person's total busine ss activity and (ii) for taxable years ending on or af ter December 31, 2008, to a person who would be a membe r of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary busine ss group because he or she is ordinarily required to apportion business income under different subsect ions of Section 304. The addition modification requi red by this subparagraph shall be reduced to the ex tent that dividends were included in base income of the unitary group for the same taxable year and receiv ed by the taxpayer or by a member of the taxpayer's u nitary business group (including amounts included i n gross income pursuant to Sections 951 through 964 o f the Internal Revenue Code and amounts included in g ross income under Section 78 of the Internal Revenue Code) with respect to the stock of the same person to whom the intangible expenses and costs were dire ctly or indirectly paid, incurred, or accrued. The prec eding sentence shall not apply to the extent that th e same dividends caused a reduction to the addition mo dification required under Section 203(b)(2)(E-12) of this Act. As used in this subparagraph, the term " intangible expenses and costs" includes (1) expenses, l osses, and costs for, or related to, the direct or indirect acquisition, use, maintenance or managem ent, ownership, sale, exchange, or any other disp osition of intangible property; (2) losses incurred, d irectly or indirectly, from factoring transactions or discounting transactions; (3) royalty, patent, tec hnical, and copyright fees; (4) licensing fees; and (5) other sim ilar expenses and costs. For purposes of this subparagraph, "intangible property" includes patents, patent applications, trade names, trademarks, service marks, copyrights, mask works, trade se crets, and similar types of intangible assets. This para graph shall not apply to the following:

(i) any item of intangible expenses or costs paid, accrued, or incu rred, directly or indirectly, from a transaction with a person who is subject in a foreign country or state, other than a state which requires mandator y unitary reporting, to a tax on or measured by net income with respect to such item; or

(ii) any item o f intangible expense or cost paid, ac crued, or incurred, directly or indirectly, if the taxpayer can establish, based on a preponderance of the evidence, both of the following: (a) the per son during the same taxable year paid, acc rued, or incurred, the intangible expense or cost to a person that is not a related member, and (b) the transaction giving rise to the intangible expense or cost between the taxpayer and the person did not have as a principal purpose the avoidance of Illinois income tax, an d is paid pursuant to a contract or agreement tha t reflects arm's-length terms; or (iii) a ny item of intangible expense or cost pa id, accrued, or incurred, directly or indirectly, from a transaction with a person if th e taxpayer establishes by clear and convincing evidence, that th e adjustments are unreasonable; or if the taxpayer and the Director agree in writing to th e application or use of an alternative method o f apportionment under Section 304(f); Nothing in this subsection shall preclude the Director f rom making any other adjustment otherwise allowed u nder Section 404 of this Act for any tax year beginning after the effective date of this amendment provided such adjustment is made pursu ant to regulation adopted by the Department and such regulations provide methods and standards by which the Department will utilize its authority under Section 40 4 of this Act; (E-14) For taxable years ending on or after December 31, 2008, an amount equal to the amount o f insurance premium expenses and costs otherwise allowed as a deduction in computing base income, and that were paid, accrued, or incurred, directly o r indirectly, to a person who would be a member of the same unitary business group but for the fact that th e person is prohibited under Section 1501(a)(27) fr om being included in the unitary business group becau se he or she is ordinarily required to apportion busine ss income under different subsections of Section 304. The addition modification required by this s ubparagraph shall be reduced to the extent that divide nds were included in base income of the unitary group for the same taxable year and received by the taxp ayer or by a member of the taxpayer's unitary business g roup (including amounts included in gross incom e under Sections 951 through 964 of the Internal Reven ue Code and amounts included in gross income under Se ction 78 of the Internal Revenue Code) with respe ct to the stock of the same person to whom the premiums and cos ts were directly or indirectly paid , incurred, or accrued. The preceding sentence does not apply to the extent that the same dividends caused a reducti on to the addition modification required under Sectio n 203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this Act;

(E-15) For taxable ye ars beginning after December 31, 2008, any deduction for dividends p aid by a captive real estate investment trust t hat is allowed to a real estate investment trust und er Section 857(b)(2)(B) of the Int ernal Revenue Code for dividends paid;

(E-16) An amount equal to th e credit allowable to the taxpayer under Section 218(a) of this Act, determined without regard to Section 2 18(c) of this Act; (E-17) For taxable years ending on or after December 31, 2017, an amount equal to the deduction allowed under Section 199 of the Internal Revenue Code for the ta xable year; (E-18) for taxable years beginning after December 31, 2018 , an amount equal to the deduction allowed under Secti on 250(a)(1)(A) of the Internal Revenue Code for the taxa ble year; (E-19) fo r taxable years ending on or after June 30, 2021, a n amount equal to the deduction allowed under Sect ion 250(a)(1)(B)(i) of the Internal Revenue Code for the taxable year; (E-20) for taxable years ending on or after June 30, 2021, an amount equal to the deduction allowed under S ections 243(e) and 245A(a) of the Internal Reven ue Code for the taxable year; (E-21) the amount th at is claimed as a federal deduction when computing the tax payer's federal taxable income for the taxable y ear and that is attributable to an endowment gift for whi ch the taxpayer receives a credit under the Illinois Gi ves Tax Credit Act; and by deducting from the to tal so obtained the sum of the following amounts: (F) An amount equal to the amount of any tax imposed b y this Act which was refunded to the taxpayer and included in s uch total for the taxable year; (G) An amount equal to any am ount included in such total under Section 78 of the Int ernal Revenue Code; (H) In the case of a regulated investment company, an amount equal to the amount of exempt interest divid ends as defined in subsection (b)(5) of Section 852 o f the Internal Revenue Code, paid to shareholders for the taxable year; (I) With the exception of any amounts subtract ed under subparagraph (J), an amount equal to the sum of all amounts disallowed as deductions by (i) S ections 171(a)(2) and 265(a)(2) and amounts disall owed as interest expense by Section 291(a)(3) of the Internal Revenue Code, and all amounts of exp enses allocable to interest and disallowed as deduct ions by Section 265(a)(1) of the Internal Revenue Code ; and (ii) for taxable years ending on or after Augu st 13, 1999, Sections 171(a)(2), 265, 280C, 291(a )(3), and 832(b)(5)(B)(i) of the Internal Revenue Code, plus, for tax years ending on or after December 31, 2011, amounts disallowed as deductions by Section 45G(e )(3) of the Internal Revenue Code and, for taxable yea rs ending on or after December 31, 2008, any amount inc luded in gross income under Section 87 of the Int ernal Revenue Code and the policyholders' share of tax -exempt interest of a life insurance comp any under Section 807(a)(2)(B) of the Internal Rev enue Code (in the case of a life insurance company wit h gross income from a decrease in reserves for the tax year) or S ection 807(b)(1)(B) of the Internal Revenue Code (in the ca se of a life insurance company allowed a deduction for an increase in reserves for the tax year); the pro visions of this subparagraph are exempt from the provis ions of Section 250;

(J) An amount equal to all amounts included in su ch total which are exempt from taxation by this State either by reason of its statutes or Constitution or by reason of the Constitution, treaties or statutes of the Unit ed States; provided that, in the case of any statute of this St ate that exempts income derived from bonds or othe r obligations from the tax imposed under this Act, the amount exempted shall be the interest net of bond premium amortization; (K) An amount equal to those dividen ds included in such total which were paid by a corpo ration which conducts business operations in a River Edge Re development Zone or zones created under the River Edge Redevelo pment Zone Act and conducts substantially all of its operations in a River Edge Redevelopment Zone or z ones. This subparagraph (K) is exempt from the provisions of Section 250; (L) An amount equal to those dividends included in s uch total that were paid by a corporation that cond ucts business operations in a federally designated Fore ign Trade Zone or Sub-Zone and that is designa ted a High Impact Business located in Illinois; provi ded that dividends eligible for the deduction provide d in subparagraph (K) of paragraph 2 of this subsection shall not be eligible for the deduction provided under this subparagraph (L); (M) For any taxpayer that is a finan cial organization within the meaning of Section 304(c) of this Act, an amount included in such total as intere st income from a loan or loans made by such taxpayer to a borrower, to the extent that such a loan is secure d by property which is eligible for the River Edge Red evelopment Zone Investment Credit. To determi ne the portion of a loan or loans that is secured by property eligible for a Section 201(f) investment cr edit to the borrower, the entire principal amount of the loan or loans between the taxpayer and the borrower s hould be divided into the basis of the Section 201( f) investment credit property which secures the loa n or loans, using for this purpose the original basi s of such property on the date that it was placed i n service in the River Edge Redevelopment Zon e. The subtraction modification available to the t axpayer in any year under this subsection shall be that portion of the total interest paid by the borro wer with respect to such loan attributable to the eli gible property as calculated under the previous sentenc e. This subparagraph (M) is exempt from the provisions of Section 250; (M-1) For any taxpayer that is a financ ial organization within the meaning of Section 304(c) of this Act, an amount included in such total as intere st income from a loan or loans made by such ta xpayer to a borrower, to the extent that such a loan is secured by property which is eligible for the High Impact Business Investment Credit. To determi ne the portion of a loan or loans that is secured by property eligible for a Section 201(h) investment cr edit to the borrower, the entire principal amount of the loan or loans between the taxpayer and the borr ower should be divided into the basis of the Section 201 (h) investment credit property which secures the loa n or loans, using for this purpose the original b asis of such property on the date that it was p laced in service in a federally designated Foreign Trad e Zone or Sub-Zone located in Illinois. No taxpayer that is eligible for the deduction provided in subparagraph (M) of paragraph (2) of this s ubsection shall be eligible for the deduction provid ed under this subparagraph (M-1). The subtraction mo dification available to taxpayers in any year under this su bsection shall be that portion of the total interest p aid by the borrower with respect to such loan at tributable to the eligible property as calculate d under the previous sentence; (N) Two times any contribution m ade during the taxable year to a designated zone org anization to the extent that the contribution (i) qua lifies as a charitable contribution under subsection (c) of S ection 170 of the Internal Revenue Code and (ii) mu st, by its terms, be used for a project approved by the Department of Commerce and Economic Opportunity under Section 11 of the Illinois Enterprise Zone Act or und er Section 10-10 of the River Edge Redevelopm ent Zone Act. This subparagraph (N) is exempt from the provisions of Section 250; (O) An amount equal to: (i) 85% for taxable years ending on or before December 31, 199 2, or, a percentage equal to the percentage allowa ble under Section 243(a)(1) of the Internal Revenue Co de of 1986 for taxable years ending after Decemb er 31, 1992, of the amount by which dividends in cluded in taxable income and received from a corpor ation that is not created or organized under the laws of the United States or any state or political subdivi sion thereof, including, for taxable years ending on or after December 31, 1988, dividends received or deem ed received or paid or deemed paid under Sections 951 through 965 of the Internal Revenue Code, exceed the a mount of the modification provided under subparag raph (G) of paragraph (2) of this subsection (b) whi ch is related to such dividends, and including, fo r taxable years ending on or after December 31, 2008, d ividends received from a captive real estate inves tment trust; plus (ii) 100% of the amount by which divi dends, included in taxable income and received, including, for taxable years ending on or after Decemb er 31, 1988, dividends received or deemed received or p aid or deemed paid under Sections 951 through 964 of t he Internal Revenue Code and including, for taxable year s ending on or after December 31, 2008, divid ends received from a captive real estate investme nt trust, from any such corporation specified in cla use (i) that would but for the provisions of Section 1504(b)(3) of the Internal Revenue Code be tr eated as a member of the affiliated group which inclu des the dividend recipient, exceed the amount of the mo dification provided under subparagraph (G) of paragrap h (2) of this subsection (b) which is related to suc h dividends. For taxable years ending on or after June 30, 2021, (i) for purposes of this subparagr aph, the term "dividend" does not include any amou nt treated as a dividend under Section 1248 of the Int ernal Revenue Code, and (ii) this subparagraph shall not apply to dividends for which a deduction is allowed under Section 245(a) of the Internal Revenue Code. This subparagraph (O) is exempt from the provisions of Section 250 of this Act; (P) An amount eq ual to any contribution made to a job training project established pursuant to the Tax Increment Allocation Re development Act; (Q) An amount equal to the amount of the deduction used to c ompute the federal income tax credit for restoration of substantia l amounts held under claim of right for the taxable year pursuant to Section 1341 of the Internal Revenu e Code; (R ) On and after July 20, 1999, in the case of an a ttorney-in-fact with respect to wh om an interinsurer or a reciprocal insurer has made the election under Section 835 of the Internal Revenue Code, 26 U.S .C. 835, an amount equal to the excess, if any, of the amounts pai d or incurred by that interinsurer or reciprocal insu rer in the taxable year to the attorney-in-fact over the deduction allowed to that interinsurer or reciprocal insurer with respect to the attorn ey-in-fact under Section 835(b) of the Inter nal Revenue Code for the taxable year; the provisions of this subparagraph are exempt from the provisi ons of Section 250; (S) For taxable years ending on or after De cember 31, 1997, in the case of a Subchapter S corpora tion, an amount equal to all amounts of income a llocable to a shareholder subject to the Personal Prope rty Tax Replacement Income Tax imposed by subsections (c ) and (d) of Section 201 of this Act, including amounts allocab le to organizations exempt from federal income tax by r eason of Section 501(a) of the Internal Revenue Code. This subparagraph (S) is exempt from the provisions of Section 250; (T) For taxable years 2001 and thereafter, for the taxable year in which the bonus depreciation deduction is taken on the taxpay er's federal income tax return under subsect ion (k) of Section 168 of the Internal Revenue Co de and for each applicable taxable year thereaf ter, an amount equal to "x", where: (1) "y" e quals the amount of the depreciation deduction taken for the taxable year on the taxpayer's federal income tax return on property for which the bonus depreciation deduction was taken i n any year under subsection (k) of Section 16 8 of the Internal Revenue Code, but not i ncluding the bonus depreciation deduction; (2) for tax able years ending on or before December 31, 2005, "x" equa ls "y" multiplied by 30 and then divided by 70 (or "y" multiplied by 0.429); and (3) for t axable years ending after December 31, 2 005: ( i) for property on which a bonus depreciation deduction of 30% of the adjusted basis was tak en, "x" equals "y" multiplied by 3 0 and then divided by 70 (or "y" multiplied by 0.429); (ii) for property on which a bonus depreciatio n deduction of 50% of the adjusted basis was taken, "x" equals "y" multiplied by 1.0;

(iii) for property on which a bo nus depreciation deduction of 100% of the adjusted basis was taken in a taxable year ending on or after D ecember 31, 2021, "x" equals the depreciation deduction tha t would be allowed on that property if the ta xpayer had made the election under Section 1 68(k)(7) of the Internal Revenue Code to not cl aim bonus depreciation on that property; and

(iv) for property on which a bonus de preciation deduction of a percentage o ther than 30%, 50% or 100% of the adjusted bas is was taken in a taxable year ending on or after December 31, 2021, "x" equals "y" multiplied by 100 times the per centage bonus depreciation on the property (that is, 10 0(bonus%)) and then divided by 100 times 1 minus the percentage bonus depreciation on the property (t hat is, 100(1-bonus%)).

The aggregate amount deducted under this subparagraph in all taxable years for any one piece of property may not exceed the amou nt of the bonus depreciation deduction taken on that property o n the taxpayer's federal income tax return under subse ction (k) of Section 168 of the Internal Revenue Code . This subparagraph (T) is exempt from the provisions of Sect ion 250; (U) If the taxpa yer sells, transfers, abandons, or otherwise disposes of prope rty for which the taxpayer was required in any taxable year to make an addition modification under subparagraph (E-10), then an amount equal to tha t addition modification. If the taxpayer continues to own property th rough the last day of the last tax year for which a subtraction is allowed with respect to that property under subparagraph ( T) and for which the taxpayer was required in any taxa ble year to make an addition modification under subp aragraph (E-10), then an amount equal to that a ddition modification. The taxpayer is allowed to take the deduction under thi s subparagraph only once with respect to any one piec e of property. This subparagraph (U) is exempt from the provisi ons of Section 250; (V) The amount of: (i) any interest income (n et of the deductions allocable thereto) taken into account for the taxable year with respect to a transaction with a taxpayer that is required to make an addition modificat ion with respect to such transaction under Section 203 (a)(2)(D-17), 203(b)(2)(E-12), 203(c)(2 )(G-12), or 203(d)(2)(D-7), but not to exce ed the amount of such addition modificatio n, (ii) any income from intangible property (net of the deductions alloc able thereto) taken into account for the taxable year with respect to a transaction with a taxpayer that is requir ed to make an addition modification with respect to such transaction under Section 203(a)(2)(D-18 ), 203(b)(2)(E-13), 203(c)(2)(G-13), or 2 03(d)(2)(D-8), but not to exceed the amo unt of such addition modification, and (iii) any insuranc e premium income (net of deductions allocable thereto) taken into account for the taxable year with respect to a transaction with a taxpayer that is required to make an addition m odification with respect to such transaction under Section 203(a)( 2)(D-19), Section 203(b)(2)(E-14), Section 203(c) (2)(G-14), or Section 203(d)(2)(D- 9), but not to exceed the amount of that addit ion modification. This subparagraph (V) is exempt from the provisions of Section 250; (W) An amount equal to the interest income taken into account for the taxable y ear (net of the deductions allocable thereto) with respect to transactions with (i) a foreign person who w ould be a member of the taxpayer's unitary business group but for the fact that the foreign person's b usiness activity outside the United States is 80 % or more of that person's total business activity an d (ii) for taxable years ending on or after Decem ber 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the p erson is prohibited under Section 1501(a)(27) from being included in the unitary business group be cause he or she is ordinarily required to apportion bu siness income under different subsections of Section 30 4, but not to exceed the addition modificat ion required to be made for the same taxable year under Sectio n 203(b)(2)(E-12) for interest paid, accrued, or incurred, directly or indirectly, to the same person . This subparagraph (W) is exempt from the provisions of Section 250;

(X) An amount equal to the income from int angible property taken into account for the taxable y ear (net of the deductions allocable thereto) with respect to transactions with (i) a foreign person who w ould be a member of the taxpayer's unitary business group but for the fact that the foreign person's b usiness activity outside the United States is 80 % or more of that person's total business activity an d (ii) for taxable years ending on or after Decem ber 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the p erson is prohibited under Section 1501(a)(27) from being included in the unitary business group becau se he or she is ordinarily required to apportion busine ss income under different subsections of Section 3 04, but not to exceed the addition modification required to be made for t he same taxable year under Section 203(b)(2)(E-13) for i ntangible expenses and costs paid, accrued, or incurred, directly or indirectly, to the same foreign p erson. This subparagraph (X) is exempt from the provisions of Section 250; (Y) For taxable years ending on or after D ecember 31, 2011, in the case of a taxpayer who was re quired to add back any insurance premiums under Sectio n 203(b)(2)(E-14), such taxpayer may elect to subtract that part of a reimbursement received from the insurance company equal to the amount of the expense or loss (including expenses incurred by the i nsurance company) that would have been taken int o account as a deduction for federal income tax p urposes if the expense or loss had been uninsured. If a taxpayer makes the election provided for by this subparagraph (Y), the insurer to which the pr emiums were paid must add back to income the amount sub tracted by the taxpayer pursuant to this subpara graph (Y). This subparagraph (Y) is exempt from t he provisions of Section 250; (Z) The difference between the non deductible controlled foreign corporation dividends under Section 965(e)(3) of the Internal Revenue Code over the taxable income of the taxpayer, computed without regard to Section 965(e)(2)(A) of the Internal Revenue Code, and without regard to any net operating l oss deduction. This subparagraph (Z) is exempt f rom the provisions of Section 250; and (AA) For taxable ye ars beginning on or after January 1, 2023, for a ny cannabis establishment operating in this State an d licensed under the Cannabis Regulation and Tax Ac t or any cannabis cultivation center or medical cannabis dispensing organization operating in this State and licensed under the Compassionate Use of Medical Canna bis Program Act, an amount equal to the deduct ions that were disallowed under Section 280E of the Intern al Revenue Code for the taxable year and that would not be added back under this subsection. The provisions of th is subparagraph (AA) are exempt from the provisio ns of Section 250. (3) Special rule. For purposes of paragraph (2)(A), "gro ss income" in the case of a life insurance company, fo r tax years ending on and after December 31, 1994, and prior to December 31, 2011, shall mean the gross investment income for the taxable year and, for tax years ending on or after December 3 1, 2011, shall mean all amounts included in life insura nce gross income under Section 803(a)(3) of the Internal Revenue Code. (c) Trusts and estates. (1) In general. In the case of a trust or estate, base income means an amount equal to the taxpa yer's taxable income for the taxable year as mod ified by paragraph (2). (2) Modifications. Subject to the provisions of paragrap h (3), the taxable income referred to in paragraph (1) shall be modified by adding thereto the sum of the following amoun ts: (A) An amount equal to all amounts paid or accrued to the taxp ayer as interest or dividends during the taxable yea r to the extent excluded from gross income in the comput ation of taxable income; (B) In the case of (i) an estate, $600; (ii) a trus t which, under its governing instrument, is required to distribu te all of its income currently, $300; and (iii) any o ther trust, $100, but in each such case, only to t he extent such amount was deducted in the computation of taxable income; (C) An amount equal to the amount of t ax imposed by this Act to the extent deducted from gross income in the computation of taxable income for the taxabl e year; (D) The am ount of any net operating loss deduction taken in a rriving at taxable income, other than a net operati ng loss carried forward from a taxable year ending pr ior to December 31, 1986; (E) For taxable years in which a net o perating loss carryback or carryforward from a taxable year ending prior to December 31, 1986 is an element of taxable income under paragraph (1) of subsection (e) or subparagraph (E) of paragraph (2) of s ubsection (e), the amount by which addition modifications other than those provided by this subparagraph (E) excee ded subtraction modifications in such taxable year, with the following limitations applied in the or der that they are listed:

(i) the addition modifica tion relating to the net operating loss carried back or forward to the taxable year from any taxable year ending prior to December 31, 1986 shall be reduced by the amount of addition mod ification under this subparagraph (E) which relate d to that net operating loss and which was taken in to account in calculating the base income of an e arlier taxable year, and (ii) the addition modification relating to the net operating loss carried back or forward to t he taxable year from any taxable year ending prior to December 31, 1986 shall not exceed the amount of suc h carryback or carryforward; For taxable years in which there is a net operating loss carryback or carryforward from more than one other taxable year ending prior to December 31, 1986, the addition modific ation provided in this subparagraph (E) shall be the s um of the amounts computed independently under the preceding provisions of this subparagraph (E) for each such taxable year; (F) For taxable years ending on or after January 1, 1989, an amount equal to the tax deducted p ursuant to Section 164 of the Internal Revenue Code if the trust or estate is claiming the same tax for pu rposes of the Illinois foreign tax credit under Section 601 of this Act; (G) An amount equal to the amount of the capital gain deduction allowable under the Internal Revenue Code, to the ext ent deducted from gross income in the computation of taxable income;

(G-5) For taxable year s ending after December 31, 1997, an amount equal to any eligible r emediation costs that the trust or estate deducted in c omputing adjusted gross income and for which the tru st or estate claims a credit under subsection (l) of Section 201; (G-10) For taxable years 2001 and thereafter, an amount equal to the bonus depreciation deduction taken on the taxpa yer's federal income tax return for the taxable year under subsection (k) of Section 168 of the Internal Revenue Code; and (G-11) If the taxpayer sells, tran sfers, abandons, or otherwise disposes of property for which the taxpayer was required in any taxable year to make an addition modification under subparagraph (G-10), then an amou nt equal to the aggregate amount of the deductions ta ken in all taxable years under subparagraph (R) with r espect to that property. If the taxpayer continues to own pro perty through the last day of the last tax year for which a subtractio n is allowed with respect to that property under subparagr aph (R) and for which the taxpayer was allowed in an y taxable year to make a subtraction modification under subparagrap h (R), then an amount equal to that subtraction modification. The taxpayer is required to make the addition modification und er this subparagraph only once with respect to any on e piece of property; (G-12) An amount equal to the amount oth erwise allowed as a deduction in computing base i ncome for interest paid, accrued, or incurred, directly or indirectly, (i) for taxable years ending on or afte r December 31, 2004, to a foreign person who would be a member of the same unitary business group but for t he fact that the foreign person's business activity o utside the United States is 80% or more of the foreig n person's total business activity and (ii) for taxable years ending on or after December 31, 2008, to a pers on who would be a member of the same unitary business group but for the fact that the person is prohibited u nder Section 1501(a)(27) from being included in the un itary business group because he or she is ordina rily required to apportion business income unde r different subsections of Section 304. The addition modification required by this subparagraph shall b e reduced to the extent that dividends were included in base income of the unitary group for the same taxable year and received by the taxpayer or by a me mber of the taxpayer's unitary business group ( including amounts included in gross income pursuant to Sections 951 through 964 of the Internal Revenue Code and amounts included in gross inco me under Section 78 of the Internal Revenue Code) with respe ct to the stock of the same person to whom the int erest was paid, accrued, or incurred. This paragraph shall not apply to the following: (i) an item of interest paid, accrued, or incurred, directly or indirectly, to a person wh o is subject in a foreign country or state, other than a state which requires mandatory unitary reporting, to a tax on or measured by net income with respect to such inter est; or (ii) an i tem of interest paid, accrued, or incurred, dir ectly or indirectly, to a person if the taxpayer can establish, based on a preponderance of the evidence, both of the following: (a ) the person, during the same taxable year, pai d, accrued, or incurred, the interest to a per son that is not a related member, and (b) the transaction giving rise to the interest expense between the taxpayer and the person did not have as a principal purpose the avoidance of Illi nois income tax, and is paid pursuant to a contra ct or agreement that reflects an arm's-length in terest rate and terms; or (iii) the taxpayer c an establish, based on clear and convincing evidence, that the interest paid, accrued, or incu rred relates to a contract or agreement entered i nto at arm's-length rates and terms and the principal purpose for the payment is not federal o r Illinois tax avoidance; or (iv) an item of interest paid, accrued, or incurred, directly or indirectly, to a person if t he taxpayer establishes by clear and convincing evidence that th e adjustments are unreasonable; or if the taxpayer and the Director agree in writing to th e application or use of an alternative method o f apportionment under Section 304(f). Nothing in this subsection shall preclude the Director f rom making any other adjustment otherwise allowed u nder Section 404 of this Act for any tax year beginning after the effective date of this amendment provided such adjustment is made pursuant to regulation adopted by the Department and such regulatio ns provide methods and standards by which the Departmen t will utilize its authority under Section 404 of this Act; (G-13) An amount equal to the amount of intangible expenses and costs otherwise allowed a s a deduction in computing base income, and that were paid, accrued, or incurred, directly or indirectly, (i ) for taxable years ending on or after December 31, 200 4, to a foreign person who would be a member of the same unitary business group but for the fact that the fore ign person's business activity outside the United S tates is 80% or more of that person's total busine ss activity and (ii) for taxable years ending on or af ter December 31, 2008, to a person who would be a membe r of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary busine ss group because he or she is ordinarily required to apportion business income under different subsect ions of Section 304. The addition modification requi red by this subparagraph shall be reduced to the ex tent that dividends were included in base income of the unitary group for the same taxable year and receiv ed by the taxpayer or by a member of the taxpayer's u nitary business group (including amounts included i n gross income pursuant to Sections 951 through 964 o f the Internal Revenue Code and amounts included in g ross income under Section 78 of the Internal Revenue Code) with respect to the stock of the same person to whom the intangible expenses and costs were dire ctly or indirectly paid, incurred, or accrued. The preceding sentence shall not apply to the ext ent that the same dividends caused a reduction to th e addition modification required under Section 203(c )(2)(G-12) of this Act. As used in this s ubparagraph, the term "intangible expenses and co sts" includes: (1) expenses, losses, and costs for or r elated to the direct or indirect acquisition, use, ma intenance or management, ownership, sale, exchange, or any other disposition of intangible property; (2) losses incurred, directly or indirectly, from factor ing transactions or discounting transactions; (3) r oyalty, patent, technical, and copyright fees; (4) licensing fees; and (5) other sim ilar expenses and costs. For purposes of this subparagraph, "intangible property" includes patents, patent applications, trade names, trademarks, service marks, copyrights, mask works, trade se crets, and similar types of intangible assets. This para graph shall not apply to the following:

(i) any item of intangible expenses or costs paid, accrued, or incu rred, directly or indirectly, from a transaction with a person who is subject in a foreign country or state, other than a state which requires mandator y unitary reporting, to a tax on or measured by net income with respect to such item; or

(ii) any item o f intangible expense or cost paid, ac crued, or incurred, directly or indirectly, if the taxpayer can establish, based on a preponderance of the evidence, both of the following: (a) the per son during the same taxable year paid, acc rued, or incurred, the intangible expense or cost to a person that is not a related member, and (b) the transaction giving rise to the intangible expense or cost between the taxpayer and the person did not have as a principal purpose the avoidance of Illinois income tax, an d is paid pursuant to a contract or agreement tha t reflects arm's-length terms; or (iii) a ny item of intangible expense or cost pa id, accrued, or incurred, directly or indirectly, from a transaction with a person if th e taxpayer establishes by clear and convincing evidence, that th e adjustments are unreasonable; or if the taxpayer and the Director agree in writing to th e application or use of an alternative method o f apportionment under Section 304(f); Nothing in this subsection shall preclude the Director f rom making any other adjustment otherwise allowed u nder Section 404 of this Act for any tax year beginning after the effective date of this amendment provided such adjustment is made pursu ant to regulation adopted by the Department and such regulations provide methods and standards by which the Department will utilize its authority under Section 40 4 of this Act; (G-14) For taxable years ending on or after December 31, 2008, an amount equal to the amount o f insurance premium expenses and costs otherwise allowed as a deduction in computing base income, and that were paid, accrued, or incurred, directly o r indirectly, to a person who would be a member of the same unitary business group but for the fact that th e person is prohibited under Section 1501(a)(27) fr om being included in the unitary business group becau se he or she is ordinarily required to apportion busine ss income under different subsections of Section 304. The addition modification required by this s ubparagraph shall be reduced to the extent that divide nds were included in base income of the unitary group for the same taxable year and received by the taxp ayer or by a member of the taxpayer's unitary business g roup (including amounts included in gross incom e under Sections 951 through 964 of the Internal Reven ue Code and amounts included in gross income under Se ction 78 of the Internal Revenue Code) with respe ct to the stock of the same person to whom the premiums and cos ts were directly or indirectly pai d, incurred, or accrued. The preceding sentence does not apply to th e extent that the same dividends caused a reduc tion to the addition modification required under Sec tion 203(c)(2)(G-12) or Sect ion 203(c)(2)(G-13) of this Act;

(G-15) An amount equal to th e credit allowable to the taxpayer under Section 218(a) of this Act, determined without regard to Section 2 18(c) of this Act; (G-16) For taxable years ending on or after Dec ember 31, 2017, an amount equal to the deduction allowed under Section 199 of the Internal Reven ue Code for the taxable year; (G-17) the amount th at is claimed as a federal deduction when computing the tax payer's federal taxable income for the taxable y ear and that is attributable to an endowment gift for which the taxpayer receives a credit under the Illinois Gives Tax Credit Act; an d by deducting from the total so obtained the sum of th e following amounts: (H) An amount equal to all amounts included in such total pursuant to the provisions of S ections 402(a), 402(c), 403(a), 403(b), 406(a), 4 07(a) and 408 of the Internal Revenue Code or included in such total as distributions under the provision s of any retirement or disability plan for employees of any governmental agency or unit, or retirement payments to retired partners, which payments are excluded in computing net earnings fro m self employment by Section 1402 of the Internal Reven ue Code and regulations adopted pursuant thereto; (I) The valuation limitation amount; (J) An amount equal to the amount of any tax imposed by this Act which was refunded to the taxpayer and included in su ch total for the taxable year; (K) An amount equal to all amounts included in taxable income as modified b y subparagraphs (A), (B), (C), (D), (E), (F) and (G) which are exempt from taxation by this State either by reason of its statutes or Constitution or by reason of the Constitution, treaties or statutes of the Unit ed States; provided that, in the case of any statute of this State that exempts income derived from bonds or other obligations from the tax imposed under this Act, the amount exempted shall be the interest net of bond prem ium amortization; (L) With the exception of any amounts subtracted under subparagraph (K), an amount equal to the su m of all amounts disallowed as deductions by (i) Sections 171(a)(2) and 265(a)(2) of the Inter nal Revenue Code, and all amounts of expenses allocab le to interest and disallowed as deductions by Section 265(a)(1) of the Internal Revenue Code; and (ii) for taxable years ending on or after Augus t 13, 1999, Sections 171(a)(2), 265, 280C, and 832(b) (5)(B)(i) of the Internal Revenue Code, plus, (iii) f or taxable years ending on or after December 31, 2011, Section 45G(e)(3) of the Internal Revenue Code and, for taxable years ending on or after December 31, 2008, any amount included in gross income und er Section 87 of the Internal Revenue Code; t he provisions of this subparagraph are exempt from t he provisions of Section 250; (M) An amount equal to those dividen ds included in such total which were paid by a corpo ration which conducts business operations in a River Edge Re development Zone or zones created under the River Edge Redevel opment Zone Act and conducts substantially all of its operations in a River Edge Redevelopment Zone or zones. This subpara graph (M) is exempt from the provisions of Section 250; (N) An amount equal to any contribution made to a job training projec t established pursuant to the Tax Increment Allocation Redev elopment Act; (O) An amount equal to those dividends included in s uch total that were paid by a corporation that conduc ts business operations in a federally designated Foreig n Trade Zone or Sub-Zone and that is designate d a High Impact Business located in Illinois; provided that div idends eligible for the deduction provided in subp aragraph (M) of paragraph (2) of this subsection shall not be eligible for the deduction provided under this s ubparagraph (O); (P) An amount equal to the amount of the deduction used to compute the federal income tax credit for restora tion of substantial amounts held under claim of right for the taxable year pursuant to Section 1341 of the Internal Revenue Code; (Q) For taxable year 1999 and thereafter, an a mount equal to the amount of any (i) distributions, t o the extent includible in gross income for federal i ncome tax purposes, made to the taxpayer because of hi s or her status as a victim of persecution for rac ial or religious reasons by Nazi Germany or an y other Axis regime or as an heir of the victim and (ii) items of income, to the extent includible in gross income for federal income tax purposes, attributable t o, derived from or in any way related to asse ts stolen from, hidden from, or otherwise lost to a victim of persecution for racial or religious reasons by Nazi Germany or any other Axis regime immediately prior to, during, and immediately after World War I I, including, but not limited to, interest on the proce eds receivable as insurance under policies issued to a victim of persecution for racial or religious reason s by Nazi Germany or any other Axis regime by Eur opean insurance companies immediately prior to and du ring World War II; provided, however, this subtracti on from federal adjusted gross income does not ap ply to assets acquired with such assets or with the proceeds from the sale of such assets; provided, furth er, this paragraph shall only apply to a taxpayer who w as the first recipient of such assets after their rec overy and who is a victim of persecution for racial or r eligious reasons by Nazi Germany or any other Axis regime or as an heir of the victim. The amount of and the eligibility fo r any public assistance, benefit, or similar entitlement is not affected by the inclusion of items (i) and (ii) of thi s paragraph in gross income for federal income tax pu rposes. This paragraph is exempt from the provisions of Section 250; (R) For taxable years 2001 and thereafter, for the taxable year in which the bonus depreciation deduction is taken on the taxpay er's federal income tax return under subsect ion (k) of Section 168 of the Internal Revenue Co de and for each applicable taxable year thereaf ter, an amount equal to "x", where: (1) "y" e quals the amount of the depreciation deduction taken for the taxable year on the taxpayer's federal income tax return on property for which the bonus depreciation deduction was taken i n any year under subsection (k) of Section 16 8 of the Internal Revenue Code, but not i ncluding the bonus depreciation deduction; (2) for tax able years ending on or before December 31, 2005, "x" equa ls "y" multiplied by 30 and then divided by 70 (or "y" multiplied by 0.429); and (3) for t axable years ending after December 31, 2 005: ( i) for property on which a bonus depreciation deduction of 30% of the adjusted basis was tak en, "x" equals "y" multiplied by 3 0 and then divided by 70 (or "y" multiplied by 0.429); (ii) for property on which a bonus depreciatio n deduction of 50% of the adjusted basis was taken, "x" equals "y" multiplied by 1.0;

(iii) for property on which a bo nus depreciation deduction of 100% of the adjusted basis was taken in a taxable year ending on or after D ecember 31, 2021, "x" equals the depreciation deduction tha t would be allowed on that property if the ta xpayer had made the election under Section 1 68(k)(7) of the Internal Revenue Code to not cl aim bonus depreciation on that property; and

(iv) for property on which a bonus de preciation deduction of a percentage o ther than 30%, 50% or 100% of the adjusted bas is was taken in a taxable year ending on or after December 31, 2021, "x" equals "y" multiplied by 100 times the per centage bonus depreciation on the property (that is, 10 0(bonus%)) and then divided by 100 times 1 minus the percentage bonus depreciation on the property (t hat is, 100(1-bonus%)).

The aggregate amount deducted under this subparagraph in all taxable years for any one piece of property may not exceed the amou nt of the bonus depreciation deduction taken on that property o n the taxpayer's federal income tax return under subse ction (k) of Section 168 of the Internal Revenue Code . This subparagraph (R) is exempt from the provisions of Sect ion 250; (S) If the taxpa yer sells, transfers, abandons, or otherwise disposes of prope rty for which the taxpayer was required in any taxable year to make an addition modification under subparagraph (G-10), then an amount equal to tha t addition modification. If the taxpayer continues to own property th rough the last day of the last tax year for which a subtraction is allowed with respect to that property under subparagraph ( R) and for which the taxpayer was required in any taxa ble year to make an addition modification under subp aragraph (G-10), then an amount equal to that a ddition modification. The taxpayer is allowed to take the deduction under th is subparagraph only once with respect to any one pie ce of property.

This subparagraph (S) is exempt from the provis ions of Section 250; (T) The amount of (i) any interest income (n et of the deductions allocable thereto) taken into account for the taxable year with respect to a transaction with a tax payer that is required to make an addition modification with respect to such transaction under Section 203(a) (2)(D-17), 203(b)(2)(E-12), 203(c)(2)(G -12), or 203(d)(2)(D-7), but not to exceed the amount of such addition modification a nd (ii) any income from intangible property (net of the deductions alloc able thereto) taken into account for the taxable year with respect to a transaction with a taxpayer that is requir ed to make an addition modification with respect to such transacti on under Section 203(a)(2)(D-18), 203(b)(2)(E-13) , 203(c)(2)(G-13), or 203(d)(2)(D- 8), but not to exceed the amount of such addit ion modification. This subparagraph (T) is exempt from the provisions of Section 250; (U) An amount equal to the int erest income taken into account for the taxable y ear (net of the deductions allocable thereto) with res pect to transactions with (i) a foreign person who would be a member of the taxpayer's unitary business gro up but for the fact the foreign person's business act ivity outside the United States is 80% or more of tha t person's total business activity and (ii) for taxable years ending on or after December 31, 2008, to a pers on who would be a member of the same unitary busin ess group but for the fact that the person is prohibite d under Section 1501(a)(27) from being included in th e unitary business group because he or she is ord inarily required to apportion business income under di fferent subsections of Section 304, but not to exceed the addition modificat ion required to be made for the same taxable year under Sectio n 203(c)(2)(G-12) for interest paid, accrued, or incurred, directly or indirectly, to the same person . This subparagraph (U) is exempt from the provisions of Section 250;

(V) An amount equal to the income from int angible property taken into account for the taxable y ear (net of the deductions allocable thereto) with respect to transactions with (i) a foreign person who w ould be a member of the taxpayer's unitary business group but for the fact that the foreign person's b usiness activity outside the United States is 80 % or more of that person's total business activity an d (ii) for taxable years ending on or after Decem ber 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the p erson is prohibited under Section 1501(a)(27) from being included in the unitary business group becau se he or she is ordinarily required to apportion busine ss income under different subsections of Section 3 04, but not to exceed the addition modification required to be made for t he same taxable year under Section 203(c)(2)(G-13) for intangible expenses and costs paid, accrued, or inc urred, directly or indirectly, to the same foreign pers on. This subparagraph (V) is exempt from the provi sions of Section 250; (W) in the case of an estate, an amount eq ual to all amounts included in such total pursua nt to the provisions of Section 111 of the Internal Revenue Cod e as a recovery of items previously deducted by t he decedent from adjusted gross income in the computat ion of taxable income. This subparagraph (W) is e xempt from Section 250; (X) an amount equal to the refund included in such total of any tax deducted for federal income tax purposes, to the extent that deduction was added back under subparagra ph (F). This subparagraph (X) is exempt from the provisions of Section 250; (Y) For taxable years ending on or after D ecember 31, 2011, in the case of a taxpayer who was re quired to add back any insurance premiums under Sectio n 203(c)(2)(G-14), such taxpayer may elect to subtract that part of a reimbursement received from the insurance company equal to the amount of the expense or loss (including expenses incurred by the i nsurance company) that would have been taken int o account as a deduction for federal income tax p urposes if the expense or loss had been uninsured. If a taxpayer makes the election provided for by this subparagraph (Y), the insurer to which the premium s were paid must add back to income the amount subtrac ted by the taxpayer pursuant to this subparagr aph (Y). This subparagraph (Y) is exempt from the provisions of Section 250; (Z) For taxable years beginning after December 31, 2018 and before January 1, 2026, t he amount of excess business loss of the taxpay er disallowed as a deduction by Section 461(l)(1 )(B) of the Internal Revenue Code; and (AA) For taxable ye ars beginning on or after January 1, 2023, for a ny cannabis establishment operating in this State an d licensed under the Cannabis Regulation and Tax Ac t or any cannabis cultivation center or medical cannabis dispensing organization operating in this State and licensed under the Compassionate Use of Medical Canna bis Program Act, an amount equal to the deduct ions that were disallowed under Section 280E of the I nternal Revenue Code for the taxable year and that wou ld not be added back under this subsection. The provision s of this subparagraph (AA) are exempt from the provisi ons of Section 250.

(3) Limitation. The amount of any modification otherwis e required under this subsection shall, under regulations prescribed by the Depart ment, be adjusted by any amounts included there in which were properly paid, credited, or required to be distributed, or permanently set aside for charitable pu rposes pursuant to Internal Revenue Code Section 642(c) during the taxable year.

(d) Partnerships. (1) In general. In the case of a partners hip, base income means an amount equal to the taxpayer' s taxable income for the taxable year as modified by paragraph (2). (2) Modifica tions. The taxable income referred to in paragraph (1) shall be modified by adding thereto the sum of the following amoun ts: (A) An amount equal to all amounts paid or accrued to the taxpayer as int erest or dividends during the taxable year to t he extent excluded from gross income in the computation of taxable income; (B) An amount equal to the amount of tax imposed by this Act to the exten t deducted from gross income for the taxable year; (C) The amount of ded uctions allowed to the partnership pursuant to Section 707 (c) of the Internal Revenue Code in calculating its tax able income; (D) An amoun t equal to the amount of the capital gain deduction all owable under the Internal Revenue Code, to the exten t deducted from gross income in the computation of t axable income;

(D-5) For taxable years 2001 and thereafter, an amount equal t o the bonus depreciation deduction taken on the taxpayer's federal income tax return for the taxable year under subsection (k) of Section 168 of the Internal Re venue Code;

(D-6) If the taxpayer sells, tra nsfers, abandons, or otherwise disposes of property for which the taxpayer wa s required in any taxable year to make an addition modificatio n under subparagraph (D-5), then an amou nt equal to the aggregate amount of the deductions ta ken in all taxable years under subparagraph (O) with r espect to that property. If the taxpayer continues to own pro perty through the last day of the last tax year for which a subtractio n is allowed with respect to that property under subparagr aph (O) and for which the taxpayer was allowed in an y taxable year to make a subtraction modification under subparagrap h (O), then an amount equal to that subtraction modification. The taxpayer is required to make the addition modification un der this subparagraph only once with respect to any o ne piece of property; (D-7) An amount equal to the amount oth erwise allowed as a deduction in computing base inco me for interest paid, accrued, or incurred, dire ctly or indirectly, (i) for taxable years ending on or after December 31, 2004, to a foreign person who would be a member of the same unitary business group but for the fact the foreign person's business activity o utside the United States is 80% or more of the foreig n person's total business activity and (ii) for taxable years ending on or after December 31, 2008, to a pers on who would be a member of the same unitary business group but for the fact that the person is prohibited u nder Section 1501(a)(27) from being included in the un itary business group because he or she is ordina rily required to apportion business income unde r different subsections of Section 304. The addition modification required by this subparagraph shall b e reduced to the extent that dividends were included in base income of the unitary group for the same taxable year and received by the taxpayer or by a me mber of the taxpayer's unitary business group ( including amounts included in gross income pursuant to Sections 951 through 964 of the Internal Revenue Code and amounts included in gross inco me under Section 78 of the Internal Revenue Code) with respe ct to the stock of the same person to whom the int erest was paid, accrued, or incurred. This paragraph shall not apply to the following: (i) an item of interest paid, accrued, or incurred, directly or indirectly, to a person wh o is subject in a foreign country or state, other than a state which requires mandatory unitary reporting, to a tax on or measured by net income with respect to such inter est; or (ii) an i tem of interest paid, accrued, or incurred, dir ectly or indirectly, to a person if the taxpayer can establish, based on a preponderance of the evidence, both of the following: (a ) the person, during the same taxable year, pai d, accrued, or incurred, the interest to a per son that is not a related member, and (b) the transaction giving rise to the interest expense between the taxpayer and the person did not have as a principal purpose the avoidance of Illi nois income tax, and is paid pursuant to a contra ct or agreement that reflects an arm's-length in terest rate and terms; or (iii) the taxpayer c an establish, based on clear and convincing evidence, that the interest paid, accrued, or incu rred relates to a contract or agreement entered i nto at arm's-length rates and terms and the principal purpose for the payment is not federal o r Illinois tax avoidance; or (iv) an item of interest paid, accrued, or incurred, directly or indirectly, to a person if t he taxpayer establishes by clear and convincing evidence that th e adjustments are unreasonable; or if the taxpayer and the Director agree in writing to th e application or use of an alternative method o f apportionment under Section 304(f). Nothing in this subsection shall preclude the Director f rom making any other adjustment otherwise allowed u nder Section 404 of this Act for any tax year beginning after the effective dat e of this amendment provided such adjustment is made pursuant to reg ulation adopted by the Department and such regulations provide methods and standards by which the Department w ill utilize its authority under Section 404 of thi s Act; and (D-8) An amount equal to the amount of intangible expenses and costs otherwise allowed a s a deduction in computing base income, and that were paid, accrued, or incurred, directly or indirectly, (i ) for taxable years ending on or after December 31, 200 4, to a foreign person who would be a member of the same unitary business group but for the fact that the fore ign person's business activity outside the United S tates is 80% or more of that person's total busine ss activity and (ii) for taxable years ending on or af ter December 31, 2008, to a person who would be a membe r of the same unitary business group but for the fact that the person is prohibited under Section 1501(a)(27) from being included in the unitary busine ss group because he or she is ordinarily required to apportion business income under different subsect ions of Section 304. The addition modification requi red by this subparagraph shall be reduced to the ex tent that dividends were included in base income of the unitary group for the same taxable year and receiv ed by the taxpayer or by a member of the taxpayer's u nitary business group (including amounts included i n gross income pursuant to Sections 951 through 964 of the Internal Revenue Code and amounts included in gross income under Section 78 of the Internal Revenue Code) with respect to the stock of the same person to whom the intangible expenses and costs were di rectly or indirectly paid, incurred or accrued. The pre ceding sentence shall not apply to the extent that t he same dividends caused a reduction to the addition m odification required under Section 203(d)(2)(D-7) of this Act. As used in this subparagraph, the term " intangible expenses and costs" includes (1) expenses, l osses, and costs for, or related to, the direct or indirect acquisition, use, maintenance or managem ent, ownership, sale, exchange, or any other disp osition of intangible property; (2) losses incurred, d irectly or indirectly, from factoring transactions or discounting transactions; (3) royalty, patent, tec hnical, and copyright fees; (4) licensing fees; and (5) other sim ilar expenses and costs. For purposes of this subparagraph, "intangible property" includes patents, patent applications, trade names, trademarks, service marks, copyrights, mask works, trade se crets, and similar types of intangible assets; This para graph shall not apply to the following:

(i) any item of intangible expenses or costs paid, accrued, or incu rred, directly or indirectly, from a transaction with a person who is subject in a foreign country or state, other than a state which requires mandator y unitary reporting, to a tax on or measured by net income with respect to such item; or

(ii) any item o f intangible expense or cost paid, ac crued, or incurred, directly or indirectly, if the taxpayer can establish, based on a preponderance of the evidence, both of the following: (a) the per son during the same taxable year paid, acc rued, or incurred, the intangible expense or cost to a person that is not a related member, and (b) the transaction giving rise to the intangible expense or cost between the taxpayer and the person did not have as a principal purpose the avoidance of Illinois income tax, an d is paid pursuant to a contract or agreement tha t reflects arm's-length terms; or (iii) a ny item of intangible expense or cost pa id, accrued, or incurred, directly or indirectly, from a transaction with a person if th e taxpayer establishes by clear and convincing evidence, that th e adjustments are unreasonable; or if the taxpayer and the Director agree in writing to th e application or use of an alternative method o f apportionment under Section 304(f); Nothing in this subsection shall preclude the Director f rom making any other adjustment otherwise allowed u nder Section 404 of this Act for any tax year beginning after the effective date of this amendment provided such adjustment is made purs uant to regulation adopted by the Department and suc h regulations provide methods and standards by which th e Department will utilize its authority under Section 4 04 of this Act; (D-9) For taxable years ending on or after December 31, 2008, an amount equal to the amount o f insurance premium expenses and costs otherwise allowed as a deduction in computing base income, and that were paid, accrued, or incurred, directly o r indirectly, to a person who would be a member of the same unitary business group but for the fact that th e person is prohibited under Section 1501(a)(27) fr om being included in the unitary business group becau se he or she is ordinarily required to apportion busine ss income under different subsections of Section 304. The addition modification required by this s ubparagraph shall be reduced to the extent that divide nds were included in base income of the unitary group for the same taxable year and received by the taxp ayer or by a member of the taxpayer's unitary business g roup (including amounts included in gross incom e under Sections 951 through 964 of the Internal Reven ue Code and amounts included in gross income under Se ction 78 of the Internal Revenue Code) with respe ct to the stock of the same person to whom the premiums and costs were directly or indirectly p aid, incurred, or accrued. The preceding sentence does not apply to the extent that the same dividends caused a red uction to the addition modification required under S ection 203(d)(2)(D-7) or Sec tion 203(d)(2)(D-8) of this Act;

(D-10) An amount equal to th e credit allowable to the taxpayer under Section 218(a) of this Act, determined without regard to Section 2 18(c) of this Act; (D-11) For taxable years ending on or after Dec ember 31, 2017, an amount equal to the deduction allowed under Section 199 of the Internal Reven ue Code for the taxable year; (D-12) the amount th at is claimed as a federal deduction when computing the ta xpayer's federal taxable income for th e taxable year and that is attributable to an endowment gift for which the tax payer receives a credit under the Illinois Gives Tax Cred it Act; and by deducting from the total so obtained the following amounts: (E) The valuation limitation amount; (F) An amount equal to the amount of any tax imposed by this Act which wa s refunded to the taxpayer and included in such total f or the taxable year; (G) An amount equal to all amounts included in ta xable income as modified by subparagraphs (A), (B), (C) and (D) which are exempt from taxation by this State either by reason of its statutes or Constitution or by reason of the Constitution, treaties or statutes of the Unit ed States; provided that, in the case of any statute of this State that exempts income derived from bo nds or other obligations from the tax imposed under thi s Act, the amount exempted shall be the interest net of bond premium amortization; (H) Any income of the partnership whi ch constitutes personal service income as defined in Se ction 1348(b)(1) of the Internal Revenue C ode (as in effect December 31, 1981) or a reasonable allo wance for compensation paid or accrued for services rendered by partners to the partnership, which ever is greater; this subparagraph (H) is exempt fr om the provisions of Section 250; (I) An amount equal to all amounts of income distributable to an entity subject t o the Personal Property Tax Replacement Income Tax imposed by subsections (c) a nd (d) of Section 201 of this Act including amounts distribut able to organizations exempt from federal income tax b y reason of Section 501(a) of the Internal Revenue Co de; this subparagraph (I) is exempt from the provision s of Section 250; (J) With the exception of any amounts subtracted under subparagraph (G), an amount equal to the su m of all amounts disallowed as deductions by (i) Sections 171(a)(2) and 265(a)(2) of the Inter nal Revenue Code, and all amounts of expenses allocab le to interest and disallowed as deductions by Section 265(a)(1) of the Internal Revenue Code; and (ii) for taxable years ending on or after Augus t 13, 1999, Sections 171(a)(2), 265, 280C, and 832(b) (5)(B)(i) of the Internal Revenue Code, plus, (iii) f or taxable years ending on or after December 31, 2011, Section 45G(e)(3) of the Internal Revenue Code and, for taxable years ending on or after December 31, 2008, any amount included in gross income und er Section 87 of the Internal Revenue Code; t he provisions of this subparagraph are exempt from t he provisions of Section 250; (K) An amount equal to those dividends included in such total which were paid by a corpora tion which conducts business operations in a River Edge Rede velopment Zone or zones created under the River Edge Redevelop ment Zone Act and conducts substantially all of its op erations from a River Edge Redevelopment Zone or zones. This subparagraph (K) is e xempt from the provisions of Section 250; (L) An amount equal to any c ontribution made to a job training project established pursuant to the Real Property Tax Increment Allocation Redev elopment Act; (M) An amount equal to those dividends included in s uch total that were paid by a corporation that conduc ts business operations in a federally designated Foreig n Trade Zone or Sub-Zone and that is designate d a High Impact Business located in Illinois; provided that div idends eligible for the deduction provided in subp aragraph (K) of paragraph (2) of this subsection shall not be eligible for the deduction provided under this s ubparagraph (M); (N) An amount equal to the amount of the deduction used to co mpute the federal income tax credit for restoration of substantial amounts held under claim of right for the taxable year pursuant to Section 1341 of the Intern al Revenue Code; (O) For taxable years 2001 and thereafter, for the taxable year in which the bonus depreciation deduction is taken on the taxpay er's federal income tax return under subsect ion (k) of Section 168 of the Internal Revenue Co de and for each applicable taxable year thereaf ter, an amount equal to "x", where: (1) "y" e quals the amount of the depreciation deduction taken for the taxable year on the taxpayer's federal income tax return on property for which the bonus depreciation deduction was taken i n any year under subsection (k) of Section 16 8 of the Internal Revenue Code, but not i ncluding the bonus depreciation deduction; (2) for tax able years ending on or before December 31, 2005, "x" equa ls "y" multiplied by 30 and then divided by 70 (or "y" multiplied by 0.429); and (3) for t axable years ending after December 31, 2 005: ( i) for property on which a bonus depreciation deduction of 30% of the adjusted basis was tak en, "x" equals "y" multiplied by 3 0 and then divided by 70 (or "y" multiplied by 0.429); (ii) for property on which a bonus depreciatio n deduction of 50% of the adjusted basis was taken, "x" equals "y" multiplied by 1.0;

(iii) for property on which a bo nus depreciation deduction of 100% of the adjusted basis was taken in a taxable year ending on or after D ecember 31, 2021, "x" equals the depreciation deduction tha t would be allowed on that property if the ta xpayer had made the election under Section 1 68(k)(7) of the Internal Revenue Code to not cl aim bonus depreciation on that property; and

(iv) for property on which a bonus de preciation deduction of a percentage o ther than 30%, 50% or 100% of the adjusted bas is was taken in a taxable year ending on or after December 31, 2021, "x" equals "y" multiplied by 100 times the per centage bonus depreciation on the property (that is, 10 0(bonus%)) and then divided by 100 times 1 minus the percentage bonus depreciation on the property (t hat is, 100(1-bonus%)).

The aggregate amount deducted under this subparagraph in all taxable years for any one piece of property may not exceed the amou nt of the bonus depreciation deduction taken on that property o n the taxpayer's federal income tax return under subse ction (k) of Section 168 of the Internal Revenue Code . This subparagraph (O) is exempt from the provisions of Sec tion 250; (P) If the taxp ayer sells, transfers, abandons, or otherwise disposes of prop erty for which the taxpayer was required in an y taxable year to make an addition modification under subparagraph (D-5), then an amount equal to tha t addition modification. If the taxpayer continues to own property t hrough the last day of the last tax year for which a subtraction is allowed with respect to that property under subparagraph (O) and for which the taxpayer was required in any tax able year to make an addition modification under sub paragraph (D-5), then an amount equal to that a ddition modification. The taxpayer is allowed to take the deduction under th is subparagraph only once with respect to any one pie ce of property.

This subparagraph (P) is exempt from the provis ions of Section 250; (Q) The amount of (i) any interest income (n et of the deductions allocable thereto) taken into account for the taxable year with respect to a transaction with a tax payer that is required to make an addition modification with respect to such transaction under Section 203(a) (2)(D-17), 203(b)(2)(E-12), 203(c)(2)(G -12), or 203(d)(2)(D-7), but not to exceed the amount of such addition modification a nd (ii) any income from intangible property (net of the deductions alloc able thereto) taken into account for the taxable year with respect to a transaction with a taxpayer that is requir ed to make an addition modification with respect to such transaction under Section 203(a)(2)(D-18), 203 (b)(2)(E-13), 203(c)(2)(G-13), or 203(d)(2)(D-8), but not to exceed the am ount of such addition modification. This subparagraph (Q) is exempt from Section 250; (R) An amount equal to the interest income taken into account for the taxable y ear (net of the deductions allocable thereto) with respect to transactions with (i) a foreign person who w ould be a member of the taxpayer's unitary business group but for the fact that the foreign person's b usiness activity outside the United States is 80 % or more of that person's total business activity an d (ii) for taxable years ending on or after Decem ber 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the p erson is prohibited under Section 1501(a)(27) from being included in the unitary business group b ecause he or she is ordinarily required to apportion b usiness income under different subsections of Section 304, but not to exceed the addition modification required to be made for the same taxabl e year under Section 203(d)(2)(D-7) for interest paid, accrued, or incurred, directly or indirectly, to the same person. This subparagraph (R) is exempt fr om Section 250;

(S) An amount equal to the income from int angible property taken into account for the taxable y ear (net of the deductions allocable thereto) with respect to transactions with (i) a foreign person who w ould be a member of the taxpayer's unitary business group but for the fact that the foreign person's b usiness activity outside the United States is 80 % or more of that person's total business activity an d (ii) for taxable years ending on or after Decem ber 31, 2008, to a person who would be a member of the same unitary business group but for the fact that the p erson is prohibited under Section 1501(a)(27) from being included in the unitary business group because he or she is ordinarily required to apportion business income under different subsections of Section 304, but not to exceed the addition modificatio n required to be made for the same taxable year under Section 203(d)(2)(D-8) for intangible expenses and costs p aid, accrued, or incurred, directly or indirec tly, to the same person. This subparagraph (S) is exempt f rom Section 250;

(T) For taxable years ending on or after December 31, 2011, in the case of a taxpayer who was r equired to add back any insurance premiums under Secti on 203(d)(2)(D-9), such taxpayer may elect to subtract that part of a reimbursement received from the insurance company equal to the amount of the expense or loss (including expenses incurred by the i nsurance company) that would have been taken int o account as a deduction for federal income tax p urposes if the expense or loss had been uninsured. If a taxpayer makes the election provided for by this subparagraph (T), the insurer to which the premi ums were paid must add back to income the amount subtracted by the taxpayer pursuant to this su bparagraph (T). This subparagraph (T) is exempt from the provisions of Section 250; and (U) For taxable ye ars beginning on or after January 1, 2023, for a ny cannabis establishment operating in this State an d licensed under the Cannabis Regulation and Tax Ac t or any cannabis cultivation center or medical cannabis dispensing organization operating in this State and licensed under the Compassionate Use of Medical Cann abis Program Act, an amount equal to the deduc tions that were disallowed under Section 280E of the Internal Revenue Code for the tax able year and that would not be added back under this subsect ion. The provisions of this subparagraph (U) are exempt from the provisions of Section 250. (e) Gross income; adjusted gross income; taxable income. (1) In general. Subject to the provisions of paragraph (2) and subsection (b)(3), for purposes of this Section and Section 803(e), a taxpayer's gross income, adjusted gross income, or ta xable income for the taxable year shall mean the amo unt of gross income, adjusted gross income or taxable inc ome properly reportable for federal income tax purposes f or the taxable year under the provisions of the Internal Revenue Code. Taxable income may be less than zero. Howeve r, for taxable years ending on or after December 31, 1986 , net operating loss carryforwards from taxable years en ding prior to December 31, 1986, may not exceed the sum o f federal taxable income for the taxable year before net ope rating loss deduction, plus the excess of addition modifi cations over subtraction modifications for the taxable ye ar. For taxable years ending prior to December 31, 1986, t axable income may never be an amount in excess o f the net operating loss for the taxable year as defined in subsections (c) and (d) of Section 172 of the Internal R evenue Code, provided that when taxable income of a corp oration (other than a Subchapter S corporation), trust, o r estate is less than zero and addition modific ations, other than those provided by subparagraph (E) of paragraph (2) of subsection (b) for corporations or subparagraph (E) of paragraph (2) of subsection (c) for t rusts and estates, exceed subtraction modifications, an add ition modification must be made under those subpara graphs for any other taxable year to which the taxab le income less than zero (net operating loss) is applied under Section 172 of the Internal Revenue Code or under subparagraph (E) of paragraph (2) of this subsection (e) applied in conju nction with Section 172 of the Internal Revenue Code. (2) Special rule. For purpos es of paragraph (1) of this subsection, the taxabl e income properly reportable for federal income tax p urposes shall mean: (A) Certain life insurance companies. In t he case of a life insurance company subject to the t ax imposed by Section 801 of the Internal Revenue Code, life in surance company taxable income, plus the amount o f distribution from pre-1984 policyholder surpl us accounts as calculated under Section 815a of the Internal Re venue Code; (B) Certai n other insurance companies. In the case of mutual insurance companies subject to the tax imposed by Se ction 831 of the Internal Revenue Code, insurance company taxabl e income; (C) Regulat ed investment companies. In the case of a regulate d investment company subject to the tax imposed by Se ction 852 of the Internal Revenue Code, investment company taxable income;

(D) Real estate in vestment trusts. In the case of a real estate investm ent trust subject to the tax imposed by Section 8 57 of the Internal Revenue Code, real estate invest ment trust taxable income; (E) Consolidated corporations. In the case of a corporation which is a member of an affiliated group of corporations filing a consolidat ed income tax return for the taxable year for federal income tax purposes, taxable income determined as if such corporation had filed a separate return for federal income tax purposes for the taxable ye ar and each preceding taxable year for which it was a me mber of an affiliated group. For purposes of this subparagr aph, the taxpayer's separate taxable income shall be de termined as if the election provided by Section 243(b)(2) of the Internal Revenue Code had bee n in effect for all such years; (F) Cooperatives. In the case of a cooperative corporation or association , the taxable income of such organization determined in accordance with the provisions of Section 1381 throu gh 1388 of the Internal Revenue Code, but wit hout regard to the prohibition against offsetting l osses from patronage activities against income from n onpatronage activities; except that a cooperative corp oration or association may make an election to follow its federal income tax treatment of patronage loss es and nonpatronage losses. In the event such election is made, such losses shall be computed and car ried over in a manner consistent with subsection (a) o f Section 207 of this Act and apportioned by the apport ionment factor reported by the cooperative on its Illin ois income tax return filed for the taxable yea r in which the losses are incurred. The election sh all be effective for all taxable years with original returns due on or after the date of the election. In a ddition, the cooperative may file an amended return or returns, as allowed under this Act, to provide that the election shall be effective for lo sses incurred or carried forward for taxable years o ccurring prior to the date of the election. Once made, the election may only be revoked upon approval of th e Director. The Department shall adopt rules setting forth requirements for documenting the elections and a ny resulting Illinois net loss and the standards to be used by the Director in evaluating requests to r evoke elections. Public Act 96-932 is declarator y of existing law; (G) Subchapter S corporations. In the case of: (i) a Subchapter S corporation for which ther e is in effect an election for the taxable year under Section 1362 of the Internal Revenue Code, the taxa ble income of such corporation determined in accordanc e with Section 1363(b) of the Internal Revenue Code, ex cept that taxable income shall take into account t hose items which are required by Section 1363(b)(1) o f the Internal Revenue Code to be separately stated; and (ii) a Subchapter S corporation for which ther e is in effect a federal election to opt out of the provisions of the Subchapter S Revisio n Act of 1982 and have applied instead the prior federal Sub chapter S rules as in effect on July 1, 1982, the tax able income of such corporation determined in accordan ce with the federal Subchapter S rules as in effect o n July 1, 1982; and (H) Partnerships. In the case of a partnership, taxable income determined in accordance with Section 703 of the Internal Revenue Code, except that taxable income shall tak e into account those items which are required by Section 703(a)(1) to be separately stated but which would b e taken into account by an individual in calculating his taxable income. (3) Recapture of business expenses on disposition of asset or business. Notwithstanding any other law to the contrary, if in prior years income from an asset or business has been classified as business income and in a later year is demonstrat ed to be non-business income, then all expenses, without limitation, deducted in such later year and in the 2 immediately preceding taxable years related to tha t asset or business that generated the non-busines s income shall be added back and recaptured as business i ncome in the year of the disposition of the asset or busi ness. Such amount shall be apportioned to Illinois using the greater of the apportionment fraction computed for the business under Section 304 of this Act for the taxable ye ar or the average of the apportionment fractions compu ted for the business under Section 304 of this Act f or the taxable year and for the 2 immediately preceding taxabl e years. (f) Valuation limitation amoun t. (1) In general. The valuation limitation amount referred to in subs ections (a)(2)(G), (c)(2)(I) and (d)(2)(E) is an amoun t equal to: (A) The sum of the pre-Aug ust 1, 1969 appreciation amounts (to the extent consisting of gain re portable under the provisions of Section 1245 or 1250 o f the Internal Revenue Code) for all property in re spect of which such gain was reported for the taxable y ear; plus (B) The lesser of (i) the sum of the pre-August 1, 19 69 appreciation amounts (to the extent consisting of capital gain) for all property in respect of which such gain was reported for federal income tax purposes for the taxable year, or (ii) the net capit al gain for the taxable year, reduced in either case by any am ount of such gain included in the amount determin ed under subsection (a)(2)(F) or (c)(2)(H). (2) Pre-August 1, 1969 appreciation amount. (A) If the fair market value of property refer red to in paragraph (1) was readily ascertainable on Au gust 1, 1969, the pre-August 1, 1969 appreciatio n amount for such property is the lesser of (i) th e excess of such fair market value over the taxpayer's basis (for determining gain) for such prope rty on that date (determined under the Internal Revenue Code a s in effect on that date), or (ii) the total gain rea lized and reportable for federal income tax purposes in re spect of the sale, exchange or other disposition of such property.

(B) If the fair market value of property referred to in paragraph (1) was not readily ascertainable on Augus t 1, 1969, the pre-August 1, 1969 appreciatio n amount for such property is that amount which bears the same ratio to the total gain reported in respect of the property for federal income tax purposes for th e taxable year, as the number of full calendar month s in that part of the taxpayer's holding period f or the property ending July 31, 1969 bears to the number of full calendar months in the taxpayer's entire hol ding period for the property. (C) The Department shall prescribe such regulations as may be necessary to carry out the purposes of this para graph. (g) Double deductions. Unle ss specifically provided otherwise, nothing in this Sectio n shall permit the same item to be deducted more than once. (h) Legislative intention. Except as expressly provided by this Section there shall be no m odifications or limitations on the amounts of income, gain, l oss or deduction taken into account in determining gross income , adjusted gross income or taxable income f or federal income tax purposes for the taxable year, or in the amount of such items entering in to the computation of base income and net income under this Act for such taxable year, whether in respe ct of property values as of August 1, 1969 or otherwise.(Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658, eff. 8-27-21; 102-813, eff. 5-13-22; 102-1112, eff. 12-21-22; 103-8, eff. 6-7-23; 103-478, eff. 1-1-24; 103-592, Article 10, Section 10-9 00, eff. 6-7-24; 103-592, Article 170, Section 170- 90, eff. 6-7-24; 103-605, eff. 7-1-24; 103-647, eff. 7-1-24; revised 8-20-24.) (35 ILCS 5/241) Sec. 241. Credit for quantum computing campuses. (a) A taxpayer who has been awarded a credit by the Department of Commerce and Economic Opportunity under Section 605-1115 605-115 of the Departme nt of Commerce and Economic Opportunity Law of the Civil Administrative C ode of Illinois is entitled to a credit against the taxes imp osed under subsections (a) and (b) of Section 201 of this A ct. The amount of the credit shall be 20% of the wages paid by the taxpayer during the taxable year to a full-tim e or part-time employee of a construction con tractor employed in the construction of an eligible facility located on a quantum computing campus designate d under Section 605-1115 605-115 of the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Il linois. (b) In no event shall a credit u nder this Section reduce the taxpayer's liability to less than z ero. If the amount of the credit exceeds the tax liability fo r the year, the excess may be carried forward and applied to the tax liability of the 5 taxable years fo llowing the excess credit year. The tax credit shall be applied to the earliest year for which there is a tax liabi lity. If there are credits for more than one year that are avai lable to offset a liability, the earlier credit shall be app lied first. (c) A pers on claiming the credit allowed under this Section shall att ach to its Illinois income tax return for the taxable year for which the credit is allowed a copy of the tax credit certificate issued by the Depart ment of Commerce and Economic Opportunity. ( d) Partners and shareholders of Subchapter S corporations are entitled to a credit under this Section as provided in Se ction 251. (e) As used in this Section, "eli gible facility" means a building used primarily to house one or more of the following: a quantum computer operator; a rese arch facility; a data center; a manufacturer and assem bler of quantum computers and component parts; a cryogenic or refrigeration fa cility; or any other facility determined, by industry and academic leaders, to be fundamental to the research and development of quantum com puting for practical solutions. (f) This Section is exem pt from the provisions of Section 250. (Source: P.A. 103-595, eff. 6-26-24; revised 9-25-24.) (35 ILCS 5/242) Sec. 242 241. Music and Musicians Tax Credits and Jobs Act. Taxpayers who have bee n awarded a credit under the Music and Musicians Tax Credits a nd Jobs Act are entitled to a credit against the tax es imposed by subsections (a) and (b) of Section 201 of this Act in an amount determined by the Department of Commerce and E conomic Opportunity under that Act. The credit shall be claime d in the taxable year in which the tax credit awa rd certificate is issued, and the certificate shall be atta ched to the return. If the taxpayer is a partnership or Subchapter S corporation, the credit shall be allowed to the partners or shareholders in accordance with the provisions of Section 251. The credit may not reduce th e taxpayer's liability to less than zero. If the amount of the credit exceeds the tax liability for the year, the excess may be carried forward and applied to the tax liability of the 5 taxable years following the excess credit year. The credit shall be applied to the earliest year fo r which there is a tax liability. If there are credits from more than one tax year th at are available to offset a liability, the earlier credit shall be applied first. (Source: P.A. 103-592, Article 52, Section 52-5, eff. 6-7-24; revised 9-25-24.) (35 ILCS 5/243) Sec. 243 241. The Illinois Gives tax credit. (a) For taxable years ending on or after December 31, 2025 and ending before January 1, 2030, each taxpayer for whom a ta x credit has been authorized by the Department of Rev enue under the Illinois Gives Tax Credit Act is entitled to a credit against the tax imposed under subsections (a) and ( b) of Section 201 in an amount equal to the amount authorized under that Act. (b) For partners of partnerships and shareholders of S ubchapter S corporations, there is allowed a credit under this Section to be determined in accordance with Section 251 of thi s Act. (c) The credit may not be carried back and may not reduce the taxpayer's liability to less than z ero. If the amount of the credit exceeds the tax liability fo r the year, the excess may be carried forward and applied to the tax liability of the 5 taxable yea rs following the excess credit year. The tax credit shall be applied to the earliest year for which there is a tax liability. If there are credits for more than one year that are available to offset a liability, the earlier credit shall be applied f irst.(Source: P.A. 103-592, Article 170, Section 170-90, eff. 6-7-24; revised 9-25-24.) (35 ILCS 5/244) Sec. 244.

Child tax credit. (a) For the taxable years beginni ng on or after January 1, 2024, each individual taxpayer who ha s at least one qualifying child who is younger than 12 years of age as of the last day of the taxable year is entitled to a cre dit against the tax imposed by subsections (a) and (b) of Secti on 201. For tax years beginning on or after January 1, 20 24 and before January 1, 2025, the credit shall be equal to 20% of the credit allowed to the tax payer under Section 212 of this Act for that taxable ye ar. For tax years beginning on or after January 1, 2025, the a mount of the credit shall be equal to 40% of the credit allowed to the taxpayer under Section 212 of this Act for that taxable year. (b) If the amount of the credit exceed s the income tax liability for the applicable tax year, then th e excess credit shall be refunded to the ta xpayer. The amount of the refund un der this Section shall not be included in the taxpay er's income or resources for the purposes of de termining eligibility or benefit level in any means-tested benefit program administered by a governmental en tity unless required by federal l aw. (c) The Department may adopt rules to carry out the pro visions of this Section. (d) As used in this Section, "qualifying child" has the meaning given to that term in Section 15 2 of the Internal Revenue Code. (e) This Section is exempt from the provisions of Section 250. (Source: P.A. 103-592, eff. 6-7-24; revised 10-23-24.)

(35 ILCS 5/304) (from Ch. 120, par. 3-304) Sec. 304. Business income of persons other than residents. (a) In general. The business income of a person other than a resident shall be allocated to this Stat e if such person's business income is derived solely from this State. If a person other than a resident derive s business income from this State and one or more other stat es, then, for tax years ending on or before December 30, 1998 , and except as otherwise provided by this Section, such person's business income shall be apportioned to this State b y multiplying the income by a fraction, the numerator of which is the sum of the property factor (if any), the payroll factor ( if any) and 200% of the sales factor (if any), and the denomi nator of which is 4 reduced by the number of factors othe r than the sales factor which have a denominator of zero and by an additional 2 if the sales factor has a denominator of zero. For tax years ending on or after December 31, 1998, and e xcept as otherwise provided by this Sec tion, persons other than residents who derive busi ness income from this State and one or more other states sh all compute their apportionment factor by weighting the ir property, payroll, and sales factors as provided in subs ection (h) of this Section. (1) Proper ty factor. (A) The pro perty factor is a fraction, the numerator of which is the average value of the person's real and tangible pers onal property owned or rented and used in t he trade or business in this State during the taxable ye ar and the denominator of which is the average value of al l the person's real and tangible personal property owned or rented and used in the trade or business during the t axable year. (B) Property owned by the person is valued at i ts original cost. Property rented by the person is valued at 8 times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the person less any an nual rental rate received by the person from sub-r entals. (C) The ave rage value of property shall be deter mined by averaging the values at the beginning an d ending of the taxable year, but the Director may require th e averaging of monthly values during the taxable year if reasonably required to reflect properly the average value of the person's property. (2 ) Payroll factor. (A) The payr oll factor is a fraction, the numerator of which is the total amount paid in t his State during the taxable year by the person for compensatio n, and the denominator of which is the total com pensation paid everywhere during the taxable year. (B) Compensation is p aid in this State if: (i) The individual's service is performed entirely within this State;

(ii) The individual 's service is performed both within and without thi s State, but the service performed without this State is incidental to the individual's service performe d within this State; or (iii) For tax years ending prior to December 31, 2020, some of the service is performed w ithin this State and either the base of operati ons, or if there is no base of operations, the place from which the service is directed or controlled is w ithin this State, or the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in this S tate. For tax years ending on or after December 31, 2020, compensation is paid in this State if some of t he individual's service is performed within this Stat e, the individual's service performed within this St ate is nonincidental to the individual's service perfor med without this State, and the individual's service is performed within this State for more than 30 wor king days during the tax year. The amount of compensati on paid in this State shall include the portion of the individual's total compensation for services performed on behalf of his or her emp loyer during the tax year which the number of working days s pent within this State during the tax year b ears to the total number of working days spent bot h within and without this State during the ta x year. For purposes of this paragraph:

(a) The t erm "working day" means all days during the tax yea r in which the individual performs duties on behalf of his or h er employer. All days in which the individual performs no duties on behalf of his or her employer (e.g., weekends, vacation days, sick days, and holidays) are not working days. (b) A wo rking day is spent within this State if: (1) the individual performs service on behalf of the employer and a greate r amount of time on that day is spent by the individual perf orming duties on behalf of the employer within this State, without regard to time spent t raveling, than is spent performing duties on behalf of the employer without t his State; or (2) the only service the individual perf orms on behalf of the employer on that day is traveling to a destination within this State, and the individual arrives on that day. (c) Worki ng days spent within this State do not include any day in which the employee is performing services in this State during a disaster period solely in resp onse to a request made to his or he r employer by the government of this State, by any political su bdivision of this State, or by a person cond ucting business in this State to perform disas ter or emergency-related services in thi s State. For purposes of this item (c): "Declared State dis aster or emergency" means a disaster or emergency event (i) fo r which a Governor's proclamation of a s tate of emergency has been issued or (ii) f or which a Presidential declaration of a federa l major disaster or emergency has been issued.

"Disaster period" mean s a period that begins 10 days prior to the date of the Governor's proc lamation or the President's declaration ( whichever is earlier) and extends for a period of 60 calendar days after the end of the declared disaster or emergency period . "Disaster or emergency-related servi ces" means repairing, renovating, installing, building, or r endering services or conducting other busines s activities that relate to infrastructure that has been damaged, impaired, or destroyed by the declared State disaster or emergency.

"Infrastructure" means property a nd equipment owned or used by a public utilit y, communications network, broadband a nd Internet int ernet service provider, ca ble and video service provider, electric or ga s distribution system, or water pipe line that provides service to more than one customer or p erson, including related support facilities. "Infrastructure" i ncludes, but is not limited to, real an d personal property such as buildings, offices, power lin es, cable lines, poles, communications lines , pipes, structures, and equipment. (iv) Compensation paid to nonres ident professional athletes. (a) General. The Illinois source i ncome of a nonresident individual who is a member of a professional athletic team includes the portion of th e individual's total compensation for services performe d as a member of a professional athletic team during the tax able year which the number of duty days spent within this Sta te performing services for the team in any manne r during the taxable year bears to the total number of duty days spent both within and without this State during the taxable year. (b) Travel days. Travel days tha t do not involve either a game, practice, team meeting, or other similar team event are not c onsidered duty days spent in this State. However, such trave l days are considered in the total duty days spent both within and without this State. (c) Def initions. For purposes of this subpart (iv): (1) The term "professional athletic team" includes, but is not limited to, any professional baseball, basket ball, football, soccer, or hockey team. (2) The term "member of a professional athletic team" i ncludes those employees who are active players, playe rs on the disabled list, and any other persons required to travel and who travel with and perform services on beha lf of a professional athletic team on a regular bas is. This includes, but is not limited to, coaches, managers, and trainers. (3) Except as provide d in items (C) and (D) of this subpart (3), the t erm "duty days" means all days during the taxa ble year from the beginning of the professional athlet ic team's official pre-season trainin g period through the last game in which the team c ompetes or is scheduled to compete. Dut y days shall be counted for the year in which they occur, includi ng where a team's official pre-season tra ining period through the last game in which the team competes or is scheduled to comp ete, occurs during more than one tax year. (A) Duty days shall also in clude days on which a member of a professional athletic team performs service for a team on a date that does not fall within the f oregoing period (e.g., participation in i nstructional leagues, the "All Star Game", or promotional "carav ans"). Performing a service for a profes sional athletic team includes conducting t raining and rehabilitation activities, when su ch activities are conducted at team facilities. (B) Also included i n duty days are game days, practice days, days spent at team meet ings, promotional caravans, preseason trainin g camps, and days served with the team thr ough all post-season games in which the team competes or is scheduled to compete. (C) Duty days for any person who joins a team during the period from the beginning of the professional athletic team's official pre-season training period through the la st game in which the team competes, or is schedul ed to compete, shall begin on the day that pe rson joins the team. Conversely, duty days for any perso n who leaves a team during this period shall end on the d ay that person leaves the team. Where a person switches teams during a taxable year, a separa te duty-day calculation shall be made for the period the person was with each t eam. (D) Days for which a member of a professional athletic team is not compensated and is not performing services for the team in any manner, inclu ding days when such member of a professional a thletic team has been suspended without p ay and prohibited from performing any service s for the team, shall not be treated as duty da ys. (E) Days for which a member of a pro fessional athletic team is on the disabled li st and does not conduct rehabilitation ac tivities at facilities of the team, and is not ot herwise performing services for the team in Illinois, shall not be considered duty days spent in this State. All days on the disabled list, however, are considered to be included in total duty days spent both within and without this S tate. (4) The te rm "total compensation for services performed as a member of a professional athletic tea m" means the total compensation received during the taxable year for services pe rformed:

(A) from the beginning of the official pr e-season training period through the la st game in which the team competes or is sche duled to compete during that taxable yea r; and (B ) during the taxable year on a date which does not fall within the foregoing period (e.g. , participation in instructional leagues, the " All Star Game", or promotional caravans). This compensation shall include, but is not limited to , salaries, wages, bonuses as described in this subpart , and any other type of compensation paid during th e taxable year to a member of a professional athl etic team for services performed in that ye ar. This compensation does not include strike benefits, severan ce pay, termination pay, contract or option y ear buy-out payments, expansion or relocati on payments, or any other payments not relate d to services performed for the team. For purposes of this subparagraph, "bonuses" included in "tot al compensation for services performed as a membe r of a professional athletic team" subject to the all ocation described in Section 302(c)(1) are : bonuses earned as a result of play (i.e., perfor mance bonuses) during the season, including bon uses paid for championship, playoff or "bowl" ga mes played by a team, or for selection to all-star league or other honorary positions; and bonuses paid for signing a contract, unless the pa yment of the signing bonus is not condition al upon the signee playing any games for the te am or performing any subsequent services for the team or ev en making the team, the signing bonus is payable separately from the salary and any other compensation, and the si gning bonus is nonrefundable. (3) Sal es factor. (A) The sales factor is a fraction, the numerat or of which is the total sales of the p erson in this State during the taxable year, and the denom inator of which is the total sales of the person eve rywhere during the taxable year. (B) Sales of tangible personal property are in t his State if: (i ) The property is delivered or shipped to a purchaser, other than the United States government, within th is State regardless of the f. o. b. point or other con ditions of the sale; or (ii) The property is shipped from an office, store, warehouse, factory or oth er place of storage in this State and either the purcha ser is the United States government or the person is not taxable in the state of the purchaser; prov ided, however, that premises owned or leased by a per son who has independently contracted with the selle r for the printing of newspapers, periodicals or books shall not be deemed to be an office, store, warehouse , factory or other place of storage for purposes of thi s Section. Sales of tangible personal property are n ot in this State if the seller and pu rchaser would be members of the same unitary business group but for the fact that either the seller or purchaser is a person with 8 0% or more of total business activity outside of the United States and the property is purchased for resale. (B-1) Patents, cop yrights, trademarks, and similar items of intangible pers onal property.

(i) Gross receipts from the licensing, sale, or othe r disposition of a patent, copyright, trademark, or similar item of intangible personal property, other than gross receipts governed by paragraph (B-7) of this item (3), are in this State to the extent the item is utilized in this St ate during the year the gross receipts are included in gross income. (ii) Place of utilization. (I) A patent is ut ilized in a state to the extent that it is emp loyed in production, fabrication, manufacturing , or other processing in the state or to the exten t that a patented product is produced in the state. If a patent is utilized in more than one sta te, the extent to which it is utilized in any one state shall be a fraction equal to the gross recei pts of the licensee or purchaser from sales or le ases of items produced, fabricated, manufactured, or processed wi thin that state using the patent and of pa tented items produced within that state, di vided by the total of such gross receipts for a ll states in which the patent is utilized.

(II) A cop yright is utilized in a state to the extent that pr inting or other publication originates in the stat e. If a copyright is utilized in more than one state, the extent to which it is utilized in any one state shall be a fraction equal to the gross receipts from sales or licenses of materials printed or p ublished in that state divided by the total of suc h gross receipts for all states in which the copyright is utilized. (III) Trademarks and oth er items of intangible personal property governed by this paragraph (B-1) are utilized in the state in w hich the commercial domicile of the licensee or purchase r is located. (iii) If the state of utilization of an item o f property governed by this paragraph (B-1) can not be determined from the taxpayer's books and rec ords or from the books and records of any p erson related to the taxpayer within the meaning of Section 267(b) of the Internal Revenue Code, 26 U.S.C. 267, the gr oss receipts attributable to that item shall be excluded f rom both the numerator and the denominator of the sales factor . (B-2) Gross r eceipts from the license, sale, or other disposition of patents, copyrights, trademarks, and similar items of i ntangible personal property, other than gross receipts go verned by paragraph (B-7) of this item (3), may be in cluded in the numerator or denominator of the sales facto r only if gross receipts from licenses, sales, or other disposition of such items comprise more than 50% of t he taxpayer's total gross receipts included in gross income during the tax y ear and during each of the 2 immediately preceding tax years; pr ovided that, when a taxpayer is a member of a unitary bus iness group, such determination shall be made on the basis of the gross receipts of the entire unitary busine ss group. (B-5) For taxable years ending on or after December 31, 2008, except as provided in subsections (ii) th rough (vii), receipts from the sale of telecommunications service or mobil e telecommunications service are in this State if the cus tomer's service address is in this State. (i) For purposes of this subparagraph (B-5), the following ter ms have the following meanings:

"Ancillary services" means services that are associated with or incidental to the provision of "te lecommunications services", including, but not limited t o, "detailed telecommunications billing", "directory assistance", "vertical service", and "voice mail serv ices". "Air-to-Ground Radiotelephone service" means a radio service, as tha t term is defined in 47 CFR 22.99, in which common carriers are authorized to offer and provide radio telecomm unications service for hire to subscribers in aircraft. "Call-by -call Basis" means any method of chargin g for telecommunications services where the price is measured by individual calls. "Communications Channel" means a physi cal or virtual path of communications over which si gnals are transmitted between or among customer channe l termination points. "Conference bridging service" means an "ancillary service" that links two or more participants of an audio or video confer ence call and may include the provision of a telephone number. "Conference bridging service" does not i nclude the "telecommunications services" used to reach the conference bridge. "Customer Channel Termination Point" m eans the location where the customer either inputs or recei ves the communications. "Detailed telecommunications billing servi ce" means an "ancillary service" of separately stating in formation pertaining to individual calls on a customer's billin g statement.

"Directory assistance" means an "ancillary serv ice" of providing telephone number info rmation, and/or address information. "Home service provider" means t he facilities based carrier or reseller with which the customer contracts for the provision of mobile telecommu nications services. "Mobile telecommunications service" means commerc ial mobile radio service, as defined in Section 20. 3 of Title 47 of the Code of Federal Regulations as in effect on June 1, 1999. "Place of primary use" means the str eet address representative of where the customer's use of the telecommunications service primarily occurs, which must be the residential street address or the primary business str eet address of the customer. In the case of mobi le telecommunications services, "place of primary use" must be with in the licensed service area of the home service prov ider. "Post-paid telecommunication service" means the telecommunications service obtained by making a payme nt on a call-by-call basis either through the use of a credit card or payment mechanism such as a bank card, travel card, credit card, or debit ca rd, or by charge made to a telephone number which is no t associated with the origination or termination of the telecommunications service. A post-paid calling serv ice includes telecommunications service, except a prepaid wireless calling service, that would be a p repaid calling service except it is not exclusive ly a telecommunication service. "Prepaid telecommuni cation service" means the right to access exclusive ly telecommunications services, which must be paid for in advance and which enables the origination of calls using an access numb er or authorization code, whether manually or electron ically dialed, and that is sold in predetermined units or dollars of which the number declines with use in a known amount. "Prepaid Mobile telecommunication service" mean s a telecommunications service that provides the ri ght to utilize mobile wireless service as w ell as other non-telecommunication services, i ncluding, but not limited to, ancillary services, whi ch must be paid for in advance that is sold in pr edetermined units or dollars of which the numb er declines with use in a known amount. "Private communication ser vice" means a telecommunication service that entitles t he customer to exclusive or priority use of a c ommunications channel or group of channels between or among termination points, re gardless of the manner in which such channel or channels are conne cted, and includes switching capacity, extension lines, stati ons, and any other associated services that are provided in connection with the use of such channe l or channels. "Service address" mea ns: (a) The locat ion of the telecommunications equipment to which a customer's call is charged and from which the ca ll originates or terminates, regar dless of where the call is billed or paid; (b) If the location in line (a) is not known, service address means the origination point of the signal of the telecommunications services first identified by either the selle r's telecommunications system or in informati on received by the seller from its service provider where the system used to t ransport such signals is not that of the seller; and (c) If the loca tions in line (a) and line (b) are not known, the servi ce address means the location of the custome r's place of primary use. "Telecommunications service" me ans the electronic transmission, conveyance, or routi ng of voice, data, audio, video, or any other in formation or signals to a point, or between or among p oints. The term "telecommunications service" inclu des such transmission, conveyance, or routing in wh ich computer processing applications are used to act on the form, code or protocol of the content for purposes of transmission, conveyance or routing without regard to whether such service is referred to as voice over Internet protocol services or is c lassified by the Federal Communications Comm ission as enhanced or value added. "Telecommunica tions service" does not include: (a) Data processing and information services t hat allow data to be generated, acquired, stored, processed, or retrieved and delivered by an electronic transmission to a purch aser when such purchaser's primary purpose for the underlying transaction is th e processed data or information;

(b) Installation or maintenance of wir ing or equipment on a customer's premises; (c) Tangible persona l property; (d) Advertising, including, but not limited to, directory advertising; (e) Bi lling and collection services provided to third parties; (f) Internet access service; (g) Radio and television audio and video programming services, regardless of the medium, includin g the furnishing of transmission, conveyance and routing of such services by the programming s ervice provider. Radio and television a udio and video programming services shall include, but not be limited to, ca ble service as defined in 47 USC 522(6) and audio and video programming services delivered by comm ercial mobile radio service providers, as defined in 4 7 CFR 20.3; (h) "Ancillary services"; o r (i) Digital products "delivered electronically", including , but not limited to, software, music, video, reading materials or ringtones ring tones. "Vertical service" means an "ancillary service" that is off ered in connection with one or more "telecommunications servic es", which offers advanced calling features that all ow customers to identify callers and to manage mu ltiple calls and call connections, including "conferen ce bridging services". "Voice mail service" means an " ancillary service" that enables the customer to store, send or receive recorded messages. "Voice mail service" does not include any "vertical services" that the customer may be required to have in order to utilize the "voice mail service". (ii) Receipts from the sale of telecommunications service sold on an individual call-by-call basis are in this State if either of t he following applies: (a) The call both originates and terminates in this State. (b) The call either origina tes or terminates in this State and the service addres s is located in this State. (iii) Receipts from the sale of postpaid telecommunications service a t retail are in this State if the origination poin t of the telecommunication signal, as first identifi ed by the service provider's telecommunication syst em or as identified by information received b y the seller from its service provider if the system us ed to transport telecommunication signals is not the seller's, is located in this State. (iv) Receipts from the sal e of prepaid telecommunications service or prepaid mobile telecommunications service at retail are in this State if the purchaser obtains the prepaid card or similar means of conveyance at a location in this State. R eceipts from recharging a prepaid telecommunications service or mobile telecommuni cations service is in this State if the purchaser's billing inf ormation indicates a location in this State. (v) Receipts from the sale of private communicati on services are in this State as follows: (a) 100% of rece ipts from charges imposed at each channel termination point in th is State.

(b) 100% of receipts from charges for the tot al channel mileage between each channel termina tion point in this State. (c) 50% of the tot al receipts from charges for service segments when those seg ments are between 2 customer channel termination p oints, 1 of which is located in this State and the other is located outside of this State, which seg ments are separately charged. (d) The re ceipts from charges for service segments with a channel termination point located in this State and in two or more other s tates, and which segments are not separately billed, are in th is State based on a percentage determined by dividin g the number of customer channel termination points in this State by the total number of customer channel termination points.

(vi) Receipts from charges for ancillary servi ces for telecommunications service sold to customers at retail are in this State if the customer's prim ary place of use of telecommunications services associate d with those ancillary services is in this State. If the sel ler of those ancillary services cannot determin e where the associated telecommunications are locat ed, then the ancillary services shall be based on the location of the purchaser. (vii) Receipts to acc ess a carrier's network or from the sale of tel ecommunication services or ancillary serv ices for resale are in this State as follows: (a) 100% of the receipts from access fees attributable to int rastate telecommunications service that both originates an d terminates in this State.

(b) 50% of the receipts from acc ess fees attributable to interstate telecommunicat ions service if the interstate call either ori ginates or terminates in this State. (c) 100% of the receipts from interstate end user access line charges, if the custome r's service address is in this State. As used in th is subdivision, "interstate end user access l ine charges" includes, but is not limited to, the surcharge approved by the federal communicati ons commission and levied pursuant to 47 CFR 69.

( d) Gross receipts from sales of telecommunicati on services or from ancillary services for tel ecommunications services sold to other telecommun ication service providers for resale shall be s ourced to this State using the apportionment concepts used for n on-resale receipts of telecommunications services if the i nformation is readily available to make that determination . If the information is not readily available, then the taxpayer may use any other reasonable and consiste nt method. (B-7) For taxable years ending on or a fter December 31, 2008, receipts from the sale of broadcasting services are in this State if the broadcasting service s are received in this State. For purposes of t his paragraph (B-7), the following terms have t he following meanings:

"Advertising revenue" means conside ration received by the taxpayer in exchang e for broadcasting services or allowing the broadcastin g of commercials or announcements in connection wit h the broadcasting of film or radio programming, fr om sponsorships of the programming, or from product pl acements in the programming. "Audience factor" means the ratio that the audience or subscribers located in this Sta te of a station, a network, or a cable system bears to the total audience or total subscribers for that stat ion, network, or cable system. The audience factor f or film or radio programming shall be determined by reference to the books and records of the taxpayer or by reference to publi shed rating statistics provided the method used by the taxpayer is consistently used from year to year for this purpose and fairly represents the taxpayer' s activity in this State. "Broadcast" or "broadcasting" or "b roadcasting services" means the trans mission or provision of film or radio programming, whether th rough the public airwaves, by cable, by direct or indi rect satellite transmission, or by any other means of communication, either through a station, a netwo rk, or a cable system. "Film" or "film programming" means the broadcast on television of any and all performance s, events, or productions, including, but not limited to, news, sporting events, plays, stories, or other literary, com mercial, educational, or artistic works, either live or through the use of video tape, disc, or any other type of format o r medium. Each episode of a series of films produced for televi sion shall constitute a separa te "film" notwithstanding that the series relates to the same principal subject and is produced during one or more tax periods. "Radio" or "radio programming" means th e broadcast on radio of any and all performances, ev ents, or productions, including, but not limited to, news, sporting events, plays, stories, or other literary, commercial, educational, or artistic works, either live or through the use of an audio ta pe, disc, or any other format or medium. E ach episode in a series of radio programming produced for radi o broadcast shall constitute a separate "radio pr ogramming" notwithstanding that the series re lates to the same principal subject and is produc ed during one or more tax periods. (i) In th e case of advertising revenue from broadcasting, t he customer is the advertiser and the service is r eceived in this State if the commercial domicile o f the advertiser is in this State. (ii) In the case where film or radio programming is broad cast by a station, a network, or a cable system for a fee or other remuneration received from the recipient of the broadcast, the portion o f the service that is received in this State is measured by the portion of the recipients of the broadcast located in this State. Accordingly , the fee or other remuneration for such serv ice that is included in the Illinois numerator o f the sales factor is the total of those fees or ot her remuneration received from recipients in Illinois. For purposes of this paragraph, a taxpayer may determine the location o f the recipients of its broadcast using the addres s of the recipient shown in its contracts with the recipient or using the billing address of the recipient in the taxpayer's records. (iii) In the cas e where film or radio programming is broadcast by a station, a network, or a cable system for a fee or other remuneration from the person pro viding the programming, the portion of the br oadcast service that is received by such station, network, or cable system in this State is measured by the portion of recipients of the broadc ast located in this State. Accordingly, the amo unt of revenue related to such an arrangement that is included in the Illinois numerator of the sale s factor is the total fee or other total remuner ation from the person providing the programming re lated to that broadcast multiplied by the Illinois audience factor for that broadcast. (iv) In the ca se where film or radio programming is provided by a taxpayer that is a network or station t o a customer for broadcast in exchange for a fee or other remuneration from that customer the broad casting service is received at the location of the office of the customer from which the s ervices were ordered in the regular course of the customer's tr ade or business. Accordingly, in such a case the reven ue derived by the taxpayer that is included in the taxpayer's Illinois numerator of the sales factor is the revenue from such customers w ho receive the broadcasting service in Illinois.

(v ) In the case where film or radio programming is provided by a taxpayer that is not a network or station to another person for broadcasting in e xchange for a fee or other remuneration from that person, the broadcasting service is received at t he location of the office of the customer from which the services were ordered in the regular course of the customer's tr ade or business. Accordingly, in such a case the revenue derived b y the taxpayer that is included in the taxpayer's Illinoi s numerator of the sales factor is the revenue from su ch customers who receive the broadcasting service in Illinois. (B-8) Gross receipts from wi nnings under the Illinois Lottery Law from the assignment of a p rize under Section 13.1 of the Illinois Lottery Law are receiv ed in this State. This paragraph (B-8) applies only to taxable years ending on or after December 31, 2013.

(B-9) For taxable years ending on or after December 31, 2019, gross receipts from winnings from pari-mutuel wagering conducted at a wagering facility licensed under the Illinois Horse Racing Act of 1975 or from winnings from gambling games conducte d on a riverboat or in a casino or organization gaming fac ility licensed under the Illinois Gambling Act are in this State. (B-10) For taxable years ending on or after December 31, 2021, gross rec eipts from winnings from sports wagering conducted in accordance with the Sports Wagering Act are in this State. (C) For taxable years ending before Decembe r 31, 2008, sales, other than sales governed by paragraphs (B), (B -1), (B-2), and (B-8) are in th is State if: (i) The income-producing activity is performed in this State; or (ii) The income-producing activity is performed both wi thin and without this State and a greater proportion of t he income-producing activity is performed within this State than without thi s State, based on performance costs. (C-5) For taxable years ending on or after December 31, 2008, sales, other than sales governed by paragra phs (B), (B-1), (B-2), ( B-5), and (B-7), are in this State if any of the following criteria are met: (i) Sales from the sale or lease of rea l property are in this State if the property is located in this State. (ii) Sales from the lease or rental of tangible p ersonal property are in this State if the property is located in this State during the rental period. Sal es from the lease or rental of tangi ble personal property that is characteristically moving proper ty, including, but not limited to, motor vehicl es, rolling stock, aircraft, vessels, or mobile eq uipment are in this State to the extent that the property is used in this State. (iii) In the case of interest, n et gains (but not less than zero) and other items o f income from intangible personal property, the sale is in this State if: (a) in the case o f a taxpayer who is a dealer in the item of intang ible personal property within the meaning of Section 475 of the Internal Revenue Code, the in come or gain is received from a customer in thi s State. For purposes of this subparagraph, a cust omer is in this State if the customer is an indivi dual, trust or estate who is a resident of this St ate and, for all other customers, if the customer 's commercial domicile is in this State. Unless the dealer has actual knowled ge of the residence or commercial domicile of a c ustomer during a taxable year, the customer shall b e deemed to be a customer in this S tate if the billing address of the customer, as sho wn in the records of the dealer, is in this State; or (b) in all other cases, if the income-produ cing activity of the taxpayer is perform ed in this State or, if the income-produci ng activity of the taxpayer is performed both within and wit hout this State, if a greater proportion of the income -producing activity of the taxpayer is performe d within this State than in any other state, based on p erformance costs. (iv) Sales of services are in this State if t he services are received in this State. For the p urposes of this section, gross receipts from the pe rformance of services provided to a corporation, partne rship, or trust may only be attributed to a state whe re that corporation, partnership, or trust has a fi xed place of business. If the state where the services are received is not readily determinable or is a s tate where the corporation, partnership, or trust rec eiving the service does not have a fixed place of busi ness, the services shall be deemed to be received at th e location of the office of the customer from which the services were ordered in the regular course of the cus tomer's trade or business. If the ordering office cannot be determined, the services shall be deemed to be received at the office of the customer to wh ich the services are billed. If the taxpayer is not t axable in the state in which the services are received, the sal e must be excluded from both the numerator and the denominat or of the sales factor. The Department shall adopt rules p rescribing where specific types of service are receiv ed, including, but not limited to, publishing, and u tility service. (D) Fo r taxable years ending on or after December 31, 1995, t he following items of income shall not be included in the n umerator or denominator of the sales factor: dividends; amounts included under Section 78 of the Interna l Revenue Code; and Subpart F income as defined in Section 952 of th e Internal Revenue Code. No inference shall be drawn from the enactment of this paragraph (D) in construing this Section for taxable years ending before December 31, 1995.

(E) Paragraphs (B-1) and (B-2) shall apply to tax years ending on or a fter December 31, 1999, provided that a taxpayer may ele ct to apply the provisions of these paragraphs to pri or tax years. Such election shall be made in the form and manner prescribed by the Department, shall be irrevocable, and shall apply to all tax years; provided that, if a taxpayer's Illi nois income tax liability for any tax year, as assessed under Section 903 prior to January 1, 1999, was computed in a manner contrary to the provisions of paragraphs (B-1) or ( B-2), no refund shall be payable to the taxpayer for that tax year to the extent such refund is the result of applying the provisions of paragraph (B-1) or (B-2) retroactively. I n the case of a unitary business group, such election shall apply to all members of such group for every tax year such group is in existence, but shall not apply to an y taxpayer for any period during which that taxpayer is not a member of such group. (b) Ins urance companies. (1) In general. Except as otherwise provided by paragraph (2), business income of an insurance company for a taxab le year shall be apportioned to this State by mult iplying such income by a fraction, the numerator of which is the direct premiums written for insurance upon proper ty or risk in this State, and the denominator of which is t he direct premiums written for insurance upon prope rty or risk everywhere. For purposes of this subsection, th e term "direct premiums written" means the total amount of direct premiums written, assessments and annuity considerations as reporte d for the taxable year on the annual statement filed by the company with the Illinois Director of Insurance in the f orm approved by the National Convention of Insurance Com missioners or such other form as may be prescribed in lieu thereof. (2) Reinsura nce. If the principal source of premiums written by an insurance company consists of premiums for reinsurance acc epted by it, the business income of such company shall be a pportioned to this State by multiplying such income by a fraction, the numerator of which is the sum of (i) direc t premiums written for insurance upon property or r isk in this State, plus (ii) premiums written for re insurance accepted in respect of property or risk in this State, and the denominator of which is the sum of (iii ) direct premiums written for insurance upon property or ri sk everywhere, plus (iv) premiums written for reinsurance accepted in respect of property or risk everywhere. For purposes of this paragraph, premiums written for reins urance accepted in respect of property or risk in this State, whether or not otherwise determinable, may, a t the election of the company, be determined on the basi s of the proportion which premiums written for reinsurance accepted from companies commercially domiciled in Illinois bears to premiums written for reinsurance accepted from a ll sources, or, alternatively, in the proportion which the sum of the direct premiums written for insurance upon pro perty or risk in this State by each ceding company from whi ch reinsurance is accepted bears to the sum of the total d irect premiums written by each such ceding company for t he taxable year. The election made by a company u nder this paragraph for its first taxable year ending on or after December 31, 2011, shall be bindi ng for that company for that taxable year and for all subsequent taxable years, and may be altered only with the written permission of the Department, whic h shall not be unreasonably withheld.

(c) Financial organizations. (1) In general. For taxable years ending before D ecember 31, 2008, business income of a financial organizati on shall be apportioned to this State by multiplying such income by a fraction, the numerator of which is its busine ss income from sources within this State, and the denominat or of which is its business income from all sources. For the purposes of this subsection, the business income of a financial organization from sources within this State is th e sum of the amounts referred to in subparagraphs (A) through (E) following, but excluding the adjusted income of an international banking facility as determined in paragraph (2): (A) Fees, commissions or other compensation f or financial services rendered within this State; (B) Gross profits from trading in stocks, bond s or other securities managed within this State; (C) Dividends, and interest from Illinois customers, which are received within this State; (D) Interest charged t o customers at places of business maintained withi n this State for carrying debit balan ces of margin accounts, without deduction of any costs incurr ed in carrying such accounts; and

(E) Any other gross income resulting f rom the operation as a financial organization within this S tate. In compu ting the amounts referred to in paragraphs (A) through (E) of this subsection, any amount received by a member of an affiliated group (determined under Section 1504(a) of t he Internal Revenue Code but without reference to whether any suc h corporation is an "includible corporation" under Section 1 504(b) of the Internal Revenue Code) from another member of su ch group shall be included only to the extent such amount e xceeds expenses of the recipient directly related the reto. (2) International Banki ng Facility. For taxable years ending before December 31, 20 08: (A) Adju sted Income. The adjusted income of an international banking facility is its income reduced by the amount of the floor amount. (B) Floor Amount. The floor amount shall be the amount, if any, determined by multiplying the income of the international banking facility by a fract ion, not greater than one, which is determined a s follows: (i) The numerator shall b e: The average aggregate, determined on a quarterly basis, of the financial organ ization's loans to banks in foreign countries, t o foreign domiciled borrowers (except where secur ed primarily by real estate) and to foreign go vernments and other foreign official institutions , as reported for its branches, age ncies and offices within the state on its "Consolidated R eport of Condition", Schedule A, Lines 2.c., 5.b. , and 7.a., which was filed with the Federal Deposi t Insurance Corporation and other regulatory au thorities, for the year 1980, minus The average aggregate, determined on a quarterly bas is, of such loans (other than loans of an interna tional banking facility), as reported by the fin ancial institution for its branches, agencies an d offices within the state, on the corresponding Schedule and lin es of the Consolidated Report of Condition for the current t axable year, provided, however, that in no case sha ll the amount determined in this clause (the subtra hend) exceed the amount determined in the precedin g clause (the minuend); and (ii) the denominat or shall be the average aggregate, determined on a quarterly basis, of the international banking facility's loans to banks in fo reign countries, to foreign domiciled borrowers (except where s ecured primarily by real estate) and to foreign governm ents and other foreign official institutions, which w ere recorded in its financial accounts for the current taxable year. (C) Change to Consolidated Report of Condition and in Qualification. In the event the Conso lidated Report of Condition which is filed with the Federal Deposit Insurance Corporation and other reg ulatory authorities is altered so that the information required for determining the floor amount is not f ound on Schedule A, lines 2.c., 5.b. and 7.a., the fina ncial institution shall notify the Department and the D epartment may, by regulations or otherwise, prescr ibe or authorize the use of an alternative source for s uch information. The financial institution shall a lso notify the Department should its international banking facility fail to qua lify as such, in whole or in part, or should there be any am endment or change to the Consolidated Report of Condit ion, as originally filed, to the extent such amendment or change alters the information used in determining the f loor amount. ( 3) For taxable years ending on or after December 31, 2008, the business income of a financial organizat ion shall be apportioned to this State by multiplying such income by a fraction, the numerator of which is its gro ss receipts from sources in this State or otherwi se attributable to this State's marketplace and the denomin ator of which is its gross receipts everywhere during the taxable year. "Gross receipts" for purposes of this subpa ragraph (3) means gross income, including net taxable gai n on disposition of assets, including securities and money ma rket instruments, when derived from transactions and activities in the regular course of the financial o rganization's trade or business. The following example s are illustrative: (i) Receipts from the lease or rental of real or tangible personal property are in this Sta te if the property is located in this State during the rental period. Receipts from the lease or rental of tangible personal property that is characteristically moving property, including , but not limited to, motor vehicles, rolling stock , aircraft, vessels, or mobile equipment are from s ources in this State to the extent that the property i s used in this State. (ii) Interest income, commissions, fees, gains on disposition, and other receipts fro m assets in the nature of loans that are secured pri marily by real estate or tangible personal propert y are from sources in this State if the security is lo cated in this State. (iii) Interest income, commissions, fees, gains on disposi tion, and other receipts from consumer loans that are not secured by real or tangible personal property ar e from sources in this State if the debtor is a residen t of this State. (iv) Interest income, commissions, fees, gains on disposition, and other receipts from comm ercial loans and installment obligations that are not secured by real or tangible personal property are from sources in this State if the proceeds of the loan are to be applied in this State. If it cannot b e determined where the funds are to be applied, the in come and receipts are from sources in this State if the office of the borrower from wh ich the loan was negotiated in the regular course of business is located in this State. If the location of this of fice cannot be determined, the income and receipts shal l be excluded from the numerator and denominator of the sales factor. ( v) Interest income, fees, gains on disposition, service char ges, merchant discount income, and other receipts fr om credit card receivables are from sources in th is State if the card charges are regularly billed to a customer in this State. (vi) Receipts from the performance of services, including, but not limited to , fiduciary, advisory, and brokerage services, are in t his State if the services are received in this St ate within the meaning of subparagraph (a)(3)(C-5)( iv) of this Section. (vii) Receipts from the issuance of travelers check s and money orders are from sources in this State if t he checks and money orders are issued from a location wit hin this State. (viii ) For tax years ending before December 31, 2024, receipts from investment assets and activities and trading assets and activities are includ ed in the receipts factor as follows: (1) Interes t, dividends, net gains (but not less than zero) an d other income from investment assets and activi ties from trading assets and activities shall b e included in the receipts factor. Investment a ssets and activities and trading assets and activities include, but are not limited to: invest ment securities; trading account assets; federal funds; securities purchased and sold under agreeme nts to resell or repurchase; options; futures contracts; forward contracts; notiona l principal contracts such as swaps; equitie s; and foreign currency transactions. With respect to the investme nt and trading assets and activities describ ed in subparagraphs (A) and (B) of this par agraph, the receipts factor shall include the a mounts described in such subparagraphs. ( A) The receipts factor shall include the amount by which interest from federal funds sold and securities purchase d under resale agreements exceeds int erest expense on federal funds purchased an d securities sold under repurchase agreements.

(B) The receipts factor shall in clude the amount by which interest, dividends , gains and other income from trading assets and activities, including, b ut not limited to, assets and activities in the matched boo k, in the arbitrage book, and foreign currency tr ansactions, exceed amounts paid in lieu of interes t, amounts paid in lieu of dividends, and losses f rom such assets and activities. (2) The numerator of the receipts factor inc ludes interest, dividends, net gains (but not less than zero), and other income from investment assets and ac tivities and from trading assets and activiti es described in paragraph (1) of this subsecti on that are attributable to this State. (A) The amount of interest, dividends, net g ains (but not less than zero), and other inc ome from investment assets and activities in t he investment account to be attributed to thi s State and included in the numerator is determ ined by multiplying all such income from su ch assets and activities by a fraction, the numerato r of which is the gross income from such assets and activities w hich are properly assigned to a fixed place o f business of the taxpayer within this State and the denominator of which is the g ross income from all such assets and activities .

(B) The amount of interest f rom federal funds sold and purchased and fr om securities purchased under resale agreemen ts and securities sold under repurchase agre ements attributable to this State and inc luded in the numerator is determined by multipl ying the amount described in subparagraph (A) of paragraph (1) of this subsection from s uch funds and such securities by a fraction, the numerator of whi ch is the gross income from such funds and such securities whic h are properly assigned to a fixed place of business of the taxpayer within this State and the denominator of which is the gross income f rom all such funds and such securities. (C) The amount of interest, d ividends, gains, and other income from trad ing assets and activities, including, but n ot limited to, assets and activities in the matched book, in the arbitrage boo k and foreign currency transactions (but ex cluding amounts described in subparagraphs ( A) or (B) of this paragraph), attributabl e to this State and included in the numerator is determined by multiplying the amount descri bed in subparagraph (B) of paragraph (1) of this subsection by a fraction, the numerator of whi ch is the gross income from such trading assets and activities which are properly assigned to a fixed place of business of the taxpayer within this State a nd the denominator of which is the gross inco me from all such assets and activities. (D) Properly assigned, for purposes of t his paragraph (2) of this subsection, means t he investment or trading asset or activity is assigned to the fixed place of business with which it has a preponderance of substantive contac ts. An investment or trading asset or activ ity assigned by the taxpayer to a fixe d place of business without the State shal l be presumed to have been properly assigned if: (i) the taxpayer has ass igned, in the regular course of its bus iness, such asset or activity on its reco rds to a fixed place of business consistent with federal or state regulatory requirements;

(ii) such assignment on its records is base d upon substantive contacts of the asset o r activity to such fixed place of busine ss; and (iii) the taxpayer uses such records reflecting assignment of such assets or activities for the filing o f all state and local tax returns for which an assignment of such assets or activities t o a fixed place of business is required.

(E) The presumption of pro per assignment of an investment or trading asse t or activity provided in subparagraph (D) of p aragraph (2) of this subsection may be rebu tted upon a showing by the Departme nt, supported by a preponderance of the evide nce, that the preponderance of substantive contacts regarding such asset or activity did not occur at the fixed place of business t o which it was assigned on the taxpayer's rec ords. If the fixed place of business that has a preponderance of substantive contacts cannot be determined for an investment or tradin g asset or activity to which the presumpti on in subparagraph (D) of paragraph (2) of this subsection does not apply or with respect to which that presumption has been rebutted, that asset or activity is prop erly assigned to the state in which the tax payer's commercial domicile is located. For pur poses of this subparagraph (E), it shall be p resumed, subject to rebuttal, that taxpayer' s commercial domicile is in the state of the United States or the District of Columbia to which the greatest num ber of employees are regularly connected with the management of the investment or trading income or out of which the y are working, irrespective of where the services of s uch employees are performed, as of the last day of the tax able year. (ix) For tax years ending on or after December 31, 2024, re ceipts from investment assets and activities a nd trading assets and activities are included in the receipts factor as follows: (1) Interest , dividends, net gains (but not less than zero), and other income from investment assets and activi ties from trading assets and activities shall be included in the receipts factor. Investment asse ts and activities and trading assets and activiti es include, but are not limited to the following: investment securities; trading accoun t assets; federal funds; securities purchas ed and sold under agreements to resell or repurch ase; options; futures contracts; forward c ontracts; notional principal contracts, such as swaps; equities; and foreign currency transactions. With respect to the investment and trading assets and activities described in subparagraphs (A) and (B) of this parag raph, the receipts factor shall include the amo unts described in those subparagraphs. (A ) The receipts factor shall include the amount by which interest f rom federal funds sold and securities purchased under resale agreements exceeds inte rest expense on federal funds purchased and securities sold under repurchase agreements.

(B) The receipts factor shall in clude the amount by which interest, dividends , gains and other income from trading assets and activities, including, bu t not limited to, assets and activities in the matched book , in the arbitrage book, and foreign currency tra nsactions, exceed amounts paid in lieu of interest , amounts paid in lieu of dividends, and losses fr om such assets and activities. (2) The numerator of the receipts factor incl udes interest, dividends, net gains (but not less than zero), and o ther income from investment assets and act ivities and from trading assets and activitie s described in paragraph (1) of this subsectio n that are attributable to this State. (A) The amount of interest, divid ends, net gains (but not less than zero), and other income from investment assets and activit ies in the investment account to be attribute d to this State and included in the numerator is determined by multiplying all of the inco me from those assets and activities by a frac tion, the numerator of which is the tot al receipts included in the numerator pursuan t to items (i) through (vii) of this subparagraph (3) and the denominator of which is all total receipts included in the denominator, other than interest, dividen ds, net gains (but not less than zero) , and other income from investment assets an d activities and trading assets and activities.

(B) The amount of interest f rom federal funds sold and purchased and fr om securities purchased under resale agreemen ts and securities sold under repurchase a greements attributable to this State and inc luded in the numerator is determined by multipl ying the amount described in subparagraph (A) o f paragraph (1) of this subsection from such funds and such securities by a fraction, the numerator of which is the total receipts included in the numerator pursuant to items (i) through (vii) of this subparagraph (3) and the denominator of which is all total receipts included in the denominator, other than interest, divid ends, net gains (but not less than zero), and o ther income from investment assets and activit ies and trading assets and activities. (C) The amount of interest, d ividends, gains, and other income from trad ing assets and activities, including, but n ot limited to, assets and activities in the matched book, in the arbitrage boo k and foreign currency transactions (but ex cluding amounts described in subparagraphs ( A) or (B) of this paragraph), attributable to this State and included in the numerator is d etermined by multiplying the amount described i n subparagraph (B) of paragraph (1) of this s ubsection by a fraction, the numerator of whic h is the total receipts included in the numer ator pursuant to items (i) through (vii) of this subparagraph (3) and the denominator of which is all total recei pts included in the denominator, othe r than interest, dividends, net gains (but not less than zero ), and other income from investment assets and activities a nd trading assets and activities. (4) (Blank). ( 5) (Blank). (c-1) Federally regulated exchanges. For taxable years ending on or after December 31, 20 12, business income of a federally regulated exchange shall, a t the option of the federally regulated exchange, be apporti oned to this State by multiplying such income by a fraction, th e numerator of which is its business inco me from sources within this State, and the denominator of wh ich is its business income from all sources. For purposes o f this subsection, the business income within this St ate of a federally regulated exchange is the sum of the following: (1) Rec eipts attributable to transactions executed on a phy sical trading floor if that physical trading floor is located in this State. (2) Receipts attributable to all other matching, execution, or clearing transactions, including without limi tation receipts from the provision of matchi ng, execution, or clearing services to another entity, mult iplied by (i) for taxable years ending on or after December 3 1, 2012 but before December 31, 2013, 63.77%; and (ii) fo r taxable years ending on or after December 31, 2013, 27.54%.

(3) All other receipts not governed by subparagraphs (1) or (2) of this subsection (c-1), to the extent the receipts would be characterized as "sales in this State" under item (3) of subsection (a) of this Section. "Federally regulated exchange" mean s (i) a "registered entity" within the meaning of 7 U.S.C. Se ction 1a(40)(A), (B), or (C), (ii) an "exchange" or "clearing a gency" within the meaning of 15 U.S.C. Section 78c (a)(1 ) or (23), (iii) any such entities regulated under any successor regulatory structure to the foregoing, and (iv ) all taxpayers who are members of the same unitary business g roup as a federally regulated exchange, determined without rega rd to the prohibition in Section 1501(a)(27) of this Act against including in a unitary business group taxpayers who are ordin arily required to apportion business income under different su bsections of this Section; provided that this subparagraph (i v) shall apply only if 50% or more of the business receipts of the unitary business group determined by application of this subpar agraph (iv) for the taxable year are attributable to the matchin g, execution, or clearing of transactions conducted by an entity described in subparagraph (i), (ii), or (iii) of this p aragraph. In no event shall the Illinois apportionment percentage computed in accordance with this sub section (c-1) for any taxpayer for any tax year be less than the Illinois apportionment perc entage computed under this subsection (c-1) for t hat taxpayer for the first full tax year ending on or after December 31, 2013 for which this subsection (c-1) applied to the taxpayer. (d) Transportation services. For taxable ye ars ending before December 31, 2008, business income deri ved from furnishing transportation services shall be apportioned to this State in accordance with paragraphs (1) and (2): (1) Such business income (other than that derived from transp ortation by pipeline) shall be apportioned to this St ate by multiplying such income by a fraction, the numerat or of which is the revenue miles of the person in this State, and the denominator of which is the revenue miles of the person everywhere. For purposes of this parag raph, a revenue mile is the transportation of 1 passenger or 1 net ton of freight the distance of 1 mile for a co nsideration. Where a person is engaged in the transportation of both passengers and freight, the fr action above referred to shall be determined by mean s of an average of the passenger revenue mile fract ion and the freight revenue mile fraction, weighted to reflec t the person's (A) relative railway operating income from total pass enger and total freight service, as reported to the I nterstate Commerce Commission, in the case of transportatio n by railroad, and (B) relative gross receipts from passenger and freight transportation, in case of transportation other tha n by railroad. (2) Such business income derived from transportation by pipe line shall be apportioned to this State by multiplying such income by a fraction, the numerator of which is the revenue miles of the person in this State, and the denom inator of which is the revenue miles of the person everywhere. For the purposes of this paragraph, a revenue m ile is the transportation by pipeline of 1 ba rrel of oil, 1,000 cubic feet of gas, or of any specified quantity of any other substance, the distance of 1 mile fo r a consideration.

(3) For taxable years ending on or after December 31, 2008 , business income derived from providing transportatio n services other than airline services shall be apportio ned to this State by using a fraction, (a) the numerator of which shall be (i) all receipts from any movement or s hipment of people, goods, mail, oil, gas, or any other su bstance (other than by airline) that both originates and terminates in this State, plus (ii) that portion of the person's gross receipts from movements or shipmen ts of people, goods, mail, oil, gas, or any other substan ce (other than by airline) that originates in one state o r jurisdiction and terminates in another state or jurisdic tion, that is determined by the ratio that the m iles traveled in this State bears to total miles ev erywhere and (b) the denominator of which shall be al l revenue derived from the movement or shipment of people, goods, mail, oil, gas, or any other substance (other th an by airline). Where a taxpayer is engaged in t he transportation of both passengers and freight, the fraction above referred to shall first be determ ined separately for passenger miles and freight mile s. Then an average of the passenger miles fractio n and the freight miles fraction shall be weighted to reflect the taxpayer's: ( A) relative railway operating income from total pa ssenger and total freight service, as reported to the Surface Transportation Board, in the case of transportation by railroad; and (B) relative gross receipts from passenger and freight transportation, in case of transportation other than by rai lroad. (4) For taxable y ears ending on or after December 31, 2008, business i ncome derived from furnishing airline transportation services shall be apportioned to this State by multiplying such income by a fraction, the numerator of which is the revenue miles of the person in this St ate, and the denominator of which is the revenue mi les of the person everywhere. For purposes of this paragrap h, a revenue mile is the transportation of one passenger o r one net ton of freight the distance of one mile for a consideration. If a person is engaged in the transp ortation of both passengers and freight, the fracti on above referred to shall be determined by means of an average of the passenger revenue mile fraction and the fr eight revenue mile fraction, weighted to reflect the person's relative gross receipts from passenger and freight airline tran sportation. (e) Combined apportionment. Wher e 2 or more persons are engaged in a unitary business as described in subsection (a)(27) of Section 1501, a part of which is condu cted in this State by one or more members of the group, the bus iness income attributable to this State by any such mem ber or members shall be apportioned by means of the combined apportionment method. (f) Alternative alloca tion. If the allocation and apportionment provisions of subsect ions (a) through (e) and of subsection (h) do not, for taxa ble years ending before December 31, 2008, fairly represen t the extent of a person's business activity in this State, or, for taxable years ending on or after December 31, 2008, fairly represent the market for the person's goods, services, or other sources of busine ss income, the person may petition for, or the Director may, without a petition, permit or require, in respect of all or any part of the pe rson's business activity, if reasonable: (1) Separate accounting; (2) The exclusion of any one or more fact ors; (3) The inclusion of one or more additional factors w hich will fairly represent the person's business activities or market in this State; or (4) The employment of any other method to effectua te an equitable allocation and apportionment of the person's business income. (g) Cross- reference Cross reference. For allocation of business i ncome by residents, see Section 301(a). (h) For tax years ending on or after December 31, 1998, t he apportionment factor of persons who apportion their bus iness income to this State under subsection (a) shall be equal to: (1) fo r tax years ending on or after December 31, 1998 and before December 31, 1999, 16 2/3% of the property factor plus 16 2/3% of the payroll factor plus 66 2/3% of the sales factor; (2) for tax years ending on or afte r December 31, 1999 and before December 31, 2000, 8 1/3% of t he property factor plus 8 1/3% of the payroll factor plus 83 1/3% of the sales factor; (3) for tax years ending on or after December 31, 2000, t he sales factor.If, in any tax year ending on or after December 31, 1998 and before December 31, 2000, the denominator of the payroll, property, or sales factor is zero, the apportionment factor computed in paragraph (1) or (2) of this subsection for that year shall be divided by an amount equal to 100% minus the percentage weight given to each factor wh ose denominator is equal to zero.(Source: P.A. 102-40, eff. 6-25-21; 102-558, eff. 8-20-21; 103-592, eff. 6-7-24; revised 10-16-24.) (35 ILCS 5/704A) Sec. 704A. Employer's return and payment of tax wit hheld. (a) In general, every employer who deducts and withholds or is required to dedu ct and withhold tax under this Act on or after January 1, 200 8 shall make those payments and returns as provided in thi s Section. (b) Returns. Every employer shall , in the form and manner required by the De partment, make returns with respect to taxes withheld or re quired to be withheld under this Article 7 for each quarter beginning on or after January 1, 2008, on or before the last day of the first mo nth following the close of that quarter. (c) Payments. With respect to amounts withheld or required to be withheld on or after January 1, 2008: (1) Se mi-weekly payments. For each calendar year, each employer who withheld or was required to withhold more than $ 12,000 during the one-year period ending on J une 30 of the immediately preceding ca lendar year, payment must be made: (A) on or before each Friday of the cal endar year, for taxes withheld or required to be w ithheld on the immediately preceding Saturday, Sunday, Monday, or Tuesday;

(B) on or before each Wednesday of the calendar year, for taxes withheld or required to be w ithheld on the immediately preceding Wednesday, Thursday, or Frid ay. Beginning wit h calendar year 2011, payments made under this paragraph (1 ) of subsection (c) must be made by electronic funds trans fer. (2) Semi-w eekly payments. Any employer who withholds or is required to withhold more than $12,000 in any quarter of a calendar year is required to make payments on the dates set forth un der item (1) of this subsection (c) for each remaining qua rter of that calendar year and for the subsequent calenda r year. (3) Monthly payments. Eac h employer, other than an employer described in items (1) or (2) of this subsection, shall pay to the Department, on o r before the 15th day of each month the taxes withheld or required to be withheld during the immediately preceding mo nth. (4) Payments with returns. Each employer shall pay to the Department, on or before the due date for each return required to be fil ed under this Section, any tax withheld or required to be w ithheld during the period for which the return is due and not previously paid to the Department. (d) Regulatory authority. The Department m ay, by rule: (1) Permi t employers, in lieu of the requirements of subsection s (b) and (c), to file annual returns due on or before Janu ary 31 of the year for taxes withheld or required to be withheld during the previous calendar year and, if the aggr egate amounts required to be withheld by the employer u nder this Article 7 (other than amounts required to be withhe ld under Section 709.5) do not exceed $1,000 for the previ ous calendar year, to pay the taxes required to be shown o n each such return no later than the due date for such return. (2) Provide tha t any payment required to be made under subsection (c)(1) or (c)(2) is deemed to be timely to the extent paid by electronic funds tran sfer on or before the due date for deposit of federa l income taxes withheld from, or federal employment taxes due with respect to, the wages from which the Illinois taxes were withheld. (3) Designate one or more depo sitories to which payment of taxes required to be withheld under this Article 7 must be paid by some or all employer s. (4) Increase the threshol d dollar amounts at which employers are required to make semi-weekly payments under subsection (c)(1) or (c)(2). (e) Annual return and payment. Eve ry employer who deducts and withholds or is required to deduct and withhold tax from a person engaged in domestic service empl oyment, as that term is defined in Section 3510 of the Int ernal Revenue Code, may comply with the requirements of this Section with respect to such employees by filing an annual return and paying the taxes required to be deducted and withh eld on or before the 15th day of the fourth month following the close of the employer 's taxable year. The Department may allow the employer's r eturn to be submitted with the employer's individual income tax ret urn or to be submitted with a return due from the empl oyer under Section 1400.2 of the Unemployment Insurance Act . (f) Magnetic media and electro nic filing. With respect to taxes withheld in calendar years p rior to 2017, any W-2 Form that, under the Internal Revenue Code and regulations promulgated thereunder, is required to be submitted to the Internal Revenue Service on magnetic media or electronica lly must also be submitted to the Department on magnetic medi a or electronically for Illinois purposes, if required by the Departme nt. With respect to taxes withheld in 2017 and subsequen t calendar years, the Department may, by rule, require t hat any return (including any amended return) under this Section and any W-2 Form that is required to be su bmitted to the Department must be submitted on magnetic media o r electronically. The due date for submitting W-2 Forms shall be as prescribed by the Department by rule . (g) For amounts deducted or withheld aft er December 31, 2009, a taxpayer who makes an election under su bsection (f) of Section 5-15 of the Economic Deve lopment for a Growing Economy Tax Credit Act for a taxable year shal l be allowed a credit against payments due under this Sect ion for amounts withheld during the first calendar ye ar beginning after the end of that taxable year equal to the amount of the credit for the incremental income tax attribu table to full-time employees of the taxpayer awar ded to the taxpayer by the Department of Commerce and Economic Op portunity under the Economic Development for a Growing Econom y Tax Credit Act for the taxable year and credits not previo usly claimed and allowed to be carried forward under Section 211 (4) of this Act as provided in subsection (f) of Section 5-15 of the Economic Development for a Growing Economy T ax Credit Act. The credit or credits may not reduce the taxpa yer's obligation for any payment due under this Section to less than zero. If the amount of the credit or credits exce eds the total payments due under this Section with respect to amounts withheld during the calendar year, the excess may be c arried forward and applied against the taxpayer's liability under this Section in the succeeding calendar years as allo wed to be carried forward under paragraph (4) of Section 211 of this Act. The credit or credits shall be applied to t he earliest year for which there is a tax liability. If the re are credits from more than one taxable year that are ava ilable to offset a liability, the earlier credit shall be app lied first. Each employer who deducts and withholds or is requ ired to deduct and withhold tax under this Act and who retains income tax withholdings under subsection (f) of Section 5-15 of the Economic Development for a Growing Economy Tax Credit Act must make a return with respect to such taxes and retained amounts in the form and manner that the De partment, by rule, requires and pay to the Department or to a depositary designated by the Department those withheld taxes not retained by the taxpayer. For purposes of this subsectio n (g), the term taxpayer shall include taxpayer and membe rs of the taxpayer's unitary business group as defined under p aragraph (27) of subsection (a) of Section 1501 of this Act. This Section is exe mpt from the provisions of Section 250 of this Act. No credit aw arded under the Economic Development for a Growing Economy Ta x Credit Act for agreements entered into on or after January 1 , 2015 may be credited against payments due under this Sectio n. (g-1) For amounts deducted or wit hheld after December 31, 2024, a taxpayer who makes an ele ction under the Reimagining Energy and Vehicles in Illinois Act shall be allowed a credit against payments due unde r this Section for amounts withheld during the first quarterly reporting period beginning after the certificate is issued equal to the portion of the REV Illinois Credit attr ibutable to the incremental income tax attributable to new employees and retained employees as certified by the Depa rtment of Commerce and Economic Opportunity pursuant to an agreement with the taxpayer under the Reimagining Energy and V ehicles in Illinois Act for the taxable year. The credit or cre dits may not reduce the taxpayer's obligation for any payment due under this Section to less than zero. If the a mount of the credit or credits exceeds the total payments du e under this Section with respect to amounts withheld during t he quarterly reporting period, the excess may be carried forw ard and applied against the taxpayer's liability under this Sect ion in the succeeding quarterly reporting period as all owed to be carried forward under paragraph (4) of Section 211 of this Act. The credit or credits shall be applied to the e arliest quarterly reporting period for which there is a tax liability. If there are credits from more than one quarterl y reporting period that are available to offset a liability, t he earlier credit shall be applied first. Each employer who ded ucts and withholds or is required to deduct and withhol d tax under this Act and who retains income tax withholdings t his subsection must make a return with respect to such taxes and reta ined amounts in the form and manner that the Department , by rule, requires and pay to the Department or to a deposit ary designated by the Department those withheld taxes not ret ained by the taxpayer. For purposes of this subsection (g-1), the term taxpayer shall include taxpayer and members of th e taxpayer's unitary business group as defined under paragraph (27) of subsection (a) of Section 1501 of this Act. This Section is exempt from the provisions of Section 250 of this Act. (g-2) For amounts deducted or w ithheld after December 31, 2024, a taxpayer who makes an electi on under the Manufacturing Illinois Chips for Real Opportunit y (MICRO) Act shall be allowed a credit against paymen ts due under this Section for amounts withheld during the first quarterly reporting period beginning after the c ertificate is issued equal to the portion of the MICRO Il linois Credit attributable to the incremental income tax att ributable to new employees and retained employees as cert ified by the Department of Commerce and Economic Opportunity pur suant to an agreement with the taxpayer under the Manufacturin g Illinois Chips for Real Opportunity (MICRO) Act for the taxable year. The credit or credits may not reduce the taxpay er's obligation for any payment due under this Section t o less than zero. If the amount of the credit or credits exceeds the total payments due under this Section with respe ct to amounts withheld during the quarterly reporting period, t he excess may be carried forward and applied against the taxp ayer's liability under this Section in the succeeding quarter ly reporting period as allowed to be carried forward under para graph (4) of Section 211 of this Act. The credit or credi ts shall be applied to the earliest quarterly reporting peri od for which there is a tax liability. If there are credits from more than one quarterly reporting period that are availa ble to offset a liability, the earlier credit shall b e applied first. Each employer who deducts and withholds or is r equired to deduct and withhold tax under this Act and who ret ains income tax withholdings this subsection must make a return with respect to such taxes and retained amounts in the form and manner that the Department, by rule, requires and pay to the Department or to a depositary designated by the Depa rtment those withheld taxes not retained by the taxpayer. For purposes of this subse ction, the term taxpayer shall include taxpayer and memb ers of the taxpayer's unitary business group as defined u nder paragraph (27) of subsection (a) of Section 1501 of t his Act. This Section is exempt from the provisions of Section 250 of this Act. (h) An employer may claim a credit against payments due under this Section for amo unts withheld during the first calendar year ending after the date on which a tax credit certificate was issued under Se ction 35 of the Small Business Job Creation Tax Credit Act. Th e credit shall be equal to the amount shown on the certificat e, but may not reduce the taxpayer's obligation for any pay ment due under this Section to less than zero. If the amount of the credit exceeds the total payments due under this Sectio n with respect to amounts withheld during the calendar year, the excess may be carried forward and applied against the taxpayer's liability under this Section in the 5 succeeding cal endar years. The credit shall be applied to the earliest y ear for which there is a tax liability. If there are credits f rom more than one calendar year that are available to off set a liability, the earlier credit shall be applied first. Thi s Section is exempt from the provisions of Section 250 of thi s Act. (i) Each employer with 50 or fewe r full-time equivalent employees during the reporting pe riod may claim a credit against the payments due under this S ection for each qualified employee in an amount equal to the m aximum credit allowable. The credit may be taken against p ayments due for reporting periods that begin on or after January 1 , 2020, and end on or before December 31, 2027. An employ er may not claim a credit for an employee who has worked f ewer than 90 consecutive days immediately preceding the repor ting period; however, such credits may accrue during tha t 90-day period and be claimed against payments under this Section for future reporting periods after the employe e has worked for the employer at least 90 consecutive days. In no event may the credit exceed the employer's liability for the reporting period. Each employer who deducts and with holds or is required to deduct and withhold tax under this Act and who retains income tax withholdings under this subsection must make a return with respect to such taxes and retained a mounts in the form and manner that the Department, by ru le, requires and pay to the Department or to a depositary desig nated by the Department those withheld taxes not retained by t he employer. For each reporting period, th e employer may not claim a credit or credits for more empl oyees than the number of employees making less than the minimum or reduced wage for the current calendar year during the las t reporting period of the preceding calendar year. Notwi thstanding any other provision of this subsection, an e mployer shall not be eligible for credits for a reporting per iod unless the average wage paid by the employer per e mployee for all employees making less than $55,000 durin g the reporting period is greater than the average wage p aid by the employer per employee for all employees making less than $55 ,000 during the same reporting period of the prior cale ndar year. For purposes of this subsectio n (i): "Compensation paid in Illinois" ha s the meaning ascribed to that term under Section 304(a )(2)(B) of this Act. "Employer" and "e mployee" have the meaning ascribed to those terms in the Minimu m Wage Law, except that "employee" also includes employees w ho work for an employer with f ewer than 4 employees. Employers that operate more than one es tablishment pursuant to a franchise agreement or that con stitute members of a unitary business group shall aggregat e their employees for purposes of determining eligibility for the credit. "Full-time equivalent e mployees" means the ratio of the number of paid hours during the reporting period and the number of working hours in that pe riod. "Maximum credit" means the percentage l isted below of the difference between the amount of compensatio n paid in Illinois to employees who are paid not more than the required minimum wage reduced by the amount of compensation paid in Illinois to employees who were paid less than the current required minimum wage during the reporting period prior to each increase in the required minimum wage on Jan uary 1. If an employer pays an employee more than the requ ired minimum wage and that employee previously earned less than the required minimum wage, the employer may include the portion that does not exceed the required minimum wage as comp ensation paid in Illinois to employees who are paid not mo re than the required minimum wage. (1) 25% for repor ting periods beginning on or after January 1, 2020 and end ing on or before December 31, 2020; (2) 21% for repor ting periods beginning on or after January 1, 2021 and end ing on or before December 31, 2021; (3) 17% for repor ting periods beginning on or after January 1, 2022 and en ding on or before December 31, 2022; (4) 13% for repo rting periods beginning on or after January 1, 2023 and e nding on or before December 31, 2023; (5) 9% for repo rting periods beginning on or after January 1, 2024 and en ding on or before December 31, 2024; (6) 5% for reporting periods begin ning on or after January 1, 2025 and ending on or be fore December 31, 2025. The amount comput ed under this subsection may continue to be claimed for reporting periods beginning on or after January 1, 2026 and: (A) ending on or before D ecember 31, 2026 for employers with more than 5 employees; o r (B) ending on or befo re December 31, 2027 for employers with no more than 5 employee s. "Qualified employee" means an employee who is paid not more than the required min imum wage and has an average wage paid per hour by the employer during the reporting period equal to or greater than his or her average wage paid per hour by the employer during each reporting period for the immediately preceding 12 months. A new qu alified employee is deemed to have earned the required mini mum wage in the preceding reporting period. "Reporting period" means the quarter for which a return is required to be filed under subsection (b) of this Section. (j) For reporting periods beginnin g on or after January 1, 2023, if a private employer grant s all of its employees the option of taking a paid leave of ab sence of at least 30 days for the purpose of serving as an or gan donor or bone marrow donor, then the private employer may take a credit against the payments due under this Section in an amount equal to the amount withheld under this Secti on with respect to wages paid while the employee is on organ donation leave, not to exceed $1,000 in withholdings for each e mployee who takes organ donation leave. To be eligible for t he credit, such a leave of absence must be taken withou t loss of pay, vacation time, compensatory time, persona l days, or sick time for at least the first 30 days of the l eave of absence. The private employer shall adopt rules gove rning organ donation leave, including rules that (i) establish conditions and procedures for requesting and approving leave and (ii) require medical documentation of the proposed organ or bone marrow donation before leave is approved by the private employer. A private employer must provide, in the manner required by the Department, document ation from the employee's medical provider, which the pri vate employer receives from the employee, that verifies the em ployee's organ donation. The private employer must also p rovide, in the manner required by the Department, documentation that shows that a qualifying organ donor leave policy was in place and offered to all qualifying employees at the t ime the leave was taken. For the private employer to receive the tax credit, the employee taking organ donor leave m ust allow for the applicable medical records to be di sclosed to the Department. If the private employer canno t provide the required documentation to the Department, then the private employer is ineligible for the credit under th is Section. A private employer must also provide, in the form required by the Department, any additional documentatio n or information required by the Department to administer th e credit under this Section. The credit under this subsection ( j) shall be taken within one year after the date upon which the organ donation leave begins. If the leave taken spans into a second tax year, the employer qualifies for the allowable credi t in the later of the 2 years. If the amount of credit exceeds the tax liability for the year, the excess may be carried and applied to the tax liability for the 3 taxable years following the excess credit year. The tax credit sh all be applied to the earliest year for which there is a t ax liability. If there are credits for more than one year that are available to offset liability, the earlier credit shall b e applied first. Nothing in this subsec tion (j) prohibits a private employer from providing an un paid leave of absence to its employees for the purpose of serving as an organ donor or bone marrow donor; h owever, if the employer's policy provides for fewer than 30 days of paid leave for organ or bone marrow donation, then t he employer shall not be eligible for the credit under this Se ction. As used in this subsection (j): "Organ" means any biological tis sue of the human body that may be donated by a living donor, including, but not limit ed to, the kidney, liver, lung, pancreas, intest ine, bone, skin, or any subpart of those organs. "Organ donor" means a person from whose body a n organ is taken to be transferred to the body of another pers on. "Private employer" means a sole proprietorship, corporation, partnership, limited liability company, or other entity with one or more employees. "Priv ate employer" does not include a municipality, county, State age ncy, or other public employer. This subsec tion (j) is exempt from the provisions of Section 250 of this Act. (k) For reporting periods beginning on o r after January 1, 2025 and before January 1, 2027, an e mployer may claim a credit against payments due under this S ection for amounts withheld during the first reporting p eriod to occur after the date on which a tax credit certifica te is issued for a non-profit theater production unde r Section 10 of the Live Theater Production Tax Credit Act. The credit shall be equal to the amount shown on the certifica te, but may not reduce the taxpayer's obligation for any paym ent due under this Article to less than zero. If the amoun t of the credit exceeds the total amount due under this Articl e with respect to amounts withheld during the first reporting p eriod to occur after the date on which a tax credit certificat e is issued, the excess may be carried forward and applied agai nst the taxpayer's liability under this Section for repor ting periods that occur in the 5 succeeding calendar years . The excess credit shall be applied to the earliest reportin g period for which there is a payment due under this Art icle. If there are credits from more than one reporting period that are avail able to offset a liability, the earlier credit shall be applied first. The Department of Revenue, in cooperation with the Department of Commerce and Economic Oppo rtunity, shall adopt rules to enforce and administer the provis ions of this subsection. (l) (k) A taxpayer who is issued a certificate under the Local Journalism Sustainability Act for a taxable year sh all be allowed a credit against payments due under this Section as provided in that Act. ( Source: P.A. 102-669, eff. 11-16-21; 102-700, Article 30, Sect ion 30-5, eff. 4-19-22; 102-700, Article 110, Section 110-905, eff. 4-19-22; 102-1125, eff. 2-3-23; 103-592, Arti cle 40, Section 40-900, eff. 6-7-24; 103-592, A rticle 45, Section 45-10, eff. 6-7-24; revised 7-9-24.) Section 265. The Economic Development for a Growing Economy Tax Credit Act is amended by changing Section 5-56 as follows: (35 ILCS 10/5-56)

Sec. 5-56. Annual report. Annually, until construction is completed, a company se eking New Construction EDGE Credits shall submit a report th at, at a minimum, describes the projected project scope, timeline, and anticipated budget. Once the project has commenced, the annual report shall include actual data for the prior year as well as projections for each add itional year through completion of the project. The Department shall issue detailed reporting guidelines prescribing the req uirements of construction-related construction related reports. In or der to receive credit for construction expenses, the company must provide the Department with evidence tha t a certified third-party executed an Agreed-Upon Procedure (AUP) verifying the construction expenses or acce pt the standard construction wage expense estimated by the Departm ent. Upon review of the final proje ct scope, timeline, budget, and AUP, the Department shall issue a tax credit certificate reflecting a percentage of the total construction job wages paid throughout the completion of the project. Upon 7 business days' notice , the taxpayer shall make available for inspection and copying at a location within this State during reasonable hours, the records identified in paragraph (1) of this Section to the taxpayer in charge of the project, its officers and agents, and to federal, State, or local law enforcement agencies an d prosecutors. (Source: P.A. 102-558, eff. 8-20-21; 103-595, eff. 6-26-24; revised 10-23-24.) Section 270. The Lo cal Journalism Sustainability Act is amended by changing Sections 40-1 and 40-5 as follows: (35 ILCS 18/40-1) Sec. 40-1. Short title. This Article Act may be cited as the Local Journalism Sustainability Act. References in this Article t o "this Act" mean this Article.(Source: P.A. 103-592, eff. 6-7-24; revised 10-23-24.) (35 ILCS 18/4

0-5) Sec. 40-5. Definitions. As used in this Act: "Award cycle" m eans the 4 reporting periods for which the employer is awar ded a credit under Section 40-10. "Comparable rate" has the mea ning given to that term by the Federal Communicat ions Commission in its campaign advertising rate rules. "Department" means the Department of Commerce and Economic Opportunity. "Independently owned" means, as applied to a local news organization, that: (1) the local news organization is not a public ly traded entity and no more than 5% of the beneficial ownership of the local news organization is owned, directly or indirectly, by a publicly traded entity; and (2) the local news organization is not a subsid iary. "Local news organization" me ans an entity that: (1) engages prof essionals to create, edit, produce, and distribute origin al content concerning matters of public interest through reporting activities, including conducting interview s, observing current events, or analyzing documents or other information; (2) has at least one employee who meets all of the following criteria: (A) the employee i s employed by the entity on a full-tim e basis for at least 30 hours a week; (B) the employee's job duties for the entity consist primarily of provid ing coverage of Illinois or local Illinois community news as described in paragr aph (C); (C) the employee gathers, prepares, collects, photog raphs, writes, edits, reports, or publishes original local o r State community news for dissemination to the local or St ate community; and (D) the employee lives within 50 miles of the cover age area; (3) in the case of a pri nt publication, has published at least one print publicati on per month over the previous 12 months and either (i) ho lds a valid United States Postal Service periodical per mit or (ii) has at least 25% of its content dedicated to local news; (4) in the case of a digital-only entity, has published one piece about the community per week over the previous 12 months and has at least 33% of its digital audien ce in Illinois, averaged over a 12-month period; (5) in the case of a hy brid entity that has both print and digital outlets, meets the requirements in either pa ragraph (3) or (4) of this definition; (6) has disclosed in its print publication or on its website its beneficial ownership or, in the case of a not-for-profit entity, its board o f directors; (7) in the case of an entity that maintains tax status und er Section 501(c)(3) of the federal Internal Revenue Cod e, has declared the coverage of local or State news as th e stated mission in its filings with the Internal Re venue Service; (8) has n ot received any payments of more than 50% of its gross receipts for the previous year from political action com mittees or other entities described in Section 527 of the federal Internal Revenu e Code or from an organization that maintains Section 501(c)( 4) or 501(c)(6) status under the federal Internal Revenu e Code, unless those payments are for politica l advertising during the lowest unit windows and using comp arable rates; and (9) has n ot received more than 30% of its revenue from the previous taxable year from political adv ertisements during lowest unit windows. " Local news organization" does not include an organizat ion that received more than $100,000 from organizations described in paragraph (8) during the tax able year or any preceding taxable year. "Lowest unit window" has the meaning given to that term by the Federal Communications Commission in its campaign advertis ing rate rules. "New journalism position" means a n employment position that results in a net increase in qualified jour nalists employed by the local news organization from Janua ry 1 of the preceding calendar year compared to January 1 o f the calendar year in which a credit under this Act is sought. "Private fund" means a corporation that: (1) would be considere d an investment company under Section 3 of the Investment Comp any Act of 1940, 15 U.S.C. 80a-3, but for the appl ication of paragraph (1) or (7) of sub section (c) of that Section; (2) is not a venture capital fund, as defined in Secti on 275.203(l)-1 of Title 17 of the Cod e of Federal Regulations, as in effect on the effective date of this Act ; and (3) is not an institu tion selected under Section 107 of the f ederal Community Development Banking and Financial I nstitutions Act of 1994. "Qualif ied journalist" means a person who: (1) is employed for an average of at least 30 hours per week; and

(2) is responsible for gathering, develo ping, preparing, directing the recording of, producing, col lecting, photographing, recording, writing, editing, reporting, designing, presenti ng, distributing, or publishing original news or information that concerns local matters of public interest. "Reporting period" means the quarter for which a return is required to be filed under Article 7 of the Illinois Income Tax Act.(Sou rce: P.A. 103-592, eff. 6-7-24; revised 10-24-24.) Section 275. The Music and Musicians Tax Credit and Jobs Act is amended by changing Section 50-1 as follows: (35 ILCS 19/50-1) Sec. 50-1. Short title. This Article Act may be cited as the Music and Musicians Tax Credit and Jobs Act. Re ferences in this Article to "this Act" mean this Article.(S ource: P.A. 103-592, eff. 6-7-24; revised 10-23-24.) Section 280. The Manufacturing Il linois Chips for Real Opportunity (MICRO) Act is amended by changing Section 110-20 as follows: (35 ILCS 45/110-20)

Sec. 110-20. Manufacturing Illinois Chips for Real Opportunity (MICRO) Program; project applicati ons. (a) The Manufacturin g Illinois Chips for Real Opportunity (MICRO) Program is hereby established and shall be administered by the Department. T he Program will provide financial incentives to eligible se miconductor manufacturers, microchip manufacturers, q uantum computer manufacturers, and companies that prima rily engage in research and development in the manufacturing o f quantum computers, semiconductors, or microchips. For t he purposes of this Section, a company is primarily engaged in research and developmen t in the manufacturing of quantum computers, semicond uctors, or microchips if at least 50% of its business acti vities involve research and development in the manufactu ring of quantum computers, semiconductors, or microchips.. (b) Any taxpayer pla nning a project to be located in Illinois may request consider ation for designation of its project as a MICRO project, by formal written letter of request or by formal application to the Dep artment, in which the applicant states its intent to make at least a specified level of investm ent and intends to hire a specified number of full-time employees at a designat ed location in Illinois. As circumstances require, the Department shal l require a formal application from an applicant and a f ormal letter of request for assistance.

(c) In order to qualify for credits under the Program program, an applicant must: (1) for a semiconductor manufacturer, a mic rochip manufacturer, a quantum computer manufacturer, or a company focusin g on research and development in the manufacturing of qua ntum computers, semiconductors, or microchips:

(A) make an investment of at least $1,500,000,000 in capital improvements at the project site; (B) to be placed in service within the State within a 60-month period after approval of the application; and (C) create at least 500 new full-time e mployee jobs; or (2) fo r a semiconductor component parts manufac turer, a microchip component parts manufacturer, a quantum comp uter component parts manufacturer, or a company focusing on research an d development in the manufacture of component parts for quantum computers, semiconductors, or microchips: (A) m ake an investment of at least $300,000,000 in capital imp rovements at the project site; (B) manufacture one or more parts that are primarily used for the manufacture of semiconducto rs or microchips; (C) to be placed in service within the State within a 60-month period after approval o f the application; and (D) create at least 150 new full-time employe e jobs; or (3) for a semiconductor manufacturer, a microchip manufacturer, a quantum computer manufacturer, a company focusing on research and developm ent in the manufacturing of quantum computers, semiconductors , or microchips, or a semiconductor or microchip component parts manufa cturer that does not qualify quality under paragraph (2) above: (A) make an investment of at least $2,500,000 in capital improvements at the project site; (B) to be placed in service within the State within a 4 8-month period after approval of the application; an d (C) create at l east 50 new full-time employee jobs or new full-t ime employees equivalent to 10% of the number of full-time employees employed by the applicant world-wide on the date the application is filed with the Depar tment; or (4) for a semiconductor manufacturer, quantum computer manufa cturer, microchip manufacturer, or semiconductor or microch ip component parts manufacturer with existing operations in Illinois that intends to convert or expand, in whole or in part, the existing facility from traditional manufactu ring to semiconductor manufacturing, quantum computer manufa cturing, or microchip manufacturing or semiconductor, quantum c omputer, or microchip component parts manufacturing, or a company focus ing on research and development in the manufacturing of q uantum computers, semiconductors, or microchips: (A) make an investment of at least $100,000,000 in capital improvements at the project site; (B) to be placed in service within the State within a 60-month period after approval of the application; and (C) create the lesser of 75 new ful l-time employee jobs or new full-time empl oyee jobs equivalent to 10% of the Statewide baseline applicabl e to the taxpayer and any related member at the time of application. (d) For any applicant creating the full-time employee jobs noted in subsection (c), those jobs must have a total compensation equal to or greater than 120% of the average wage paid to full-time employees in the c ounty where the project is located, as determined b y the Department. (e) Each applicant must outline its hiring plan and commitment to recruit and hire full-time employee positions at the project site. The hiring plan may include a partnership with an instituti on of higher education to provide internships, including, but n ot limited to, internships supported by the Clean Jobs Workf orce Network Program, or full-time permanent employment for students at the project site. Additionall y, the applicant may create or utilize participants from a pprenticeship programs that are approved by and registered with the United States Depart ment of Labor's Bureau of Apprenticeship and Training. The applicant Applicant m ay apply for apprenticeship education expense credits in accordance with the provisions set forth in 14 Ill. Adm. Admin. Code 522. Each appli cant is required to report annually, on or before April 15, o n the diversity of its workforce in accordance with Section 110 -50 of this Act. For existing facilities of applicants u nder paragraph (3) of subsection (b) above, if the taxpayer ex pects a reduction in force due to its transition to manu facturing semiconductors, microchips, or semiconductor or micr ochip component parts, the plan submitted under this Section must outline the taxpayer's plan to assist with r etraining its workforce aligned with the taxpayer's adoption of new technologies and anticipated efforts to retrain employees th rough employment opportunities within the taxpayer's workforc e. (f) A taxpayer may not enter into more than one agreement under this Act with respect to a si ngle address or location for the same period of time. A lso, a taxpayer may not enter into an agreement under this Ac t with respect to a single address or location for the sam e period of time for which the taxpayer currently holds an a ctive agreement under the Economic Development for a Growing E conomy Tax Credit Act. This provision does not preclude the applicant from entering into an additional agreement after the expiration or voluntary termination of an earlier agree ment under this Act or under the Economic Development for a Growing Economy Tax Credit Act to the extent that the tax payer's application otherwise satisfies the terms and conditio ns of this Act and is approved by the Department. An applicant with an existing agreement under the Economic Developme nt for a Growing Economy Tax Credit Act may submit an application for an agreement under this Ac t after it terminates any existing agreement under the Economic Development for a Growing Economy Tax Credit Act with respect to the same address or location.(Source: P. A. 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23; 103-595, eff. 6-26-24; revised 10-21-24.) Section 285. The Illinois Gives Tax Credit Act is amended by changing Section 170-1 as follows: (35 ILCS 60/170-1) Sec. 170-1. Short title. This Article Act may be cited as the Illinois Gives Tax Credit Act. Re ferences in this Article to "this Act" mean this Article.(Source: P.A. 103-592, eff. 6-7-24; revised 10-21-24.) Section 290. The Use Tax A ct is amended by changing Sections 2, 3-5, and 3-10 as follows: (35 ILCS 105/2) (from Ch. 120, par. 439.2)

Sec. 2. Definitions. As used in this Act: "Use" means the exercise by any person of any right or power over tangible personal prope rty incident to the ownership of that property, or, on and af ter January 1, 2025, incident to the possession or control of, the right to possess or control, or a license to use th at property through a lease, except that it does n ot include the sale of such property in any form as tangible personal property in the regular course of business to the ex tent that such property is not first subjected to a use for which it was purchased, and does not include the use of such propert y by its owner for demonstration purposes: Provided that the pr operty purchased is deemed to be purchased for the purpose of r esale, despite first being used, to the extent to which it is r esold as an ingredient of an intentionally produced product or b y-product of manufacturing. "Use" does not mean the demonstration u se or interim use of tangible personal property by a retailer before he sells that tangible personal pr operty. On and after January 1, 2025, the lease of tangible p ersonal property to a lessee by a retailer who is subje ct to tax on lease receipts under Public Act 103-592 this amendatory Act of the 103rd General Assembly does not qualify as demonstratio n use or interim use of that property. For watercraft or ai rcraft, if the period of demonstration use or interim u se by the retailer exceeds 18 months, the retailer shall pay on the retailers' original cost price the tax imposed by this Act, and no credit for that tax is permitted if the wat ercraft or aircraft is subsequently sold by the retailer. "Use" does not mean the physical incorporation of tangible p ersonal property, to the extent not first subjected to a use for which it was purchased, as an ingredient or constitu ent, into other tangible personal property (a) which is sold i n the regular course of business or (b) which the person inco rporating such ingredient or constituent therein has undertaken at the time of such purchase to cause to be transported in interstate commerce to destinations outside the State of Ill inois: Provided that the property purchased is deemed to b e purchased for the purpose of resale, despite first being use d, to the extent to which it is resold as an ingredi ent of an intentionally produced product or by-product of manufacturing. "Lease" means a transfer of the possession or control of, the right to possess or contr ol, or a license to use, but not title to, tangible perso nal property for a fixed or indeterminate term for consideration, regardless of the name by which the transaction is called. "Lease" does not includ e a lease entered into merely as a security agreem ent that does not involve a transfer of possession or control from t he lessor to the lessee. On and after Jan uary 1, 2025, the term "sale", when used in this Act, includes a lease.

"Watercraft" means a Class 2, Class 3, or Class 4 watercraft a s defined in Section 3-2 of the Boat Registration and Safety Act, a personal watercraft, or any boat equipped with an inboard motor. "Purchase at retail" means the acquisition of the ownership of, the title to, t he possession or control of, the right to possess or control, or a license to use, tangible personal property through a sale at retail. "Purchaser" means anyone who, through a sale a t retail, acquires the ownership of, the title to, the posse ssion or control of, the right to possess or control, or a lic ense to use, tangible personal property for a valuable consideration. "Sale at retail" means any t ransfer of the ownership of or title to tangible personal prop erty to a purchaser, for the purpose of use, and not for the pu rpose of resale in any form as tangible personal property to t he extent not first subjected to a use for which it was p urchased, for a valuable consideration: Provided that the prop erty purchased is deemed to be purchased for the purpose of resa le, despite first being used, to the extent to which it is resold a s an ingredient of an intentionally produced product or by-product of manufacturing. For this purpose, slag produced as an incident to manufacturing pig iron or steel and sold is considered to be an intentionally produced by-product of manufacturing. "Sale at retail" includes any su ch transfer made for resale unless made in compliance with Section 2c o f the Retailers' Occupation Tax Act, as incorporated by reference into Section 12 of this Act. Transactions whereby the possession of the property is transferred but the seller r etains the title as security for payment of the selling price are sales. "Sale at retail" shall also be construed to include any Illinois florist's sales transa ction in which the purchase order is received in Illino is by a florist and the sale is for use or consumption, but the Illinois florist has a florist in another state deliver the property to the purchaser or the purchaser's donee in such other state. Nonreusable tangible personal p roperty that is used by persons engaged in the business of operating a restaurant, cafeteria, or drive-in is a sale for resale when it is transferred to customers in the ordinar y course of business as part of the sale of food or bevera ges and is used to deliver, package, or consume food or beverag es, regardless of where consumption of the food or beverages oc curs. Examples of those items include, but are not limited to nonreusable, paper and plastic cups, plates, b askets, boxes, sleeves, buckets or other containers, utensils, straws, plac emats, napkins, doggie bags, and wrapping or packaging material s that are transferred to customers as part of the sale of food or beverages in the ordinary course of business. The purchase, employmen t, and transfer of such tangible person al property as newsprint and ink for the primary purpose of conveying news (with or without other information) is not a purchase, use, or sale of tangible per sonal property. "Selling price" means the con sideration for a sale valued in money whether received in money or o therwise, including cash, credits, property other than as hereinafte r provided, and services, but, prior to January 1, 2020 and be ginning again on January 1, 2022, not including the value of o r credit given for traded-in tangible personal property where the item that is traded-in is of like kind and charact er as that which is being sold; beginning January 1, 2020 an d until January 1, 2022, "selling price" includes the port ion of the value of or credit given for traded-in motor vehicles of the First Division as defined in Section 1-146 of the Illinois V ehicle Code of like kind and character as that which is bei ng sold that exceeds $10,000. "Selling price" shall be determi ned without any deduction on account of the cost of the propert y sold, the cost of materials used, labor or service cost, or any other expense whatsoever, but does not include interest or finance charges which appear as separate items on the bill of sale or sales contract nor charges that a re added to prices by sellers on account of the seller's tax liability under the Retailers' Occupation Tax Act, or on account of the seller's duty to collect, from the pur chaser, the tax that is imposed by this Act, or, except as ot herwise provided with respect to any cigarette tax imposed by a home rule unit, on account of the seller's tax liability un der any local occupation tax administered by the Department, or, except as otherwise provided with respect to any cigarette tax imposed by a home rule unit on account of the seller's du ty to collect, from the purchasers, the tax that is imposed und er any local use tax administered by the Department. Effecti ve December 1, 1985, "selling price" shall include charges tha t are added to prices by sellers on account of the seller's tax liability under the Cigarette Tax Act, on account of the seller's duty to collect, from the purchaser, the tax imposed under the Cigaret te Use Tax Act, and on account of the seller's duty to collect, from the purchaser, any cigarette tax imposed by a home rule unit. The provisions of this paragraph, which provides only for an alternative mea ning of "selling price" with respect to the sale of certain moto r vehicles incident to the contemporaneous lease of tho se motor vehicles, continue in effect and are not changed by the tax on leases implemented by Public Act 103-592 this amendatory Act of the 103rd General Ass embly. Notwithstanding any law to the contrary, fo r any motor vehicle, as defined in Section 1-146 of the Vehicle Code, that is sold on or after January 1, 2015 for the purpose of leasing the vehicle for a defined period th at is longer than one year and (1) is a motor vehicle of t he second division that: (A) is a self-contained motor ve hicle designed or permanently converted to provide living quarters for recreational, camping, or travel use, with direct w alk through access to the living quarters from the driver's seat; (B) is of the van configuration designed for the transpo rtation of not less than 7 nor more than 16 passengers; or (C) has a gross vehicle weight rating of 8,000 pounds or less or (2 ) is a motor vehicle of the first division, "selling pri ce" or "amount of sale" means the consideration received by th e lessor pursuant to the lease contract, including amounts due at lease signing and all monthly or other regular pay ments charged over the term of the lease. Also included in the selling price is any amount received by the lessor from the lessee for the leased vehicle that is not calculated at t he time the lease is executed, including, but not limited to, ex cess mileage charges and charges for excess wear and tear. For s ales that occur in Illinois, with respect to any amount received by the lessor from the lessee for the leased vehicle that is n ot calculated at the time the lease is executed, the less or who purchased the motor vehicle does not incur the tax imp osed by the Use Tax Act on those amounts, and the retailer wh o makes the retail sale of the motor vehicle to the lessor is not required to collect the tax imposed by this Act o r to pay the tax imposed by the Retailers' Occupation Tax Act on those amounts. However, the lessor who purchased the mot or vehicle assumes the liability for reporting and paying the tax on those amounts directly to the Department in the same form (Illinois Retailers' Occupation Tax, and local retailers' occupation taxes, if applicable) in which the retailer would have reported and paid such tax if the retailer had account ed for the tax to the Department. For amounts received by th e lessor from the lessee that are not calculated at the time t he lease is executed, the lessor must file the return and pay the tax to the Department by the due date otherwise required b y this Act for returns other than transaction returns. If the retailer is entitled under this Act to a discount for coll ecting and remitting the tax imposed under this Act to the De partment with respect to the sale of the motor vehicle t o the lessor, then the right to the discount provided in thi s Act shall be transferred to the lessor with respect to the tax paid by the lessor for any amount received by the l essor from the lessee for the leased vehicle that is not calcula ted at the time the lease is executed; provided that the discoun t is only allowed if the return is timely filed and for amounts timel y paid. The "selling price" of a motor vehicle that is sold on or after January 1, 2015 for the purpose of leasing for a defined period of longer than one year shall not be reduced by the value of or credit given for traded-in tangible personal prop erty owned by the lessor, nor shall it be reduced by the value of or credit given for traded-in tangible personal prope rty owned by the lessee, regardless of whether the trade- in value thereof is assigned by the lessee to the lessor. In the case of a motor vehicle that is sold for the purpose of l easing for a defined period of longer than one year, the sale occurs at the time of the delivery of the vehicle, regardless of the due date of any lease payments. A lessor who incurs a Re tailers' Occupation Tax liability on the sale of a motor vehicl e coming off lease may not take a credit against that liabilit y for the Use Tax the lessor paid upon the purchase of the motor vehicle (or for any tax the lessor paid with respect to any amount received by the lessor from the lessee for the l eased vehicle that was not calculated at the time the lease w as executed) if the selling price of the motor vehicle at the time of purchase was calculated using the definition of "sell ing price" as defined in this paragraph. Notwithstanding any other provision of this Act to the contrary, lessors shall file all returns and make all payments required under this parag raph to the Department by electronic means in the manner and f orm as required by the Department. This paragraph does not apply to leas es of motor vehicles for which, at the time the lease is entered into, the term of the leas e is not a defined period, including leases with a defined initial period with the option to conti nue the lease on a month-to-month or other basis b eyond the initial defined period.

The phrase "like kind and character" shall be liberally cons trued (including, but not limited to , any form of motor vehicle for any form of mo tor vehicle, or any kind of farm or agricultural implement for any other kind of farm or agricultur al implement), while not including a kind of item which, i f sold at retail by that retailer, would be exempt from retai lers' occupation tax and use tax as an isolated or occasional s ale. "Department" means the Department of Revenue. "Person" means any natural individua l, firm, partnership, association, joint stock company, jo int adventure, public or private corporation, limited liabili ty company, or a receiver, executor, trustee, guardian, or other representative appointed by order o f any court. "Retailer" means and in cludes every person engaged in the business of making sales , including, on and after January 1, 2025, leases, at ret ail as defined in this Section. With respect to leases, a " retailer" also means a "lessor", except as otherwise pr ovided in this Act. A person who holds himse lf or herself out as being engaged (or who habitually eng ages) in selling tangible personal property at retail is a reta iler hereunder with respect to such sales (and not primarily i n a service occupation) notwithstanding the fact that su ch person designs and produces such tangible personal pro perty on special order for the purchaser and in such a way as to render the property of value only to such purchaser, if such tangible personal property so produced on special order serves substantially the same function as stock or standard items of tangible personal property that are sold at retail. A person whose activities are or ganized and conducted primarily as a not-for-profit service enterprise, and who engages in selling tangible personal property a t retail (whether to the public or merely to members and thei r guests) is a retailer with respect to such transactions, excepting only a perso n organized and operated exclusively for charitable, religious or educational purpo ses either (1), to the extent of sal es by such person to its members, students, patients, or inmates of tangible personal property to be us ed primarily for the purposes of such person, or (2), to the extent of sales by such person of tangible personal property which is not sold or offer ed for sale by persons organized for profit. The selling of school books and sch ool supplies by schools at retail to students is not "primarily for the pu rposes of" the school which does such selling. This paragraph does not apply to nor subject to taxation occasional dinners, social, or similar activities of a person organized and operated exclusively for charitable, religious, or educational purp oses, whether or not such activities are open to the public . A person who is the recipient of a grant or contract under Title VII of the Older Americans Act of 196 5 (P.L. 92-258) and serves meals to participants in the federal Nutriti on Program for the Elderly in return for contributi ons established in amount by the individual participant pu rsuant to a schedule of suggested fees as provided for in the federal Act is not a retailer under this Act with respect to such trans actions. Persons who engage in the business of transferring tangible personal property upon the redemption of trading stamps are retailers hereunder when engaged in such business. The isolated or occasional sa le of tangible personal property at retail by a person who d oes not hold himself out as being engaged (or who does not habitually engage) in selling such tangible personal pro perty at retail or a sale through a bulk vending machine do es not make such person a retailer hereunder. However, any pers on who is engaged in a business which is not subject to the tax imposed by the Retailers' Occupation Tax Act because of i nvolving the sale of or a contract to sell real estate or a construction contract to improve real estate, but who, in the c ourse of conducting such business, transfers tangible persona l property to users or consumers in the finished form in whic h it was purchased, and which does not become real estate , under any provision of a construction contract or real es tate sale or real estate sales agreement entered into with s ome other person arising out of or because of such nontaxable business, is a retailer to the extent of the value of the t angible personal property so transferred. If, in such tran saction, a separate charge is made for the tangible personal pro perty so transferred, the value of such property, for th e purposes of this Act, is t he amount so separately charged, but not less than the cos t of such property to the transferor; if no separate charg e is made, the value of such property, f or the purposes of this Act, is the cost to the transfe ror of such tangible personal property. "Retailer maintaining a place of business in this State", or any li ke term, means and includes any of the following r etailers: (1) A reta iler having or maintaining within this State, directly or by a subsidiary, an office, distribution house, sales house, warehouse, or other place of b usiness, or any agent or other representative operating wi thin this State under the authority of the retailer or its subsidiary, irrespective of whether such place of busine ss or agent or other representative is located here per manently or temporarily, or whether such retailer or subsid iary is licensed to do business in this State. However, the ownership of property that is located at the premises of a printer with which the retailer has contracted for p rinting and that consists of the final printed product, p roperty that becomes a part of the f inal printed product, or copy from which the printed pr oduct is produced shall not result in the retailer b eing deemed to have or maintain an office, distribution h ouse, sales house, warehouse, or other place of business within this State. (1 .1) A retailer having a contract with a person located in t his State under which the person, for a commission or other consideration based upon the sale of tangible per sonal property by the retailer, directly or indirectly refers potential customers to the retailer by providing to the potential customers a promotional code or other mechanism that allows the retailer to track purchases referred by such persons. Examples of mechanisms that allow the retailer to track purchases referred by such pe rsons include, but are not limited to, the use of a link on the person's Int ernet website, promotional codes distributed through the pe rson's hand-delivered or mailed material, and promoti onal codes distributed by the person through radio or oth er broadcast media. The provisions of this paragraph (1.1) shall apply only if the cumulative gross receipts from s ales of tangible personal property by the retailer to cust omers who are referred to the retailer by all persons in th is State under such contracts exceed $10,000 during the preceding 4 quarterly periods ending on the last day of March, June, September, and December. A retailer meeti ng the requirements of this paragraph (1.1) shall be presum ed to be maintaining a place of business in this State but may rebut th is presumption by submitting proof that the referrals or other activities pursued within this State by such persons were not sufficient to meet the nexus standards of the United States Constitution during the preceding 4 quarterly periods. (1.2) Beginning July 1, 2011, a retail er having a contract with a person located in this St ate under which: (A) the retailer sells the same or substantially similar l ine of products as the person located in this Stat e and does so using an identical or substantially sim ilar name, trade name, or trademark as the person located in this State; and

(B) the retailer provides a commis sion or other consideration to the person located in this S tate based upon the sale of tangible personal property by the retailer. The prov isions of this paragraph (1.2) shall apply only if the cumulative gros s receipts from sales of tangible personal prope rty by the retailer to customers in this State u nder all such contracts exceed $10,000 during th e preceding 4 quarterly periods ending on the la st day of March, June, September, and December. (2) (Blank). (3) (Blank). (4) (Blank). (5) (Blank). (6) (Blank). (7) (Blank). (8) (Blan k). (9) Beginning October 1, 2018, a retailer making sales of tangible pe rsonal property to purchasers in Illinois from outside of Illi nois if: (A) the cumulative gross receipts from sales of tangible perso nal property to purchasers in Illinois are $100,000 or mo re; or (B) t he retailer enters into 200 or more separate transactions for the sale of tangible personal property to purchas ers in Illinois. The re tailer shall determine on a quarterly basis, ending on the last d ay of March, June, September, and December, whether he or she meets the criteria of either subparagraph (A) or (B) o f this paragraph (9) for the preceding 12-month peri od. If the retailer meets the threshold of either subparagra ph (A) or (B) for a 12-month period, he or sh e is considered a retailer maintaining a place of busin ess in this State and is required to collect and remit th e tax imposed under this Act and file returns for o ne year. At the end of that one-year period, the reta iler shall determine whether he or she met the threshold of either subparagraph (A) or (B) during the preceding 12 -month period. If the retailer met the criteria in either subparagraph (A) or (B) for the preceding 12-month period, he or she is considered a retailer maintaini ng a place of business in this State and is required to collect and remit the tax imposed under this Act and file returns for the subsequent year. If at the end of a one-year period a retailer that was required to collect and remit the tax imposed under this Act determines that he or she did not meet the threshold in either subpara graph (A) or (B) during the preceding 12-month period, th e retailer shall subsequently determine on a quarterly basis , ending on the last day of March, June, September, and De cember, whether he or she meets the threshold of either su bparagraph (A) or (B) for the preceding 12-month peri od. Beginning January 1, 2020, neither the gross receipts from nor the number of separate transactions for sales of tangible personal pro perty to purchasers in Illinois that a retailer makes through a marketplace facili tator and for which the retailer has received a cert ification from the marketplace facilitator pursuant to Sect ion 2d of this Act shall be included for purposes of determining whether he or she has met the thresholds of this paragraph (9). (1 0) Beginning January 1, 2020, a marketplace facilitator that m eets a threshold set forth in subsection (b) of Section 2d of this Act. "Bulk vending machine" me ans a vending machine, containing unsorted confec tions, nuts, toys, or other items designed primarily to be used or played with by children whi ch, when a coin or coins of a denomination not larger than $0.50 are inserted, are dis pensed in equal portions, at random and without selection by the customer.(Source: P.A. 102-353, eff. 1-1-22; 103-592, eff. 1-1-25; revised 11-22-24.) (35 ILCS 105/3-5) Sec. 3-5. Exemptions. Use, wh ich, on and after January 1, 2025, includes use by a lessee, o f the following tangible personal property is exempt from the tax imposed by this Act: (1) Personal property purcha sed from a corporation, society, association, foundation, inst itution, or organization, other than a limited liabilit y company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not p urchased by the enterprise for the purpose of resale by the enterpris e. (2) Personal property purchased by a not -for-profit Illinois county fair association for use in conducting, operating, or promoting the county fair. (3) Personal property purchased by a not-for-profit arts or cultural organization that e stablishes, by proof required by the Department by rule, that i t has received an exemption under Section 501(c)(3) of the Internal Revenue Code and that is organized and operated primarily for the presentation or support of arts or cultural programming, activities, or services. These organizations inc lude, but are not limited to, music and dramatic arts organiza tions such as symphony orchestras and theatrical groups, arts and cu ltural service organizations, local arts councils, visual arts organizations, and media arts organiz ations. On and after July 1, 2001 (the effective date o f Public Act 92-35), however, an entity otherwise eligi ble for this exemption shall not make tax-free purchases unless it has an active identification number issued by the Dep artment. (4) Except as otherwise provided in this Act, personal property purchased by a governmental body, by a corporation, society, association, foundation, or institution o rganized and operated exclusively for charitable, religious, or educational purposes, or by a not-for-profit co rporation, society, association, foundation, institution, or organization that has no compensated officers or employees and that is organized and operated primarily for the recrea tion of persons 55 years of age or older. A limited liability co mpany may qualify for the exemption under this paragraph on ly if the limited liability company is organized an d operated exclusively for educational purposes. O n and after July 1, 1987, however, no entity otherwise eligib le for this exemption shall make tax-free purchases unless it h as an active exemption identification number issued by the Department. (5) Until July 1, 2003, a p assenger car that is a replacement vehicle to the extent tha t the purchase price of the car is subject to the Replacemen t Vehicle Tax. (6) Until July 1, 2003 and beginning again on September 1, 2004 through August 30, 2014, graphic arts machinery and equipment, including repair a nd replacement parts, both new and used, and including that manufactured on special order, certified by the purchaser to be used primarily for graphic arts production, and includin g machinery and equipment purchased for lease. Equipment inclu des chemicals or chemicals acting as catalysts but only if the chemicals or chemicals acti ng as catalysts effect a direct and im mediate change upon a graphic arts product. Beginning on J uly 1, 2017, graphic arts machinery and equipment is included i n the manufacturing and assembling machinery and equipment exemption under paragraph (18). (7) Farm chemicals. (8) Legal tend er, currency, medallions, or gold or silver coinage is sued by the State of Illinois, the government of the Uni ted States of America, or the government of any foreign co untry, and bullion. (9) Personal property purchased from a teache r-sponsored student organization affiliated with an elementary or secondary school located in Illinois. (10) A motor vehicle that is used for automobile r enting, as defined in the Automobile Renting Occupation and U se Tax Act. (11) Farm machinery and equipme nt, both new and used, including that manufactured on speci al order, certified by the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the mac hinery and equipment, including machinery and equipment purchased f or lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery and agricultural chemical and fertilizer spreaders , and nurse wagons required to be registered under Section 3 -809 of the Illinois Vehicle Code, but excluding other motor vehicles required to be registered under the Illinois Veh icle Code. Horticultural polyhouses or hoop houses used for p ropagating, growing, or overwintering plants shall be considered farm machinery and equipment under this item (11). Ag ricultural chemical tender tanks and dry boxes shall include units sold separately from a motor vehicle requ ired to be licensed and units sold mounted on a motor vehicle required to be licensed if the selling price of the tender is s eparately stated. Farm machinery and equipmen t shall include precision farming equipment that is ins talled or purchased to be installed on farm machinery and eq uipment, including, but not limite d to, tractors, harvesters, sprayers, planters, seeder s, or spreaders. Precision farming equipment includes, but is n ot limited to, soil testing sensors, computers, monitors, so ftware, global positioning and mapping systems, and other such equipment. Farm machinery and equipment also includes computers, sensors, software, and related equipm ent used primarily in the computer-as sisted operation of production agriculture facilities, equi pment, and activities such as, but not limited to, the co llection, monitoring, and correlation of animal and crop data for the purpose of formulating animal diets and agr icultural chemicals. Beginning on January 1, 2024, farm machinery and equipment also includes electrical power generation equipment used primarily for production agriculture.

This item (11) is exempt from the provisions of Section 3 -90. (12) Until June 30, 2013, fuel and petroleum products sold to or used by an air common carrie r, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the Uni ted States without regard to previous or subsequent domestic sto povers. Beginning July 1, 2013, fuel and p etroleum products sold to or used by an air carrier, certifie d by the carrier to be used for consumption, shipment, or sto rage in the conduct of its business as an air common carr ier, for a flight that (i) is engaged in foreign trade or is engaged in trade between the Unite d States and any of its possessions and (ii) transport s at least one individual or package for hire from the city of origination to the city of final destination on the same aircra ft, without regard to a change in the flight number of that aircraft. (13) Proceeds of mandator y service charges separately stated on customers' bills fo r the purchase and consumption of food and beverages purch ased at retail from a retailer, to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute for tips to the employees who participate dir ectly in preparing, serving, hosting or cleaning up the food or beverage function with respect to which the service char ge is imposed. (14) Until July 1, 2003, oil field exploration, drilling, and production equipment, includi ng (i) rigs and parts of rigs, rotary rigs, cable tool rig s, and workover rigs, (ii) pipe and tubular goods, includin g casing and drill strings, (iii) pumps and pump-jack units, (iv) storage tanks and fl ow lines, (v) any individual replacement part for oil fi eld exploration, drilling, and production equipment, and (v i) machinery and equipment purchased for lease; but excluding m otor vehicles required to be registered under the Illino is Vehicle Code. (15) Photoprocessing machinery and equipment , including repair and replacement parts, both new and us ed, including that manufactured on special order, certified by t he purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purcha sed for lease. (16) Until July 1, 2028, coa l and aggregate exploration, mining, off-highway haul ing, processing, maintenance, and reclamation equipment, including rep lacement parts and equipment, and including equipment purcha sed for lease, but excluding motor vehicles required to be registere d under the Illinois Vehicle Code. The changes made to this Se ction by Public Act 97-767 apply on and after July 1, 2003, but no clai m for credit or refund is allowed on or after August 16, 2013 (the effective date of Public Act 98-456) for su ch taxes paid during the period beginning July 1, 2003 a nd ending on August 16, 2013 (the effective date of Public Act 98-456). (17) Until July 1, 2003, dis tillation machinery and equipment, sold as a unit or kit, assembled or installed by the retailer, certified by the user to be us ed only for the production of ethyl alcohol that will be used for consumption as motor fuel or as a component of motor f uel for the personal use of the user, and not subject to s ale or resale. (18) Manufacturing and asse mbling machinery and equipment used primarily in the process of manufacturing or assembling tangible personal property for whol esale or retail sale or lease, whether that sale or lease is ma de directly by the manufacturer or by some other person, whethe r the materials used in the process are owned by the manufac turer or some other person, or whether that sale or lease i s made apart from or as an incident to the seller's engaging in the service occupation of producing machines, tools, dies, jigs , patterns, gauges, or other similar items of no commercial value on special order for a particular purchaser. The ex emption provided by this paragraph (18) includes production r elated tangible personal property, as defined in Section 3-50, purchased on or after July 1, 2019. The exemptio n provided by this paragraph (18) does not include machinery a nd equipment used in (i) the generation of electricity f or wholesale or retail sale; (ii) the generation or treatment of natural or artificial gas for wholesale or retail sale that is de livered to customers through pipes, pipelines, or mains; o r (iii) the treatment of water for wholesale or retail sale th at is delivered to customers through pipes, pipelines, or mai ns. The provisions of Public Act 98-583 are declaratory of existing law as to the meaning and scope of this e xemption. Beginning on July 1, 2017, the exemption provided by this paragraph (18) includes, but is not limited to, gra phic arts machinery and equipment, as defined in paragraph (6) of this Section. (19) Pers onal property delivered to a purchaser or purchaser's don ee inside Illinois when the purchase order for that pe rsonal property was received by a florist located outside Illinois who has a florist located inside Illinois delive r the personal property. (20) Semen used f or artificial insemination of livestock for direct agricul tural production. (21) Horses, or interests in horses, registered with and meeting the requiremen ts of any of the Arabian Horse Club Registry of America, Appaloos a Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes. This item (21) is exempt from the provisions of Section 3-90, and the exempti on provided for under this item (21) applies for all peri ods beginning May 30, 1995, but no claim for credit or ref und is allowed on or after January 1, 2008 for such taxes p aid during the period beginning May 30, 2000 and ending on Jan uary 1, 2008. (22) Computers and commun ications equipment utilized for any hospital purpose and e quipment used in the diagnosis, analysis, or treatment of hospital patients purchased by a lessor who leases the e quipment, under a lease of one year or longer executed or in e ffect at the time the lessor would otherwise be subject to the t ax imposed by this Act, to a hospital that has been issued an active tax exemption identification number by the Department under Se ction 1g of the Retailers' Occupation Tax Act. If the equipment is leased in a manner that does not qualify for this exemption or is used in any other non-exempt manner, the lessor sha ll be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use oc curs. No lessor shall collect or attempt to collect an amou nt (however designated) that purports to reimburse that lesso r for the tax imposed by this Act or the Service Use Tax Act, a s the case may be, if the tax has not been paid by the lessor. If a lessor improperly collect s any such amount from the lessee, the lessee shall have a legal right to claim a refund of that amount from the lesso r. If, however, that amount is not refunded to the lessee for a ny reason, the lessor is liable to pay that amount to the Dep artment. (23) Personal property purchas ed by a lessor who leases the property, under a lease of one year or longer executed or in effect at the time the lessor wo uld otherwise be subject to the tax imposed by this Act, to a governmental body that has been issued an active sales tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. If the property is l eased in a manner that does not qualify for this exemption or used in any other non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use oc curs. No lessor shall collect or attempt to collect an amou nt (however designated) that purports to reimburse that lesso r for the tax imposed by this Act or the Service Use Tax Act, a s the case may be, if the tax has not been paid by the lessor. If a lessor improperly collect s any such amount from the lessee, the lessee shall h ave a legal right to claim a refund of that amount from the l essor. If, however, that amount is not refunded to the lesse e for any reason, the lessor is liable to pay that amount to the Department. (24) Beginning with ta xable years ending on or after December 31, 1995 and ending wit h taxable years ending on or before December 31, 2004, persona l property that is donated for disaster relief to be used in a State or federally declared disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registe red in this State to a corporation, society, associat ion, foundation, or institution that has been issued a sales tax exemption identification number by the Department that a ssists victims of the disaster who reside within the decl ared disaster area. (25) Beginning with ta xable years ending on or after December 31, 1995 and endin g with taxable years ending on or before December 31, 20 04, personal property that is used in the performance of inf rastructure repairs in this State, including, but not limited to, municipal roads and streets, access roads, bridges, sidewa lks, waste disposal systems, water and sewer line extensions, w ater distribution and purification facilities, storm wat er drainage and retention fa cilities, and sewage treatment facilities, resulting from a State or federally declared disaster in Illinois or bordering Illinois when such repairs are initiated on facilities locat ed in the declared disaster area within 6 months aft er the disaster. (26) Beginning July 1, 1999, game or game birds purchased at a "game breeding and hun ting preserve area" as that term is used in the Wildlife Code. This paragraph is exempt from the provisions of Sect ion 3-90. (27) A motor vehicle, as that term is defined in Section 1-146 of the Ill inois Vehicle Code, that is donated to a corporation, limited liability company, society, association, foundation, or instit ution that is determined by the Department to be organized and operated exclusively for educational purposes. For purposes of this exemption, "a corporation, limited liability compa ny, society, association, foundation, or institution o rganized and operated exclusively for educational purposes" means al l tax-supported public schools, private schools that offer systematic instruction in useful branches of learnin g by methods common to public schools and that compare favorably in their scope and intensity with the course of stud y presented in tax-supported schools, and vocational or technical schools or instit utes organized and operated exclusively to provide a course of study of not less than 6 weeks duration and desig ned to prepare individuals to follow a trade or to pursue a man ual, technical, mechanical, industrial, business, or commerci al occupation. (28) Beginning January 1, 2000 , personal property, including food, purchased through fundr aising events for the benefit of a public or private element ary or secondary school, a group of those schools, or one or more school districts if the events are sponsored by an en tity recognized by the school district that consists primarily of volunteers and includes parents and teachers of the schoo l children. This paragraph does not apply to fundraising even ts (i) for the benefit of private home instruction or (ii) for which the fundraising entity purchases the personal property sol d at the events from another individual or entity that s old the property for the purpose of resale by the fundraising entity and that profits from the sale to the fundraising e ntity. This paragraph is exempt from the provisions of Section 3-90. (29) Beginning January 1 , 2000 and through December 31, 2001, new or used automatic ven ding machines that prepare and serve hot food and beverages, including coffee, soup, and other items, and replacemen t parts for these machines. Beginning January 1, 2002 and through Jun e 30, 2003, machines and parts for machines used in commercial, coin-operat ed amusement and vending business if a use or occupation t ax is paid on the gross receipts derived from the use of t he commercial, coin-operated amusement and vending ma chines. This paragraph is exempt from the provisions of Sec tion 3-90. (30) Beginning January 1, 2001 and through June 30, 2016, food for human consump tion that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food tha t has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances, and insu lin, urine testing materials, syringes, and needles used by diab etics, for human use, when purchased for use by a perso n receiving medical assistance under Article V of the Illinois Public Ai d Code who resides in a licensed long-term care fa cility, as defined in the Nursing Home Care Act, or in a licensed facility as defined in the ID/DD Community Care Act, the MC /DD Act, or the Specialized Mental Health Rehabilitatio n Act of 2013. (31) Beginning on August 2, 2 001 (the effective date of Public Act 92-227), compute rs and communications equipment utilized for any hospital pur pose and equipment used in the diagnosis, analysis, or treatment of hospital patients purchased by a lessor who leases the e quipment, under a lease of one year or longer executed or in e ffect at the time the lessor would otherwise be subject to the t ax imposed by this Act, to a hospital that has been issued an active tax exemption identification number by the Department u nder Section 1g of the Retailers' Occupation Tax Act. If the equ ipment is leased in a manner that does not qualify for thi s exemption or is used in any other nonexempt manner, the les sor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair marke t value of the property at the time the nonqualifying use oc curs. No lessor shall collect or attempt to collect an amou nt (however designated) that purports to reimburse that lesso r for the tax imposed by this Act or the Service Use Tax Act, a s the case may be, if the tax has not been paid by the lessor. If a lessor improperly collects any such amount from the les see, the lessee shall have a legal rig ht to claim a refund of that amount from the lessor. If, however, that amount is not refunded to the lessee for any reason , the lessor is liable to pay that amount to the Department. This paragraph is exempt from the provisions of Section 3- 90. (32) Beginning on August 2, 2001 (the eff ective date of Public Act 92-227), personal p roperty purchased by a lessor who leases the property, under a lease of one year or longer executed or in effect at the t ime the lessor would otherwise be subject to the tax imposed by this Act, to a governmental body that has been issued an active sales tax exemption identification number by the Department u nder Section 1g of the Retailers' Occupation Tax Act. If the pr operty is leased in a manner that does not qualify for this exe mption or used in any other nonexempt manner, the lessor s hall be liable for the tax imposed under this Act or the Servi ce Use Tax Act, as the case may be, based on the fair market va lue of the property at the time the nonqualifying use oc curs. No lessor shall collect or attempt to collect an amou nt (however designated) that purports to reimburse that lesso r for the tax imposed by this Act or the Service Use Tax Act, a s the case may be, if the tax has not been paid by the lessor. If a lessor improperly collects any such amount from the les see, the lessee shall have a legal rig ht to claim a refund of that amount from the lessor. If, h owever, that amount is not refunded to the lessee for any reaso n, the lessor is liable to pay that amount to the Department. T his paragraph is exempt from the provisions of Section 3-90. (33) On and after July 1, 2003 and throug h June 30, 2004, the use in this State of motor vehicles of th e second division with a gross vehicle weight in excess of 8,000 pounds and that are subject to the commercial distributio n fee imposed under Section 3-815.1 of the Illinois Vehicle Code. Beginning on July 1, 2004 and through June 30, 2005, the use in this State of motor vehicles of the second divisi on: (i) with a gross vehicle weight rating in excess of 8,000 pounds; (ii) that are subject to the commercial distributio n fee imposed under Section 3-815.1 of the Illinois Vehi cle Code; and (iii) that are primarily used for commercial purposes. Through June 30, 2005, this exemption applies to repair and replacement parts added after the initial purc hase of such a motor vehicle if that motor vehicle is us ed in a manner that would qualify for the rolling stock exempt ion otherwise provided for in this Act. For purposes of thi s paragraph, the term "used for commercial purposes" means th e transportation of persons or property in furtherance of an y commercial or industrial enterprise, whether for-hire or not. (34) Beginning January 1, 2008, ta ngible personal property used in the construction or main tenance of a community water supply, as defined under Section 3.145 of the Enviro nmental Protection Act, that is operated by a not-for-profit corporation that holds a valid water supp ly permit issued under Title IV of the Environmental Protectio n Act. This paragraph is exempt from the provisions of Sectio n 3-90. (35) Beginning January 1, 2010 and continuing through December 31, 2029, mater ials, parts, equipment, components, and furnishings incorporated into or upon an aircraft as part of the modificat ion, refurbishment, completion, replacement, repair, or maintenance of the aircraft. This exemption includes consu mable supplies used in the modification, refurbishment, comp letion, replacement, repair, and maintenance of aircraf t. However, until January 1, 2024, this exemption excludes an y materials, parts, equipment, components, and consumable s upplies used in the modification, replacement, repair, and maintenance of aircraft engines or power plants, wheth er such engines or power plants are installed or uninstall ed upon any such aircraft. "Consumable supplies" include, but a re not limited to, adhesive, tape, sandpaper, general purpose lubricants, cleaning solution, latex gloves, and protective films. Beginning January 1, 2010 and contin uing through December 31, 2023, this exemption a pplies only to the use of qualifying tangible personal property by persons who modify, refurbish, complete, repair, replace, o r maintain aircraft and who (i) hold an Air Agency Certificat e and are empowered to operate an approved repair station by t he Federal Aviation Administration, (ii) have a Class IV Rating, and (iii) conduct operations in accordance with Part 145 of the Federal Aviation Regulations. From January 1, 2024 through December 31, 2029, this exemption applie s only to the use of qualifying tangible personal property by: (A) persons who modify, refurbish, complete, repair, replace, o r maintain aircraft and who (i) hold an Air Agency Certificat e and are empowered to operate an approved repair station by the Federal Aviation Administration, (ii) have a Class IV R ating, and (iii) conduct operations in accordance with P art 145 of the Federal Aviation Regulations; and (B) p ersons who engage in the modification, replacement, repai r, and maintenance of aircraft engines or power plants witho ut regard to whether or not those persons meet the qualificat ions of item (A). The exemption does not includ e aircraft operated by a commercial air carrier providing schedu led passenger air service pursuant to authority issued under P art 121 or Part 129 of the Federal Aviation Regulations. The changes made to this paragraph (35) by Public Act 98-534 are declarative of existing law. It is the intent of the Gener al Assembly that the exemption under this paragraph (35) applies continuously from January 1, 2010 through December 31, 2024; however, no claim f or credit or refund is allowed for taxes paid as a result of the disallowance of this exemption on or after January 1, 2015 and pr ior to February 5, 2020 (the effective date of Public Act 10 1-629). (36) Tangible personal prope rty purchased by a public-facilities corporati on, as described in Section 11-65-10 of the Illino is Municipal Code, for purposes of constructing or furnishing a municipal convention hall, but only if the legal ti tle to the municipal convention hall is transferred to the munici pality without any further consideration by or on behalf of the municipality at the time of the completion of the municipal convention hall or upon the retirement or redemption of any bonds or oth er debt instruments issued by the public-facilities cor poration in connection with the developmen t of the municipal convention hall. This exemption inclu des existing public-facilities corporations as provided in Secti on 11-65-25 of the Illinois Municipal Code. This paragraph is exempt from the provisions of Section 3-90. (37) Beginning January 1, 2 017 and through December 31, 2026, menstrual pads, tampons, and menstrual cups. (38) Merchandise that is subject to the Rental Purchase Agreement Occupation and Use Tax. Th e purchaser must certify that the item is purchased to be rented subject to a ren tal-purchase agreement, as defined in the Rental-Purchase Agreement Act, and provide proof of registration u nder the Rental Purchase Agreement Occupation and Use Tax Act . This paragraph is exempt from the pr ovisions of Section 3-90. (39) Tangible personal property purchased by a purchaser who is exempt from the tax imposed by this Act by operation of federal law. This paragraph is exempt from the provisi ons of Section 3-90. (40) Qualifie d tangible personal property used in the construction or opera tion of a data center that has been granted a certificate o f exemption by the Department of Commerce and Economic Opportun ity, whether that tangible personal property is purchased by the owne r, operator, or tenant of the data center or by a contrac tor or subcontractor of the owner, operator, or tenant. Data ce nters that would have qualified for a certificate of exemption prior to January 1, 2020 had Public Act 101-31 been in ef fect may apply for and obtain an exemption for subsequent purchases of computer equipmen t or enabling software purchased or leased to upgrade, su pplement, or replace computer equipment or enabling software purcha sed or leased in the original investment that would have qu alified. The Department of Commerce and Economic O pportunity shall grant a certificate of exemption under this item (40) to qualified data centers as defined by Section 605-1025 of the Department of Commerce and Econom ic Opportunity Law of the Civil Administrative Code of Ill inois. For the purposes of this item (40): "Data center" means a building or a series of buil dings rehabilitated or constructed to house working ser vers in one physical location or multiple sites with in the State of Illinois. "Qualified tangible personal property" means: elect rical systems and equipment; climate control and chillin g equipment and systems; mechanical systems and equip ment; monitoring and secure systems; emergency genera tors; hardware; computers; servers; data storage devices; network connectivity equipment; racks; cabine ts; telecommunications cabling infrastructure; raised floo r systems; peripheral components or systems; software; mec hanical, electrical, or plumbing systems; battery syste ms; cooling systems and towers; temperature control sy stems; other cabling; and other data center infrastruct ure equipment and systems necessary to operate qualif ied tangible personal property, including fixtures; and component parts of any of the foregoing, includ ing installation, maintenance, repair, refurbishment, and r eplacement of qualified tangible personal property to generate, transform, transmit, distribute, or manag e electricity necessary to operate qualified tangible pers onal property; and all other tangible personal property that is essential to the operations of a computer data c enter. The term "qualified tangible personal property" a lso includes building materials physicall y incorporated into the qualifying data center. To docum ent the exemption allowed under this Section, the retailer must obtain from the purcha ser a copy of the certificate of eligibility issued by the D epartment of Commerce and Economic Opportunity. This item (40) is exempt from the provisions of Secti on 3-90. (41) Beginning July 1, 2022, breast pumps, breast pump collection and storage sup plies, and breast pump kits. This item (41) is exempt from the provisions of Section 3-90. As used in this item (41): "Breast pump " means an electrically controlled or manually controlled pu mp device designed or marketed to be used to express milk from a human breast during lactation, includ ing the pump device and any battery, AC adapter, or other power supply unit that is used to power the pump device and is packaged and sold with the pump device at the time of sale. "Breast pump collection and storage supplies" means items of tangible person al property designed or marketed to be used in conjunction with a breast pump to collect milk expressed from a human breast and to store collected milk until it is ready for c onsumption. "Brea st pump collection and storage supplies" includes, but is not limited to: breast shields and breast shield connectors; breast pump tubes and tubing adapters; breast pu mp valves and membranes; backflow protectors and backflow protector adaptors; bottles and bottle caps specific to t he operation of the breast pump; and breast milk stora ge bags. "Breast pump c ollection and storage supplies" does not include: (1) bottles and bottle caps not specific to the operatio n of the breast pump; (2) breast pump travel bags a nd other similar carrying accessories, including ice packs , labels, and other similar products; (3) breast pump cle aning supplies; (4) nursing bras, bra pads, breast shells, and other similar products; and (5) creams, ointme nts, and other similar products that relieve breastfeeding -related symptoms or conditions of the breasts or nipples, unless sold as part of a breast pump kit that is pre-packaged by the breast pump manufacturer or distributor. "Breast pump kit" means a kit that: (1) contains no more than a breast pump, breast pump collection and s torage supplies, a rechargeable battery for operating th e breast pump, a breastmilk cooler, bottle stands, ice packs, and a breast pump carrying case; and (2) is pre-packaged as a breast pump kit by the breast pum p manufacturer or distributor. (42 ) Tangible personal property sold by or on behalf of the State Treasurer pursuant to the Revised Uniform Unclaime d Property Act. This item (42) is exempt from the provisio ns of Section 3-90. (43) Beginning on January 1, 2024, tangible personal property purchased by an act ive duty member of the armed forces of the United States who presents valid military identification and purchases the property using a form of payment where the federal gover nment is the payor. The member of the armed forces must complet e, at the point of sale, a form prescribed by the Department of Revenue documenting that the transaction is eligible for the exemption under this paragraph. Retailers must keep the form as documentation of the exemption in their records for a period of not less than 6 years. "Armed fo rces of the United States" means the United States Army, Navy, Air Force, Space Force, Marine Corps, or Coast Guard. This pa ragraph is exempt from the provisions of Section 3-90. (44) Beginning July 1, 2024, h ome-delivered meals provided to Medicare or Medicaid recipients when pa yment is made by an intermediary, such as a Medicare Administrative Contractor, a Managed Care Organiza tion, or a Medicare Advantage Organization, pursuant to a govern ment contract. This item (44) is exempt from the provis ions of Section 3-90. (45) (44) Beginning on Janua ry 1, 2026, as further defined in Section 3-10, food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, fo od consisting of or infused with adult use cannabis, soft drinks, candy, and food that has been prepared for immediate consumption). This item ( 45) (44) is exempt fro m the provisions of Section 3-90. (46) (44) Use by the l essee of the following leased tangible personal property: (1) software transferred subj ect to a license that meets the following re quirements: (A) it is evidenced by a written agreement sign ed by the licensor and the customer; (i) an electronic agreement in which the customer accepts the license by means of an electronic signature that is verifiable and can be authenticated and is attached to or made par t of the license will comply with this requirement; (ii) a lice nse agreement in which the customer electronically accepts the terms by clicking "I agree" does not comply with this requirement; (B) it restricts the customer's duplication and use of the softwar e; (C) it prohibits th e customer from licensing, sublicensing, or transferri ng the software to a third party (except to a related p arty) without the permission and continued control of the licensor; (D) the licensor has a policy of providing anot her copy at minimal or no charge if the customer loses or damages the software, or of permitting the l icensee to make and keep an archival copy, and such policy is e ither stated in the license agreement, supported b y the licensor's books and records, or supported by a n otarized statement made under penalties of perjury by the licensor; and (E) the customer must destroy or return all copies of th e software to the licensor at the end of the license peri od; this provision is deemed to be met, in the case of a perpetual license, without bein g set forth in the license agreement; and (2) property that is subject to a tax on lease receipts imposed by a home rule unit of local gove rnment if the ordinance imposing that tax was adopted prior to January 1, 2023. (Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70, Secti on 70-5, eff. 4-19-22; 102-700, Article 75, Section 75-5, eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5, Section 5-5, eff. 6-7-23; 103-9, Article 15, Section 15-5, eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24; 103-592, ef f. 1-1-25; 103-605, eff. 7-1-24; 103-643, eff. 7-1-24; 103-746, eff. 1-1-25; 103-781, eff. 8-5-24; revised 11-26-24.) (35 ILCS 105/3-10) from Ch. 120, par. 439.33-10 Sec. 3-10. Rate of tax. Unless otherwi se provided in this Section, the tax imposed by this Act is at the rate of 6.25% of either the selling price or the fair mark et value, if any, of the tangible personal property, which, on and after January 1, 2025, includes leases of tangible personal property. In all cases where property functionally used or consumed is the same as the property that was purchased a t retail, then the tax is imposed on the selling price of the property. In all cases where property functionally used or consu med is a by-product or waste product that has been r efined, manufactured, or produced from property purchased at r etail, then the tax is imposed on the lower of the fair m arket value, if any, of the specific property so used in this State or on the selling price of the property purchased at r etail. For purposes of this Section "fair market value" mean s the price at which property would change hands between a will ing buyer and a willing seller, neither being under any compul sion to buy or sell and both having reasonable knowledge of the relevant facts. The fair market valu e shall be established by Illinois sales by the taxpayer of the same property as that functionally used or consumed, o r if there are no such sales by the taxpayer, then comparable sales o r purchases of property of like kind and character in Illinois.

Beginning on July 1, 2000 and through December 31, 2000, with respect to motor fuel, as defined in Section 1.1 of the Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of the Use Tax Act, the tax is imposed at the rate of 1.25%. Beginning on August 6, 2010 through August 15 , 2010, and beginning again on August 5, 2022 through August 14, 2022, with respect to sales tax holiday items as defin ed in Section 3-6 of this Act, the tax is imposed at the rate of 1.25%. With respect to gasohol , the tax imposed by this Act applies to (i) 70% of the proce eds of sales made on or after January 1, 1990, and before July 1, 2003, (ii) 80% of the proceeds of sales made on or after July 1, 2003 and on or before July 1, 2017, (iii) 100% of the proceeds of sales made after July 1, 2017 and prior to Januar y 1, 2024, (iv) 90% of the proceeds of sales made on or after Ja nuary 1, 2024 and on or before December 31, 2028, and (v) 100% of the proceed s of sales made after December 31, 2028. If, at any time, howeve r, the tax under this Act on sales of gasohol is imposed at the rate of 1.25%, then the tax imposed by this Act applies to 100% of the proceeds of sales of gasohol made during that time. With respect to mid-range ethanol blends, the tax imposed by this Act applies to (i) 80% of the proceeds of sales made on or after January 1, 2024 and on or before Decembe r 31, 2028 and (ii) 100% of the proceeds of sales made thereafter. If, at any time, however, the tax under this Act on sales of mid-range ethanol blends is imposed at the rate of 1.2 5%, then the tax imposed by this Act applies to 100% of the proceeds of sales of mid-range ethanol blends mad e during that time. With respect to majority blended ethanol fuel, th e tax imposed by this Act does not apply to the proceeds of sale s made on or after July 1, 2003 and on or before December 31, 2028 but applies to 100% of the proceeds of sales made there after. With respect to biodiesel blends with no less than 1% and no more than 10% biodiesel, the tax im posed by this Act applies to (i) 80% of the proceeds of sales made on or after July 1, 2003 and on or before December 31, 2018 and (ii) 100% of the proceeds of sales made after Decem ber 31, 2018 and before January 1, 2024. On and after January 1, 2024 and on or before December 31, 2030, the taxation of bi odiesel, renewable diesel, and biodiesel blends shall be as prov ided in Section 3-5.1. If, at any time, however, the tax under this Act on sales of biodiesel blends wit h no less than 1% and no more than 10% biodiesel is impos ed at the rate of 1.25%, then the tax imposed by this Act ap plies to 100% of the proceeds of sales of biodiesel blends w ith no less than 1% and no more than 10% biodiesel made during that time. With respect to biodiesel and bi odiesel blends with more than 10% but no more than 99% biodies el, the tax imposed by this Act does not apply to the proceeds of sales made on or after July 1, 2003 and on or before De cember 31, 2023. On and after January 1, 2024 and on or before D ecember 31, 2030, the taxation of biodiesel, renewable die sel, and biodiesel blends shall be as provided in Section 3-5.1. Until July 1, 2022 and from July 1, 2023 through December 31, 2025, with respect to food for human consumption that is to be consumed off the premises where it i s sold (other than alcoholic beverages, food consisting of or infused with adult use cannabis, soft drinks, and food tha t has been prepared for immediate consumption), the tax is i mposed at the rate of 1%. Beginning on July 1, 2022 an d until July 1, 2023, with respect to food for human consum ption that is to be consumed off the premises where it is sold ( other than alcoholic beverages, food consisting of or i nfused with adult use cannabis, soft drinks, and food that has been prepared for immediate consumption), the tax is imp osed at the rate of 0%. On and after January 1, 2026, food for human consumption that is to be cons umed off the premises where it is sold (other tha n alcoholic beverages, food consisting of or infused with adu lt use cannabis, soft drinks, candy, and food that has been p repared for immediate consumption) is exempt from the tax impo sed by this Act. With respect to prescr iption and nonprescription medicines, drugs, medical appliances , products classified as Class III medical devices by the United States Food and Drug Administration that are used for cancer treatment pursuant to a prescription, as w ell as any accessories and components related to those device s, modifications to a motor vehicle for the purpose of ren dering it usable by a person with a disability, and insulin, blood sugar testing materials, syringes, and needles used by human diabetics, the tax is imposed at the rate of 1%. For the purposes of this Sec tion, until September 1, 2009: the term "soft drinks" means a ny complete, finished, ready-to-use, non-alco holic drink, whether carbonated or not, including, but not limited to, soda water, cola, fruit juice, vegetable juice, carbo nated water, and all other preparations commonly known as soft drinks of whatever kind or description that are contained in any closed or sealed bottle, can, carton, or container, regardless of size; but "so ft drinks" does not include coffee, tea, non-carbonated water, infant formula, milk or milk products as defined i n the Grade A Pasteurized Milk and Milk Products Act, or drinks containing 50% or more natural fruit or vegetable juice. Notwithstanding any other provisio ns of this Act, beginning September 1, 2009, "soft drinks" means n on-alcoholic beverages that contain natural or artificial sweeteners. "Soft drinks" does not include beverage s that contain milk or milk products, soy, rice or similar m ilk substitutes, or greater than 50% of vegetable or fruit j uice by volume. Until August 1, 2009, and n otwithstanding any other provisions of this Act, "food for hu man consumption that is to be consumed off the premises wher e it is sold" includes all food sold through a vending machin e, except soft drinks and food products that are dispensed hot from a vending machine, regardless of the location of the vending machine. Beginning August 1, 2009, and notwithst anding any other provisions of this Act, "food for human consumption t hat is to be consumed off the premises where it is sold" includes all food sold through a vending machine, excep t soft drinks, candy, and food products that are dispensed hot from a vending machine, regardless of the location of the ve nding machine. Notwithstanding any other provisions of this Act, beginning September 1, 2009, "food for human consumption that is to be consumed off the premises where it is sold" does not include candy. For purposes of this Section, "candy" means a preparation of sugar, honey , or other natural or artificial sweeteners in com bination with chocolate, fruits, nuts or other ingredients o r flavorings in the form of bars, drops, or pieces. "Candy" does not include any preparation that contains flour or r equires refrigeration. Notwithstanding any o ther provisions of this Act, beginning September 1, 2009, "no nprescription medicines and drugs" does not include grooming and hygiene products. For purposes of this Section, "grooming and hygiene products" includes, but is not limited to, soaps and cleaning solu tions, shampoo, toothpaste, mouthwash, antiperspirants, and sun tan lotions and s creens, unless those products are available by prescription only , regardless of whether the products meet the definition of "over-the-counter-drugs". For the purposes o f this paragraph, "over-the-counter-drug" mean s a drug for human use that contains a label that identifie s the product as a drug as required by 21 CFR 201.66. The "over-the-counter-dru g" label includes: (A) a "Drug Facts" panel; or (B) a s tatement of the "active ingredient(s)" with a list of those i ngredients contained in the compound, substance or preparation.

Beginning on January 1 , 2014 (the effective date of Public Act 98-12 2), "prescription and nonprescription medicines and dru gs" includes medical cannabis purchased from a registered di spensing organization under the Compassionate Use of Me dical Cannabis Program Act. As used in this Section , "adult use cannabis" means cannabis subject to ta x under the Cannabis Cultivation Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and does not include can nabis subject to tax under the Compassionate Use of Medical Cann abis Program Act. If the property that is purchased at retail from a retailer is acquired outside Il linois and used outside Illinois before being brought to Illinois for us e here and is taxable under this Act, the "selling price" on which the tax is computed shall be reduced by an amount that represents a reasonable a llowance for depreciation for the period of prior out-of-state use. N o depreciation is allowed in cases where the tax under this Act is imposed on lease receipt s.(Source: P.A. 102-4, eff. 4-27-21; 102-700, Article 20, Section 20-5 , eff. 4-19-22; 102-700, Article 60, Section 60-15, eff. 4-19-22; 102-700, Article 65, Section 65-5, eff. 4-19-22; 103-9, eff. 6-7-23; 103-154, eff. 6-30-23; 103-592, eff. 1-1-25; 103-781, eff. 8-5-24; revised 11-26-24.) Section 295. The Service Use Tax Act is amended by changing Sections 3-5, 3-10, and 9 as follows:

(35

ILCS 110/3-5) Sec. 3-5. Exemptions. Use o f the following tangible personal property is exempt from the tax imposed by this Act: (1) Personal property purcha sed from a corporation, society, association, foundation, inst itution, or organization, other than a limited liabilit y company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 y ears of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise. (2) Personal property purchase d by a non-profit Illinois county fair association for use in conducting, operating, or promoting the county fair. (3) Personal property purchased by a not-for-profit arts or cultural organization that e stablishes, by proof required by the Department by rule, that i t has received an exemption under Section 501(c)(3) of the Internal Revenue Code and that is organized and operated primarily for the presentation or support of arts or cultural programming, activities, or services. These organizations inc lude, but are not limited to, music and dramatic arts organiza tions such as symphony orchestras and theatrical groups, arts and cu ltural service organizations, local arts councils, visual arts organizations, and media arts organiz ations. On and after July 1, 2001 (the effective date of P ublic Act 92-35), however, an entity otherwise eligible f or this exemption shall not make tax-free purchases u nless it has an active identification nu mber issued by the Department. (4) Legal tender, currency, medallions, or gold or silver coinage i ssued by the State of Illinois, the government of the United States of America, or the government of any foreign country, and bullion. (5) Until July 1, 2003 and b eginning again on September 1, 2004 through August 30, 201 4, graphic arts machinery and equipment, including repair a nd replacement parts, both new and used, and including that man ufactured on special order or purchased for lease, certifie d by the purchaser to be used primarily for graphic arts produc tion. Equipment includes chemicals or chemicals acting as ca talysts but only if the chemicals or chemicals acting as catalysts effect a direct and immediate change upon a graphic a rts product. Beginning on July 1, 2017, graphic arts m achinery and equipment is included in the manufacturing and assembling machinery and equipment exemption unde r Section 2 of this Act. (6) Personal propert y purchased from a teacher-sponsored student organizati on affiliated with an elementary or secondary school located in Illinois. (7) Farm machinery and equipme nt, both new and used, including that manufactured on speci al order, certified by the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the mac hinery and equipment, including machinery and equipment purchased f or lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery and agricultural chemical and fertilizer spreaders , and nurse wagons required to be registered under Section 3 -809 of the Illinois Vehicle Code, but excluding other motor vehicles required to be registered under the Illinois Ve hicle Code. Horticultural polyhouses or hoop houses used for propagating, growing, or overwintering plants shall be considere d farm machinery and equipment under this item (7). Ag ricultural chemical tender tanks and dry boxes shall include units sold separately from a motor vehicle requ ired to be licensed and units sold mounted on a motor vehicle required to be licensed if the selling price of the tender is s eparately stated. Farm machinery and equipmen t shall include precision farming equipment that is ins talled or purchased to be installed on farm machinery and eq uipment, including, but not limite d to, tractors, harvesters, sprayers, planters, seeder s, or spreaders. Precision farming equipment includes, but is n ot limited to, soil testing sensors, computers, monitors, so ftware, global positioning and mapping systems, and other such equipment. Farm machinery and equipment also includes computers, sensors, software, and related equipm ent used primarily in the computer-as sisted operation of production agriculture facilities, equi pment, and activities such as, but not limited to, the co llection, monitoring, and correlation of animal and crop data for the purpose of formulating animal diets and ag ricultural chemicals. Beginning on January 1, 2024, farm machinery an d equipment also includes electrical power generation equipmen t used primarily for production agriculture. This item (7) is exempt from the provisions of Section 3-75. (8) Until June 30, 2013, fuel and petroleum products sold to or used by an air common carrie r, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the Uni ted States without regard to previous or subsequent domestic sto povers. Beginning July 1, 2013, fuel and p etroleum products sold to or used by an air carrier, certifie d by the carrier to be used for consumption, shipment, or sto rage in the conduct of its business as an air common carr ier, for a flight that (i) is engaged in foreign trade or is engaged in trade between the Unite d States and any of its possessions and (ii) transpor ts at least one individual or package for hire from the city of origination to the city of final destination on the same aircra ft, without regard to a change in the flight number of that ai rcraft. (9) Proceeds of mandatory servic e charges separately stated on customers' bills for the purcha se and consumption of food and beverages acquired as an in cident to the purchase of a service from a serviceman, to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute for tips to the employees who participate dir ectly in preparing, serving, hosting or cleaning up the food or beverage function with respect to which the service char ge is imposed. (10) Until July 1, 2003, oil field exploration, drilling, and production equipment, includi ng (i) rigs and parts of rigs, rotary rigs, cable tool rig s, and workover rigs, (ii) pipe and tubular goods, includin g casing and drill strings, (iii) pumps and pump-jack units, (iv) storage tanks and fl ow lines, (v) any individual replacement part for oil fie ld exploration, drilling, and production equipment, and (vi) machinery and equipment purchased for lease; but excluding motor vehicles required to be registered under the I llinois Vehicle Code. (11) Proceeds from th e sale of photoprocessing machinery and equipment , including repair and replacement parts, both new and us ed, including that manufactured on special order, certified by t he purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purcha sed for lease. (12) Until July 1, 2028, coa l and aggregate exploration, mining, off-highway haul ing, processing, maintenance, and reclamation equipment, including rep lacement parts and equipment, and including equipment purcha sed for lease, but excluding motor vehicles required to be registere d under the Illinois Vehicle Code. The changes made to this Se ction by Public Act 97-767 apply on and after July 1, 2003, but no cla im for credit or refund is allowed on or after August 16, 2013 (the effective date of Public Act 98-456) for such taxes paid during the period beginning July 1, 2 003 and ending on August 16, 2013 (the effective date of P ublic Act 98-456). (13) Semen used f or artificial insemination of livestock for direct agricul tural production. (14) Horses, or interests in horses, registered with and meeting the requiremen ts of any of the Arabian Horse Club Registry of America, Appaloos a Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes. This item (14) is exemp t from the provisions of Section 3-75, and the exemptio n provided for under this item (14) applies for all periods beginning May 30, 1995, but no c laim for credit or refund is allowed on or after January 1, 2008 (the effective date of Public Act 95-88) for such taxes paid during the period beginning May 30, 2000 a nd ending on January 1, 2008 (the effective date of Public Act 95-88). (15) Computers and commun ications equipment utilized for any hospital purpose and e quipment used in the diagnosis, analysis, or treatment of hospital patients purchased by a lessor who leases the e quipment, under a lease of one year or longer executed or in e ffect at the time the lessor would otherwise be subject to the t ax imposed by this Act, to a hospital that has been issued an active tax exemption identification number by the Department under Sec tion 1g of the Retailers' Occupation Tax Act. If the equipment is leased in a manner that does not qualify for this exemption or is used in any other non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs. No lessor shall collect or attempt to collect an amount (h owever designated) that purports to reimburse that lessor fo r the tax imposed by this Act or the Use Tax Act, as the ca se may be, if the tax has not been paid by the lessor. If a lessor improperly collect s any such amount from the lessee, the lessee shall have a legal right to claim a refund of that amount from the lesso r. If, however, that amount is not refunded to the lessee for a ny reason, the lessor is liable to pay that amount to the Dep artment. (16) Personal property purchased b y a lessor who leases the property, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a governmen tal body that has been issued an active tax exemption identif ication number by the Department under Section 1g of the Retai lers' Occupation Tax Act. If the property is lease d in a manner that does not qualify for this exemption or is used in any other non-exempt manner, the lessor shall be lia ble for the tax imposed under this Act or the Use Tax Act, as the case may be, based on the fair market value of the proper ty at the time the non-qualifying use occurs. No lessor s hall collect or attempt to collect an amount (however designated ) that purports to reimburse that lessor for the tax impo sed by this Act or the Use Tax Act, as the case may be, if the t ax has not been paid by the lessor. If a lessor improperly collect s any such amount from the lessee, the lessee shall h ave a legal right to claim a refund of that amount from the l essor. If, however, that amount is not refunded to the lesse e for any reason, the lessor is liable to pay that amount to the Department. (17) Beginning with ta xable years ending on or after December 31, 1995 and ending wit h taxable years ending on or before December 31, 2004, persona l property that is donated for disaster relief to be used in a State or federally declared disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registe red in this State to a corporation, society, associat ion, foundation, or institution that has been issued a sales tax exemption identification number by the Department that a ssists victims of the disaster who reside within the decl ared disaster area. (18) Beginning with ta xable years ending on or after December 31, 1995 and endin g with taxable years ending on or before December 31, 20 04, personal property that is used in the performance of inf rastructure repairs in this State, including, but not limited to, municipal roads and streets, access roads, bridges, sidewa lks, waste disposal systems, water and sewer line extensions, w ater distribution and purification facilities, storm wat er drainage and retention fa cilities, and sewage treatment facilities, resulting from a State or federally declared disaster in Illinois or bordering Illinois when such repairs are initiated on facilities locat ed in the declared disaster area within 6 months aft er the disaster. (19) Beginning July 1, 1999, game or game birds purchased at a "game breeding and hun ting preserve area" as that term is used in the Wildlife Code. This paragraph is exempt from the provisions of Sect ion 3-75. (20) A motor vehicle, as that term is defined in Section 1-146 of the Ill inois Vehicle Code, that is donated to a corporation, limited liability company, society, association, foundation, or instit ution that is determined by the Department to be organized and operated exclusively for educational purposes. For purposes of this exemption, "a corporation, limited liability compa ny, society, association, foundation, or institution o rganized and operated exclusively for educational purposes" means al l tax-supported public schools, private schools that offer systematic instruction in useful branches of learnin g by methods common to public schools and that compare favorably in their scope and intensity with the course of stud y presented in tax-supported schools, and vocational or technical schools or instit utes organized and operated exclusively to provide a course of study of not less than 6 weeks duration and desig ned to prepare individuals to follow a trade or to pursue a man ual, technical, mechanical, industrial, business, or commerci al occupation. (21) Beginning January 1, 2000 , personal property, including food, purchased through fundr aising events for the benefit of a public or private element ary or secondary school, a group of those schools, or one or more school districts if the events are sponsored by an en tity recognized by the school district that consists primarily of volunteers and includes parents and teachers of the schoo l children. This paragraph does not apply to fundraising even ts (i) for the benefit of private home instruction or (ii) for which the fundraising entity purchases the personal property sol d at the events from another individual or entity that s old the property for the purpose of resale by the fundraising entity and that profits from the sale to the fundraising e ntity. This paragraph is exempt from the provisions of Section 3-75. (22) Beginning January 1 , 2000 and through December 31, 2001, new or used automatic ven ding machines that prepare and serve hot food and beverages, including coffee, soup, and other items, and replacemen t parts for these machines. Beginning January 1, 2002 and through Jun e 30, 2003, machines and parts for machines used in commercial, coin-operat ed amusement and vending business if a use or occupation t ax is paid on the gross receipts derived from the use of t he commercial, coin-operated amusement and vending ma chines. This paragraph is exempt from the provisions of Sec tion 3-75. (23) Beginning August 23, 2001 and through June 30, 2016, food for human consump tion that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food tha t has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances, and insu lin, urine testing materials, syringes, and needles used by diab etics, for human use, when purchased for use by a perso n receiving medical assistance under Article V of the Illinois Public Ai d Code who resides in a licensed long-term care fa cility, as defined in the Nursing Home Care Act, or in a licensed facility as defined in the ID/DD Community Care Act, the MC /DD Act, or the Specialized Mental Health Rehabilitatio n Act of 2013. (24) Beginning on August 2, 2 001 (the effective date of Public Act 92-227), compute rs and communications equipment utilized for any hospital pur pose and equipment used in the diagnosis, analysis, or treatment of hospital patients purchased by a lessor who leases the e quipment, under a lease of one year or longer executed or in e ffect at the time the lessor would otherwise be subject to the t ax imposed by this Act, to a hospital that has been issued an active tax exemption identification number by the Department un der Section 1g of the Retailers' Occupation Tax Act. If the eq uipment is leased in a manner that does not qualify for this e xemption or is used in any other nonexempt manner, the lessor shall be liable for the tax imposed under this Act or t he Use Tax Act, as the case may be, based on the fair market va lue of the property at the time the nonqualifying use occurs. No lessor shall collect or attempt to collect an amount (h owever designated) that purports to reimburse that lessor fo r the tax imposed by this Act or the Use Tax Act, as the ca se may be, if the tax has not been paid by the lessor. If a lessor improperly collects any such amount from the les see, the lessee shall have a legal rig ht to claim a refund of that amount from the lessor. If, however, that amount is not refunded to the lessee for any reason , the lessor is liable to pay that amount to the Department. This paragraph is exempt from the provisions of Section 3- 75. (25) Beginning on August 2, 2001 (the eff ective date of Public Act 92-227), personal property p urchased by a lessor who leases the property, under a lease of one year or longer executed or in effect at the time the les sor would otherwise be subject to the tax imposed by this Ac t, to a governmental body that has been issued an active tax exemption identification number by the Department under Sec tion 1g of the Retailers' Occupation Tax Act. If the property i s leased in a manner that does not qualify for this exemption or is used in any other nonexempt manner, the lessor shall be liable for the tax imposed under this Act or the Use Tax Act, as the case may be, based on the fair market value of the property at the time the nonqualifying use occurs. No lessor s hall collect or attempt to collect an amount (however designated ) that purports to reimburse that lessor for the tax impo sed by this Act or the Use Tax Act, as the case may be, if the t ax has not been paid by the lessor. If a lessor improperly coll ects any such amount from the lessee, the lessee shall have a legal rig ht to claim a refund of that amount from the lessor. If, ho wever, that amount is not refunded to the lessee for any reas on, the lessor is liable to pay that amount to the Departmen t. This paragraph is exempt from the provisions of Section 3-75. (26) Beginning January 1, 2008, ta ngible personal property used in the construction or main tenance of a community water supply, as defined under Section 3.145 of the Environ mental Protection Act, that is operated by a not-for-profit corporation that holds a valid water suppl y permit issued under Title IV of the Environmental Protection Act. This paragraph is exempt from the provisions of Section 3-75. (27) Beginning January 1, 2010 and continuing through December 31, 2029, mater ials, parts, equipment, components, and furnishings incorporated into or upon an aircraft as part of the modificat ion, refurbishment, completion, replacement, repair, or maintenance of the aircraft. This exemption includes consu mable supplies used in the modification, refurbishment, comp letion, replacement, repair, and maintenance of aircraf t. However, until January 1, 2024, this exemption excludes an y materials, parts, equipment, components, and consumable s upplies used in the modification, replacement, repair, and maintenance of aircraft engines or power plants, wheth er such engines or power plants are installed or uninstall ed upon any such aircraft. "Consumable supplies" include, but a re not limited to, adhesive, tape, sandpaper, general p urpose lubricants, cleaning solution, latex gloves, and protec tive films. Beginning January 1, 2010 a nd continuing through December 31, 2023, this exemption appl ies only to the use of qualifying tangible personal property transferred incident to the modification, refurbishment , completion, replacement, repair, or maintenance of aircraft by persons who (i) hold an Air Agency Certificate and are empow ered to operate an approved repair station by the Federa l Aviation Administration, (ii) have a Class IV Rating, and (iii) conduct operations in accordance with Part 145 of the Federal Aviation Regulations. From January 1, 2024 t hrough December 31, 2029, this exemption applies only to the use of qualifying tangible personal property transferred in cident to: (A) the modification, refurbishment, completion, repair, replacement, or maintenance of an aircraft by persons w ho (i) hold an Air Agency Certificate and are empowered to oper ate an approved repair station by the Federal Aviation Administ ration, (ii) have a Class IV Rating, and (iii) conduct operatio ns in accordance with Part 145 of the Federal Aviation Regulations; and (B) the modification, replacement, repa ir, and maintenance of aircraft engines or power plants with out regard to whether or not those persons meet the qualifica tions of item (A). The exemption does not includ e aircraft operated by a commercial air carrier providing schedu led passenger air service pursuant to authority issued under P art 121 or Part 129 of the Federal Aviation Regulations. The changes made to this paragraph (27) by Public Act 98-534 are declarative of existing law. It is the intent of the Gener al Assembly that the exemption under this paragraph (27) applies continuously from January 1, 2010 through December 31, 2024; however, no claim f or credit or refund is allowed for taxes paid as a result of the disallowance of this exemption on or after January 1, 2015 and pr ior to February 5, 2020 (the effective date of Public Act 10 1-629). (28) Tangible personal prope rty purchased by a public-facilities corporati on, as described in Section 11-65-10 of the Illino is Municipal Code, for purposes of constructing or furnishing a municipal convention hall, but only if the legal ti tle to the municipal convention hall is transferred to the munici pality without any further consideration by or on behalf of the municipality at the time of the completion of the municipal convention hall or upon the retirement or redemption of any bonds or oth er debt instruments issued by the public-facilities cor poration in connection with the developmen t of the municipal convention hall. This exemption inclu des existing public-facilities corporations as provided in Secti on 11-65-25 of the Illinois Municipal Code. Thi s paragraph is exempt from the provisions of Section 3-75 . (29) Beginning January 1, 2017 and throu gh December 31, 2026, menstrual pads, t ampons, and menstrual cups. (30) Ta ngible personal property transferred to a purchaser who i s exempt from the tax imposed by this Act by operation o f federal law. This paragraph is exempt from the provisio ns of Section 3-75. (31) Qualifie d tangible personal property used in the construction or opera tion of a data center that has been granted a certificate o f exemption by the Department of Commerce and Economic Opportun ity, whether that tangible personal property is purchased by the owner , operator, or tenant of the data center or by a contract or or subcontractor of the owner, operator, or tenant. Data cen ters that would have qualified for a certificate of exemption p rior to January 1, 2020 had Public Act 101-31 been in eff ect, may apply for and obtain an exemption for subsequent purchases of computer equipmen t or enabling software purchased or leased to upgrade, su pplement, or replace computer equipment or enabling software purcha sed or leased in the original investment that would have qu alified. The Department of Commerce and Economic O pportunity shall grant a certificate of exemption under this item (31) to qualified data centers as defined by Section 605-1025 of the Department of Commerce and Econom ic Opportunity Law of the Civil Administrative Code of Ill inois. For the purposes of this item (31): "Data center" means a building or a series of buil dings rehabilitated or constructed to house working ser vers in one physical location or multiple sites with in the State of Illinois. "Qualified tangible personal property" means: elect rical systems and equipment; climate control and chillin g equipment and systems; mechanical systems and equip ment; monitoring and secure systems; emergency genera tors; hardware; computers; servers; data storage devices; network connectivity equipment; racks; cabine ts; telecommunications cabling infrastructure; raised floo r systems; peripheral components or systems; software; mec hanical, electrical, or plumbing systems; battery syste ms; cooling systems and towers; temperature control sy stems; other cabling; and other data center infrastruct ure equipment and systems necessary to operate qualif ied tangible personal property, including fixtures; and component parts of any of the foregoing, includ ing installation, maintenance, repair, refurbishment, and r eplacement of qualified tangible personal property to generate, transform, transmit, distribute, or manag e electricity necessary to operate qualified tangible pers onal property; and all other tangible personal property that is essential to the operations of a computer data c enter. The term "qualified tangible personal property" a lso includes building materials physicall y incorporated into the qualifying data center. To docum ent the exemption allowed under this Section, the retailer must obtain from the purcha ser a copy of the certificate of eligibility issued by the D epartment of Commerce and Economic Opportunity. This item (31) is exempt from the provisions of Secti on 3-75. (32) Beginning July 1, 2022, breast pumps, breast pump collection and storage sup plies, and breast pump kits. This item (32) is exempt from the provisions of Section 3-75. As used in this item (32): "Breast pump " means an electrically controlled or manually controlled pu mp device designed or marketed to be used to express milk from a human breast during lactation, includ ing the pump device and any battery, AC adapter, or other power supply unit that is used to power the pump device and is packaged and sold with the pump device at the time of sale. "Breast pump collection and storage supplies" means items of tangible person al property designed or marketed to be used in conjunction with a breast pump to collect milk expressed from a human breast and to store collected milk until it is ready for c onsumption. "Brea st pump collection and storage supplies" includes, but is not limited to: breast shields and breast shield connectors; breast pump tubes and tubing adapters; breast pu mp valves and membranes; backflow protectors and backflow protector adaptors; bottles and bottle caps specific to t he operation of the breast pump; and breast milk stora ge bags. "Breast pump c ollection and storage supplies" does not include: (1) bottles and bottle caps not specific to the operatio n of the breast pump; (2) breast pump travel bags a nd other similar carrying accessories, including ice packs , labels, and other similar products; (3) breast pump cle aning supplies; (4) nursing bras, bra pads, breast shells, and other similar products; and (5) creams, ointme nts, and other similar products that relieve breastfeeding -related symptoms or conditions of the breasts or nipples, unless sold as part of a breast pump kit that is pre-packaged by the breast pump manufacturer or distributor. "Breast pump kit" means a kit that: (1) contains no more than a breast pump, breast pump collection and s torage supplies, a rechargeable battery for operating th e breast pump, a breastmilk cooler, bottle stands, ice packs, and a breast pump carrying case; and (2) is pre-packaged as a breast pump kit by the breast pum p manufacturer or distributor. (33 ) Tangible personal property sold by or on behalf of the State Treasurer pursuant to the Revised Uniform Unclaime d Property Act. This item (33) is exempt from the provisio ns of Section 3-75. (34) Beginning on January 1, 2024, tangible personal property purchased by an act ive duty member of the armed forces of the United States who presents valid military identification and purchases the property using a form of payment where the federal gover nment is the payor. The member of the armed forces must complet e, at the point of sale, a form prescribed by the Department of Revenue documenting that the transaction is eligible for the exemption under this paragraph. Retailers must keep the form as documentation of the exemption in their records for a period of not less than 6 years. "Armed fo rces of the United States" means the United States Army, Navy, Air Force, Space Force, Marine Corps, or Coast Guard. This pa ragraph is exempt from the provisions of Section 3-75. (35) Beginning July 1, 20 24, home-delivered meals provided to Medicare or Medicaid recipients when payment is made by an intermediary, such as a Medicare Administrative Contractor, a Managed Care Organization, or a Medicare Advantage Organization, pursuant to a government con tract. This paragraph (35) is exempt from the provisions of Se ction 3-75. (36) (35) Beginning on January 1, 2026, as further defined in Section 3-10, food prepared for immediate consumption and transferred incident to a sal e of service subject to this Act or the Service Occupation Tax Act by an entity license d under the Hospital Licensing Act, the Nursing Home Care Act , the Assisted Living and Shared Housing Act, the ID/DD Community Care Act, the MC/DD Act, the Specializ ed Mental Health Rehabilitation Act of 2013, or the C hild Care Act of 1969, or by an entity that holds a permit issued pursuant to the Life Care Facilities Act. This item (36) (35) is exempt from the provis ions of Section 3-75. (37) (36) Beginning on Janua ry 1, 2026, as further defined in Section 3-10, food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, fo od consisting of or infused with adult use cannabis, soft drinks, candy, and food that has been prepare d for immediate consumption). This item (37) (36) is exempt f rom the provisions of Section 3-75. (38) (35) Use by a l essee of the following leased tangible personal property: (1) software transferred subj ect to a license that meets the following re quirements: (A) it is evidenced by a written agreement sign ed by the licensor and the customer; (i) an electronic agreement in which the customer accepts the license by means of an electronic signature that is verifiable and can be authenticated and is attached to or made par t of the license will comply with this requirement; (ii) a lice nse agreement in which the customer electronically accepts the terms by clicking "I agree" does not comply with this requirement; (B) it restricts the customer's duplication and use of the softwar e; (C) it prohibits th e customer from licensing, sublicensing, or transferri ng the software to a third party (except to a related p arty) without the permission and continued control of the licensor; (D) the licensor has a policy of providing anot her copy at minimal or no charge if the customer loses or damages the software, or of permitting the l icensee to make and keep an archival copy, and such policy is e ither stated in the license agreement, supported b y the licensor's books and records, or supported by a n otarized statement made under penalties of perjury by the licensor; and (E) the customer must destroy or return all copies of th e software to the licensor at the end of the license peri od; this provision is deemed to be met, in the case of a perpetual license, without bein g set forth in the license agreement; and (2) property that is subject to a tax on lease receipts imposed by a home rule unit of local government if the ordinance imposing that tax was adopted prior to January 1, 2023. (Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70, Section 7 0-10, eff. 4-19-22; 102-700, Article 75, Section 75-10, eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5, Section 5-10, eff. 6-7-23; 103-9, Article 15, Section 15-10, eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24; 103-592, eff. 1-1-25; 103-605, ef f. 7-1-24; 103-643, eff. 7-1-24; 103-746, eff. 1-1-25; 103-781, eff. 8-5-24; 103-995, eff. 8-9-24; revised 11-26-24.) (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)

Sec. 3-10. Rate of tax. Unless otherwise provided in this Section, the tax imposed by this Act is at the rate of 6.25% of the selling price of tangible personal property transfe rred, including, on and after January 1, 2025, transferre d by lease, as an incident to the sale of service, but, for t he purpose of computing this tax, in no event shall the selling price be less than the cost price of the property to the serviceman.

Beginning on July 1, 2000 and through December 31, 200 0, with respect to motor fuel, as defined in Section 1.1 of the Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of the Use Tax Act, the tax is imposed at the rate of 1.25% . With respect to gasohol, as defined in the Use Tax Act, the tax imposed by this Act applies to (i) 70% of the selling price of property transferred as an incident to the sale of service on or after January 1, 1990, and before J uly 1, 2003, (ii) 80% of the selling price of property transfer red as an incident to the sale of service on or after July 1, 2003 and on or before July 1, 2017, (iii) 100% of the selling pr ice of property transferred as an incident to the sale of servic e after July 1, 2017 and before January 1, 2024, (iv) 90% of the selling price of property transferred as an incident to the sa le of service on or after January 1, 2024 and on or before Decem ber 31, 2028, and (v) 100% of the selling price of prope rty transferred as an incident to the sale of service after December 3 1, 2028. If, at any time, however, the tax under this Act on s ales of gasohol, as defined in the Use Tax Act, is imposed at the rat e of 1.25%, then the tax imposed by this Act applies to 100% of the proceeds of sales of gasohol made during that time. With respect to mid-range etha nol blends, as defined in Section 3-44.3 of the Us e Tax Act, the tax imposed by this Act applies to (i) 80% of the selling price of property transferred as an incident to the sale of s ervice on or after January 1, 2024 and on or before December 31, 2028 and (ii) 100% of the selling price of property tran sferred as an incident to the sale of service after December 31, 2028. If, at any time, however, the tax under this A ct on sales of mid-range ethanol blends is imposed a t the rate of 1.25%, then the tax imposed by this Act applies t o 100% of the selling price of mid-range ethanol blends t ransferred as an incident to the sale of service during that t ime. With respect to majority blended eth anol fuel, as defined in the U se Tax Act, the tax imposed by this Act does not apply t o the selling price of property transferred as an incident to the sale of service on or after July 1, 2003 and on or before December 31, 2028 but applies to 100% of the selling price t hereafter. With respect to biodiesel blends, as defined in the Use Tax Act, with no less than 1% and no mor e than 10% biodiesel, the tax imposed by this Act applies t o (i) 80% of the selling price of property transferred a s an incident to the sale of service on or after July 1, 2003 and on or before December 31, 2018 and (ii) 100% of the proceeds of the selling price after December 31, 2018 and before Janu ary 1, 2024. On and after January 1, 2024 and on or before Dec ember 31, 2030, the taxation of biodiesel, renewable diesel, a nd biodiesel blends shall be as provided in Section 3-5. 1 of the Use Tax Act. If, at any time, however, the tax under t his Act on sales of biodiesel blends, as defined in the Use Tax Act, wit h no less than 1% and no more than 10% biodiesel is impose d at the rate of 1.25%, then the tax imposed by this Act applie s to 100% of the proceeds of sales of biodiesel blends with no less than 1% and no more than 10% biodiesel made during that time. With respect to biodiesel, as defined in the Use Tax Act, and biodiesel blends, as defined in the U se Tax Act, with more than 10% but no more than 99% biodiesel, the tax imposed by this Act does not apply to the proceeds of the selling price of property transferred as an incident to th e sale of service on or after July 1, 2003 and on or before December 31, 2023. On and after January 1, 2024 and on or before December 31, 2030 , the taxation of biodiesel, renewable diesel, and biodiese l blends shall be as provided in Section 3-5.1 of the U se Tax Act. At the election of any regis tered serviceman made for each fiscal year, sales of s ervice in which the aggregate annual cost price of tangi ble personal property transferred as an incident to the sal es of service is less than 35%, or 75% in the case of serv icemen transferring prescription drugs or servicemen engaged in graphic arts production, of the aggregate annual total gross receipts from all sales of service, the tax imposed by this Act shall be based on the serviceman's cost price of the tangible persona l property transferred as an incident to the sale of those servi ces. Until July 1, 2022 and from July 1, 2023 through December 31, 2025, the tax shall be imposed at the rate of 1% on food prepared for immediate consumption and tra nsferred incident to a sale of service subject to this Act or the Service Occupation Tax Act by an entity licensed under the Hospital Licensing Act, the Nursing Home Care Act, the Assist ed Living and Shared Housing Act, the ID/DD Community Care Act, the MC/DD Act, the Specialized Mental Health Rehabilitation Act of 2013, or the Child Care Act of 1969, or an entity that holds a permit issued pursuant to the Life Care Facilities Act. Un til July 1, 2022 and from July 1, 2023 through December 31, 2025, the tax shall also be imposed at the rate of 1 % on food for human consumption that is to be co nsumed off the premises where it is sold (other than alcoh olic beverages, food consisting of or infused with adult use cannabis, soft drinks, and food that has been prepared for immediate consumption and is not otherwise included in thi s paragraph). Beginning on July 1, 2022 a nd until July 1, 2023, the tax shall be imposed at the rate of 0% on food prepared for immediate consumption and tra nsferred incident to a sale of service subject to this Act or the Service Occupation Tax Act by an entity licensed under the Hospital Licensing Act, the Nursing Home Care Act, the Assisted Living and Shared Housing Act, the ID/DD Community Care Act, the MC/DD Act, the Specialized Mental Health Rehabilitation Act of 2013, or the Child Care Act of 1969, or an enti ty that holds a permit issued pursuant to the Life Care Facili ties Act. Beginning on July 1, 2022 and until July 1, 2023, the tax shall also be imposed at the rate of 0% on food for hum an consumption that is to be co nsumed off the premises where it is sold (other than alcoholic beverages, food consisting of or infused with adult use cannabis, soft drinks, and food that has been prepared for immediate consumption and is not otherw ise included in this paragraph). On and an after January 1, 2026, food prepared for immediate consumption and tra nsferred incident to a sale of service subject to this Act or the Service Occupation Tax Act by an entity licensed under the Hospital Licensing Act, the Nursing Home Care Act, the Assi sted Living and Shared Housing Act, the ID/DD Community Care Ac t, the MC/DD Act, the Specialized Mental Health Rehabilita tion Act of 2013, or the Child Care Act of 1969, or by an entity that holds a permit issued pursuant to the Life Care Facilities Act is exempt from the tax under this Act. On and after January 1, 2026, food for human consumption tha t is to be consumed off the premises where it is sold (oth er than alcoholic beverages, food consisting of or infused with adult use cannabis, soft drinks, candy, and food that has been prepared for immediate consumption and is not otherwi se included in this paragraph) is exempt from the tax under t his Act. The tax shall be imposed at the rate of 1% on prescription and nonprescription medicines, drugs, medical appliances, products classified as Class III medical devices by the United States Food and Drug Administration that are used for cancer treatment pursuant t o a prescription, as well as any accessories and components r elated to those devices, modifications to a motor vehicle for the purpose of rendering it usable by a person with a disability, and insulin, b lood sugar testing materials, syringes, and needles used by hu man diabetics. For the purposes of this Section, until Septemb er 1, 2009: the term "soft drinks" means any complete, finishe d, ready-to-use, non-alcoholic drink, whether carbonated or not, including, but not limited to, so da water, cola, fruit juice, vegetable juice, carbonated water, a nd all other preparations commonly known as soft drinks o f whatever kind or description that are contained in any clos ed or sealed bottle, can, carton, or container, regardless of size; but "so ft drinks" does not include coffee, tea, non-carbonated water, infant formula, milk or milk products as defined i n the Grade A Pasteurized Milk and Milk Products Act, or drinks containing 50% or more natural fruit or vegetable juice. Notwithstanding any other provisio ns of this Act, beginning September 1, 2009, "soft drinks" means n on-alcoholic beverages that contain natural or artificial sweeteners. "Soft drinks" does not include beverage s that contain milk or milk products, soy, rice or similar m ilk substitutes, or greater than 50% of vegetable or fruit j uice by volume. Until August 1, 2009, and n otwithstanding any other provisions of this Act, "food for hu man consumption that is to be consumed off the premises wher e it is sold" includes all food sold through a vending machin e, except soft drinks and food products that are dispensed hot from a vending machine, regardless of the location of the vending machine. Beginning August 1, 2009, and notwithst anding any other provisions of this Act, "food for human consumption t hat is to be consumed off the premises where it is sold" includes all food sold through a vending machine, excep t soft drinks, candy, and food products that are dispensed hot from a vending machine, regardless of the location of the ve nding machine. Notwithstanding any other provisions of this Act, beginning September 1, 2009, "food for human consumption that is to be consumed off the premises where it is sold" does not include candy. For purposes of this Section, "candy" means a preparation of sugar, honey , or other natural or artificial sweeteners in com bination with chocolate, fruits, nuts or other ingredients o r flavorings in the form of bars, drops, or pieces. "Candy" does not include any preparation that contains flour or r equires refrigeration. Notwithstanding any o ther provisions of this Act, beginning September 1, 2009, "no nprescription medicines and drugs" does not include grooming and hygiene products. For purposes of this Section, "grooming and hygiene products" includes, but is not limited to, soaps and cleaning solu tions, shampoo, toothpaste, mouthwash, antiperspirants, and sun tan lotions and s creens, unless those products are available by prescription only , regardless of whether the products meet the definition of "over-the-counter-drugs". For the purposes o f this paragraph, "over-the-counter-drug" mean s a drug for human use that contains a label that identifie s the product as a drug as required by 21 CFR 201.66. The "over-the-counter-dru g" label includes: (A) a "Drug Facts" panel; or (B) a s tatement of the "active ingredient(s)" with a list of those i ngredients contained in the compound, substance or preparation.

Beginning on January 1 , 2014 (the effective date of Public Act 98-12 2), "prescription and nonprescription medicines and dru gs" includes medical cannabis purchased from a registered di spensing organization under the Compassionate Use of Me dical Cannabis Program Act. As used in this Section , "adult use cannabis" means cannabis subject to tax u nder the Cannabis Cultivation Privilege Tax Law and the Can nabis Purchaser Excise Tax Law and does not include cannabis subject to tax under the Compassionate Use of Medical Cann abis Program Act. If the property that i s acquired from a serviceman is acquired outside Il linois and used outside Illinois before being brought to Illinois for us e here and is taxable under this Act, the "selling price" on which the tax is computed shall be reduced by an amount that represents a reasonable allowance for depreciation for the period of prior out-of-state use. No depreciation is all owed in cases where the tax under this Act is imposed on lease receipts.(Source: P .A. 102-4, eff. 4-27-21; 102-16, eff. 6-17-21; 102-700, Art icle 20, Section 20-10, eff. 4-19-22; 102-700, Article 60, Section 60-20, ef f. 4-19-22; 103-9, eff. 6-7-23; 103-154 , eff. 6-30-23; 103-592, eff. 1-1-25; 103-781, eff. 8-5-24; revised 11-26-24.) (35 ILCS 110/9) Sec. 9. Each serviceman required or autho rized to collect the tax herein imposed shall pay to the Departm ent the amount of such tax (except as otherwise provided) at t he time when he is required to file his return for the p eriod during which such tax was collected, less a discount of 2.1% prior to January 1, 1990 and 1.75% on and after January 1, 1990, or $5 per calendar year, whichever is greater, which is allowe d to reimburse the serviceman for expenses incurred in col lecting the tax, keeping records, preparing and filing retur ns, remitting the tax, and supplying d ata to the Department on request. Beginning with returns due on or after January 1, 2025, the vendor's discount allow ed in this Section, the Retailers' Occupation Tax Act, the Ser vice Occupation Tax Act, and the Use Tax Act, including any lo cal tax administered by the Department and reported on the same return, shall not exceed $1 ,000 per month in the aggregate. When determining the discount allowed u nder this Section, servicemen shall include the amount of t ax that would have been due at the 1% rate but for the 0% rate imposed under Public Act 102-700 this amendatory Act of the 102nd General Assem bly. The discount under this Section is not allowe d for the 1.25% portion of taxes paid on aviation fuel tha t is subject to the revenue use requirements of 49 U.S.C. 4710 7(b) and 49 U.S.C. 47133. The discount allowed under this Sect ion is allowed only for returns that are filed in the manne r required by this Act. The Department may disallow the disc ount for servicemen whose certificate of registration is revoke d at the time the return is filed, but only if the Department' s decision to revoke the certificate of registration has beco me final. A serviceman need not remit that part of any tax collected by him to the extent that he is required to pay and does pay the ta x imposed by the Service Occupation Tax Act with respect t o his sale of service involving the incidental transfer by hi m of the same property. Except as provided hereinafter in this Section, on or before the twentieth day of each calendar month, such serviceman shall file a return for the preceding calendar month in accordance with reasonab le Rules and Regulations to be promulgated by the Depa rtment. Such return shall be filed on a form prescribed by the Department and shall contain such information as the Department may reasonably require. The return shall include the gross receipts which were received during the preceding calendar month or quarter on the following items upon which tax would have been due but for the 0% rate imposed under Public Act 102-700 this am endatory Act of the 102nd General Assembly: (i) food for human consumption that is to be consumed off the pr emises where it is sold (other than alcoholic beverages, food consisting of or infused with adult use cannabis, soft drin ks, and food that has been prepared for immediate consumpt ion); and (ii) food prepared for immediate consumption and tra nsferred incident to a sale of service subject to this Act or the Service Occupation Tax Act by an entity licensed under the Hospital Licensing Act, the Nursing Home Care Act, the Assi sted Living and Shared Housing Act, the ID/DD Community Care Ac t, the MC/DD Act, the Specialized Mental Health Rehabilita tion Act of 2013, or the Child Care Act of 1969, or an entity that holds a permit issued pursuant to the Life Care Facilities Act. The return shall also include the amount of tax that would have been due on t he items listed in the previous sentence but for the 0% rate imposed under Public Act 102-700 this amendatory Act of the 102nd General Assembly. In the case of leases, except as otherwise provided in this Act, the lessor, in collecting the tax, may collect for each tax return peri od, only the tax applicable to tha t part of the selling price actually received during such tax return period. On and after January 1, 2 018, with respect to servicemen whose annual gross receipts ave rage $20,000 or more, all returns required to be f iled pursuant to this Act shall be filed electronica lly. Servicemen who demonstrate that they do not have access to the Internet or demonstrate hardship in filing electronic ally may petition the Department to waive the electronic filing requirement. The Department may require ret urns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or bef ore the twentieth day of the followi ng calendar month, stating: 1. The name of the seller; 2. The address of the principal pl ace of business from which he engages in business as a s erviceman in this State; 3 . The total amount of taxable rece ipts received by him during the preceding calendar month, inc luding receipts from charge and time sales, but less all deductions allowed by la w; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; 5-5. The signature of the taxpayer; and 6. Such other reasonable information as th e Department may require. Each servicema n required or authorized to collect the tax imposed by this A ct on aviation fuel transferred as an incident of a sale of ser vice in this State during the preceding calendar month shall, instead of reporting and paying tax on aviation fuel as otherw ise required by this Section, report and pay such tax on a sep arate aviation fuel tax return. The requirements related to the return shall be as otherwise provided in this Section. No twithstanding any other provisions of this Act to the contrar y, servicemen collecting tax on aviati on fuel shall file all aviation fuel tax returns and shall make all aviation fuel tax payments by electronic means in th e manner and form required by the Department. For purposes of th is Section, "aviation fuel" means jet fuel and aviation gasoli ne. If a taxpayer fails to sign a re turn within 30 days after the proper notice and demand for sign ature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deeme d assessed.

Notwithstanding any other provision of this Act to the co ntrary, servicemen subject to tax on cannabis shall file all cannabis tax returns and shall make all cannabis tax pa yments by electronic means in the manner and form required by the Department. Beginning October 1, 1993 , a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rul es of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly ta x liability of $100,000 or more shall make all payments requir ed by rules of the Department by electronic funds transfer. Begi nning October 1, 1995, a taxpayer who has an average m onthly tax liability of $50,000 or more shall make all payment s required by rules of the Department by electronic funds transfer. Beginning October 1, 2000, a taxpayer who has an annu al tax liability of $200,000 or more shall make all payme nts required by rules of the Department by electronic funds tra nsfer. The term "annual tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar yea r. The term "average monthly tax liability" means the sum of t he taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Depa rtment, for the immediately preceding calendar year divided by 12. Begin ning on October 1, 2002, a taxpayer who has a tax li ability in the amount set forth in subsection (b) of Se ction 2505-210 of the Department of Revenue Law shall ma ke all payments required by rules of the Department by electron ic funds transfer. Before August 1 of each year beginning i n 1993, the Department shall notify all taxpayers require d to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer s hall make those payments for a minimum of one year beginnin g on October 1. Any taxpayer not require d to make payments by electronic funds transfer may mak e payments by electronic funds transfer with the permission of the Depa rtment. All taxpayers required to make p ayment by electronic funds transfer and any taxpayers auth orized to voluntarily make payments by electroni c funds transfer shall make those payments in the manner a uthorized by the Department. The Department shall adopt such rules as are necessary to effectuate a pr ogram of electronic funds transfer and the requirements of th is Section. If the serviceman is otherwise required to file a monthly return and if the serviceman's average monthly tax l iability to the Department does not exceed $200, the Department may authorize hi s returns to be filed on a quarter annual basis, with the return for January, Febru ary, and March of a given year being due by April 20 of such year; with the return for April, May, and June of a given year being due by July 20 of such year; with the return for July, August, and September of a given year being due by October 20 of such year, and w ith the return for October, November, and December of a given year being due by January 20 of the fo llowing year. If the serviceman is otherwise r equired to file a monthly or quarterly re turn and if the serviceman's average monthly tax liabil ity to the Department does not exceed $50, the Departmen t may authorize his returns to be f iled on an annual basis, with the return for a given year b eing due by January 20 of the following year. Such quarter annual and annual returns, as to form and s ubstance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a serviceman may file his return, in the case of any s erviceman who ceases to engage in a kind of bus iness which makes him responsible for filing returns und er this Act, such serviceman shall file a final return unde r this Act with the Department not more than one 1 month after discontinuing such business. Where a serviceman collects t he tax with respect to the selling price of property which he sells and the purchaser thereafter returns such property and the serviceman refunds the selling price thereof to the purchaser, such serviceman shall also refund, to the pur chaser, the tax so collected from the purchaser. When filing his return f or the period in which he refunds such tax to the purchaser, t he serviceman may deduct the amount of the tax so refunded by hi m to the purchaser from any other Service Use Tax, Serv ice Occupation Tax, retailers' occupation tax, or use tax which such serviceman may be required to pay or remit to the Department, as shown by such return , provided that the amount of the tax to be deducted shall p reviously have been remitted to the Department by su ch serviceman. If the serviceman shall not previously hav e remitted the amount of such tax to the Department, he shall b e entitled to no deduction hereunder upon refunding such tax to the purchaser. Any serviceman filing a return hereu nder shall also include the total tax upon the selling pric e of tangible personal property purchased for use by him as an incident to a sale of service, and such serviceman shall re mit the amount of such tax to the Department when filing suc h return. If experience indicates such act ion to be practicable, the Department ma y prescribe and furnish a combination or joint return which will enable servicemen, who are required to file returns h ereunder and also under the Service Occupation Tax Act, to f urnish all the return information required by both Acts on the one form. Where the serviceman has more than one business r egistered with the Department under separate registration h ereunder, such serviceman shall not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business. Beginning January 1, 1990, each mo nth the Department shall pay into the State and Local Tax R eform Fund, a special fund in the State treasury Treasury, the net revenue rea lized for the preceding month from the 1% tax imposed under thi s Act. Beginning January 1, 1990, each month the Department shall pay into the State and Local Sales Ta x Reform Fund 20% of the net revenue realized for the preced ing month from the 6.25% general rate on transfers of tangible personal property, other than (i) tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government and (ii) aviation fuel sold on or after December 1, 2019. This exception for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State. For aviation fuel sold on or after December 1, 2019, each month the Department shall pay int o the State Aviation Program Fund 20% of the net revenue reali zed for the preceding month from the 6.25% general rate on the selling price of aviation fuel, less an amount estimated by the Department to be required for refunds of the 20% portio n of the tax on aviation fuel under this Act, which amount sh all be deposited into the Aviation Fuel Sales Tax Refund F und. The Department shall only pay moneys into the State A viation Program Fund and the Aviation Fuel Sales Tax Refund Fun d under this Act for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State. Beginning August 1, 2000, each month the D epartment shall pay into the State and Local Sales Tax Reform Fund 100% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gas ohol. Beginning October 1, 2009, each month t he Department shall pay into the Capital Projects Fund an amoun t that is equal to an amount estimated by t he Department to represent 80% of the net revenue realiz ed for the preceding month from the sale of candy, grooming a nd hygiene products, and soft drinks that had been taxe d at a rate of 1% prior to September 1, 2009 but that are now taxed at 6.25%. Beginning July 1, 2013, eac h month the Department shall pay into the Underground Storage T ank Fund from the proceeds collected under this Act, the Use Ta x Act, the Service Occupation Tax Act, and the Retailers' Occup ation Tax Act an amount equal to the average monthly defi cit in the Underground Storage Tank Fund during the prior year , as certified annually by the Illinois Environmental Protectio n Agency, but the total payment into the Underground Storage T ank Fund under this Act, the Use Tax Act, the Service Occupatio n Tax Act, and the Retailers' Occupation Tax Act shall not ex ceed $18,000,000 in any State fiscal year. As used i n this paragraph, the "average monthly deficit" shall b e equal to the difference between the average monthly claims for payment by the fund and the average monthly revenues deposite d into the fund, excluding payments made pursuant to this parag raph. Beginning July 1, 2015, of the remainder of the moneys received by the Department under the Use Tax Act, this Act, the Service Occupation Tax Ac t, and the Retailers' Occupation Tax Act, each month the Depart ment shall deposit $500,000 into the State Crime Laboratory Fund. Of the remainder of the moneys receiv ed by the Department pursuant to this Act, (a) 1.75% thereof sh all be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof sha ll be paid into the Build Illinois Fund; provided, however, tha t if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Departm ent and required to be paid into the Build Illinois Fund pursua nt to Section 3 of the Retailers' Occupation Tax Act, Se ction 9 of the Use Tax Act, Section 9 of the Service Use Tax A ct, and Section 9 of the Service Occupation Tax Act, such Act s being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amou nt (as defined in Section 3 of the Retailers' Occupation Tax Act), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and further provided, that if on the last business day of any month the sum of (1) t he Tax Act Amount required to be deposited into the Build Ill inois Bond Account in the Build Illinois Fund during suc h month and (2) the amount transferred during such month to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Speci fied Amount, an amount equal to the difference shall be im mediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and , further provided, that in no event shall the payments requir ed under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fis cal year; and, further provided, that the amounts payable into the Build Illinois Fund under this clause (b) shall be pa yable only until such time as the aggregate amount on deposi t under each trust indenture securing Bonds issued and ou tstanding pursuant to the Build Illinois Bond Act is suffi cient, taking into account any future investment income, to fu lly provide, in accordance with such indenture, for the defeasa nce of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and o n any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget (now Governor's Office of Management and Budget). If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of the moneys deposited i n the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Acc ount to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to t he Tax Acts to the Build Illinois Fund; provided, however, tha t any amounts paid to the Build Illinois Fund in any f iscal year pursuant to this sentence shall be deemed to const itute payments pursuant to clause (b) of the preceding sentenc e and shall reduce the amount otherwise payable for such fisca l year pursuant to clau se (b) of the preceding sentence. The moneys received by th e Department pursuant to this Act and required to be deposi ted into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinoi s Bond Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding para graph or in any amendment thereto hereafter enacted, the follo wing specified monthly installment of the amount requested in t he certificate of the Chairman of the Metropolitan Pier and Exp osition Authority provided under Section 8.25f of the Stat e Finance Act, but not in excess of the sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years.

each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick P lace Expansion Project Fund by the State Treasurer in the resp ective month under subsection (g) of Section 13 of the Metropol itan Pier and Exposition Authority Act, plus cumulativ e deficiencies in the deposits required under th is Section for previous months and years, shall be depos ited into the McCormick Place Expansion Project Fund, until th e full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been d eposited. Subject to payment of amounts into the Capital Projects Fund, the Clean Air Act Permit Fund, the Build Illinois Fund, and the McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or in any amend ments thereto hereafter enacted, for aviation fuel sold on or after December 1, 2019, the Department shall each mont h deposit into the Aviation Fuel Sales Tax Refund Fu nd an amount estimated by the Department to be required for refunds of the 80% portion of the tax on aviation fuel under this Act. The Department shall only de posit moneys into the Aviation Fuel Sales Tax Refund Fund under this paragraph for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State. Subject to payment of amounts int o the Build Illinois Fund and the McCormick Place Expansion Proj ect Fund pursuant to the preceding paragraphs or in any amendme nts thereto hereafter enacted, beginning July 1, 1993 a nd ending on September 30, 2013, the Department shall each month pay into the Illinois Tax Increment Fund 0.27% of 80 % of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal pr operty. Subject to payment of amounts into th e Build Illinois Fund, the McCormick Place Expansion Project Fund, the Illinois Tax Increment Fund, pursuant to the preceding p aragraphs or in any amendments to this Section hereafter enacted , beginning on the first day of the first calendar mo nth to occur on or after August 26, 2014 (the effective date of Public Act 98-1098), each month, from the colle ctions made under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupati on Tax Act, and Section 3 of the Retailers' Occupation Tax Act, the Department shall pay into the Tax Compliance and A dministration Fund, to be used, subject to appropriation, to fu nd additional auditors and compliance personnel at the Departme nt of Revenue, an amount equal to 1/12 of 5% of 80% of the cas h receipts collected during the pre ceding fiscal year by the Audit Bureau of the Departmen t under the Use Tax Act, the Service Use Tax Act, the Service O ccupation Tax Act, the Retailers' Occupation Tax Act, and asso ciated local occupation and use taxes administered by the Depart ment. Subject to payments of amounts in to the Build Illinois Fund, the McCormick Place Expansion Pr oject Fund, the Illinois Tax Increment Fund, and the Tax Compliance and Administ ration Fund as provided in this Section, beginning on July 1, 2018 the Department shall pay each month into the Downsta te Public Transportation Fund the moneys required to be so paid under Section 2-3 of the Downstate Public Tran sportation Act. Subject to successful executi on and delivery of a public-private agreement between the public agency and private entity and completion of the civic b uild, beginning on July 1, 2023, of the remainder of the moneys received by the Department under the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and this Act, the Department shall deposit the following specified deposits in the aggregate from collections under the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Re tailers' Occupation Tax Act, as required under Secti on 8.25g of the State Finance Act for distribution consist ent with the Public-Private Partnership for Civic and Transit Infrastructure Project Act. The moneys received by the Departm ent pursuant to this Act and required to be deposited into t he Civic and Transit Infrastructure Fund are subject to the ple dge, claim, and charge set forth in Section 25-55 of the Public -Private Partnership for Civic and Transit Infrastructure Project Act. As used in this paragraph, "civic build", "private entity", "public-private agre ement", and "public agency" have the meanings provided in Secti on 25-10 of the Public-Private Partnership for Civi c and Transit Infrastructure Project Act. Fiscal Year............................Total Deposit 2024....................................$200,000,000 2025....................................$206,000,000 2026....................................$212,200,000 2027....................................$218,500,000 2028....................................$225,100,000 2029....................................$288,700,000 2030....................................$298,900,000 2031....................................$309,300,000 2032....................................$320,100,000 2033....................................$331,200,000 2034....................................$341,200,000 2035....................................$351,400,000 2036....................................$361,900,000 2037....................................$372,800,000 2038....................................$384,000,000 2039....................................$395,500,000 2040.......................................$407,400,0 00 2041............................................$419, 600,000 2042 .................................................$432,200,000 2043....................................$445,100,000 Beginning July 1, 2021 and u ntil July 1, 2022, subject to the payment of amounts into t he State and Local Sales Tax Reform Fund, the Build Illinois F und, the McCormick Place Expansion Project Fund, the Energy Infrastructure Fund, and the Tax Compliance and Administratio n Fund as provided in this Section, the Department shall pay each month into the Road Fund the amount estimated to represe nt 16% of the net revenue realized from the taxes imposed o n motor fuel and gasohol. Beginning July 1, 2022 and un til July 1, 2023, subject to the payment of amounts into th e State and Local Sales Tax Reform Fund, the Build Illinois Fu nd, the McCormick Place Expansion Project Fund, the Illinoi s Tax Increment Fund, and the Tax Compliance and Administratio n Fund as provided in this Section, the Department shall pay each month into the Road Fund the amount estimated to represe nt 32% of the net revenue realized from the taxes imposed o n motor fuel and gasohol. Beginning July 1, 2023 and un til July 1, 2024, subject to the payment of amounts into th e State and Local Sales Tax Reform Fund, the Build Illinois Fu nd, the McCormick Place Expansion Project Fund, the Illinoi s Tax Increment Fund, and the Tax Compliance and Administratio n Fund as provided in this Section, the Department shall pay each month into the Road Fund the amount estimated to represe nt 48% of the net revenue realized from the taxes imposed o n motor fuel and gasohol. Beginning July 1, 2024 and un til July 1, 2025, subject to the payment of amounts into th e State and Local Sales Tax Reform Fund, the Build Illinois Fu nd, the McCormick Place Expansion Project Fund, the Illinoi s Tax Increment Fund, and the Tax Compliance and Administrati on Fund as provided in this Section, the Department shall pay each month into the Road Fund the amount estimated to repre sent 64% of the net revenue realized from the taxes impo sed on motor fuel and gasohol. Beginning on July 1, 2 025, subject to the payment of amounts into the State and Loca l Sales Tax Reform Fund, the Build Illinois Fund, the McCorm ick Place Expansion Project Fund, the Illinois Tax Increment Fund, and the Tax Compliance and Administration Fund as provi ded in this Section, the Department shall pay each month into the Road Fund the amount estimated to represent 80% of the net revenue realized from th e taxes imposed on motor fuel and gasohol. As used in this paragraph "motor fuel" has the meaning given to that ter m in Section 1.1 of the Motor Fuel Tax Law, and "gasohol" has the meaning given to that term in Section 3-40 of the Use Tax Act. Of the rema inder of the moneys received by the Department pursuant to this Act, 75% thereof shall be paid into the General Reve nue Fund of the State treasury Treasury and 25% shall be reserved in a special account and used only for the transfer to the Common School Fund as part of the monthly transfer from the General Revenue Fund in accordance with Section 8a of the State Financ e Act. As soon as possible after the first day of each month, upon certification of the Department of Revenu e, the Comptroller shall order transferred and the Treasurer shall trans fer from the General Revenue Fund to the Motor Fuel Ta x Fund an amount equal to 1.7% of 80% of the net revenue real ized under this Act for the second preceding month. Beg inning April 1, 2000, this transfer is n o longer required and shall not be made. Net revenue realized for a month shal l be the revenue collected by the State pursuant to this Act, less the amount paid out d uring that month as refunds to taxpayers for overpayment of liability.(Source: P.A. 102-700, eff. 4-19-22; 103-363, eff. 7-28-23; 103-592, Article 75, Section 75-10, eff. 1-1-25; 103-592, Article 110 , Section 110-10, eff. 6-7-24; revised 11-26-24.) Section 300. The Service Occupation Tax Act is amended by changing Sections 3-5 and 3-10 as follows: (35 ILCS 115/3-5) Sec. 3-5. Exemptions. The f ollowing tangible personal property is exempt from the tax imposed b y this Act: (1) Personal property sold by a corporation, society, association, foundation, institution, or organization, other than a limited liabilit y company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not p urchased by the enterprise for the purpose of resale by the enterprise.

(2) Personal property purchased by a not-for-profit Illinois county fair association for us e in conducting, operating, or promoting the county fair. (3) Personal property purchased by any not-for-profit arts or cultural organization that e stablishes, by proof required by the Department by rule, that i t has received an exemption under Section 501(c)(3) of the Internal Revenue Code and that is organized and operated primarily for the presentation or support of arts or cultural programming, activities, or services. These organizations inc lude, but are not limited to, music and dramatic arts organiza tions such as symphony orchestras and theatrical groups, arts and cu ltural service organizations, local arts councils, visual arts organizations, and media arts organiz ations. On and after July 1, 2001 (the effective date of P ublic Act 92-35), however, an entity otherwise eligible f or this exemption shall not make tax-free purchases u nless it has an active identification nu mber issued by the Department. (4) Legal tender, currency, medallions, or gold or silver coinage i ssued by the State of Illinois, the government of the United States of America, or the government of any foreign country, and bullion. (5) Until July 1, 2003 and b eginning again on September 1, 2004 through August 30, 201 4, graphic arts machinery and equipment, including repair a nd replacement parts, both new and used, and including that man ufactured on special order or purchased for lease, certifie d by the purchaser to be used primarily for graphic arts produc tion. Equipment includes chemicals or chemicals acting as ca talysts but only if the chemicals or chemicals acting as catalysts effect a direct and immediate change upon a graphic ar ts product. Beginning on July 1, 2017, graphic arts machinery a nd equipment is included in the manufac turing and assembling machinery and equipment exempti on under Section 2 of this Act. (6) Personal property sold by a teacher-sponsored student organizati on affiliated with an elementary or secondary school located in Illinois. (7) Farm machinery and equipme nt, both new and used, including that manufactured on speci al order, certified by the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the mac hinery and equipment, including machinery and equipment purchased f or lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery and agricultural chemical and fertilizer spreaders , and nurse wagons required to be registered under Section 3 -809 of the Illinois Vehicle Code, but excluding other motor vehicles required to be registered under the Illinois Ve hicle Code. Horticultural polyhouses or hoop houses used for propagating, growing, or overwintering plants shall be considere d farm machinery and equipment under this item (7). Ag ricultural chemical tender tanks and dry boxes shall include units sold separately from a motor vehicle requ ired to be licensed and units sold mounted on a motor vehicle required to be licensed if the selling price of the tender is s eparately stated. Farm machinery and equipmen t shall include precision farming equipment that is ins talled or purchased to be installed on farm machinery and eq uipment, including, but not limite d to, tractors, harvesters, sprayers, planters, seeder s, or spreaders. Precision farming equipment includes, but is n ot limited to, soil testing sensors, computers, monitors, so ftware, global positioning and mapping systems, and other such equipment. Farm machinery and equipment also includes computers, sensors, software, and related equipm ent used primarily in the computer-as sisted operation of production agriculture facilities, equi pment, and activities such as, but not limited to, the co llection, monitoring, and correlation of animal and crop data for the purpose of formulating animal diets and ag ricultural chemicals. Beginning on January 1, 2024, farm machinery an d equipment also includes electrical power generation equipmen t used primarily for production agriculture. This item (7) is exempt from the provisions of Section 3-55. (8) Until June 30, 2013, fuel and petroleum products sold to or used by an air common carrie r, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the Uni ted States without regard to previous or subsequent domestic sto povers. Beginning July 1, 2013, fuel and p etroleum products sold to or used by an air carrier, certifie d by the carrier to be used for consumption, shipment, or sto rage in the conduct of its business as an air common carr ier, for a flight that (i) is engaged in foreign trade or is engaged in trade between the Unite d States and any of its possessions and (ii) transpor ts at least one individual or package for hire from the city of origination to the city of final destination on the same a ircraft, without regard to a change in the flight numbe r of that aircraft. (9) Proceeds of mandato ry service charges separately stated on customers' bills f or the purchase and consumption of food and beverages, to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute for tips to the employees who participate dir ectly in preparing, serving, hosting or cleaning up the food or beverage function with respect to which the service char ge is imposed. (10) Until July 1, 2003, oil field exploration, drilling, and production equipment, includi ng (i) rigs and parts of rigs, rotary rigs, cable tool rig s, and workover rigs, (ii) pipe and tubular goods, includin g casing and drill strings, (iii) pumps and pump-jack units, (iv) storage tanks and fl ow lines, (v) any individual replacement part for oil fi eld exploration, drilling, and production equipment, and (v i) machinery and equipment purchased for lease; but excluding m otor vehicles required to be registered under the Illino is Vehicle Code. (11) Photoprocessing machinery and equipment , including repair and replacement parts, both new and us ed, including that manufactured on special order, certified by t he purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purcha sed for lease. (12) Until July 1, 2028, coa l and aggregate exploration, mining, off-highway haul ing, processing, maintenance, and reclamation equipment, including rep lacement parts and equipment, and including equipment purcha sed for lease, but excluding motor vehicles required to be registere d under the Illinois Vehicle Code. The changes made to this Se ction by Public Act 97-767 apply on and after July 1, 2003, but no cla im for credit or refund is allowed on or after August 16, 2013 (the effective date of Public Act 98-456) for s uch taxes paid during the period beginning July 1, 2003 and ending on August 16, 2013 (the effective date of Public A ct 98-456). (13) Beginning January 1, 1992 a nd through June 30, 2016, food for human consumption t hat is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food that has b een prepared for immediate consumption) and prescription and no n-prescription medicines, drugs, medical appliances, and insu lin, urine testing materials, syringes, and needles used by diab etics, for human use, when purchased for use by a perso n receiving medical assistance under Article V of the Illinois Public Ai d Code who resides in a licensed long-term care fac ility, as defined in the Nursing Home Care Act, or in a licensed facility as defined in the ID/DD Community Car e Act, the MC/DD Act, or the Specialized Mental Health Reh abilitation Act of 2013. (14) Semen used f or artificial insemination of livestock for direct agricul tural production. (15) Horses, or interests in horses, registered with and meeting the requiremen ts of any of the Arabian Horse Club Registry of America, Appaloos a Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes. This item (15) is exemp t from the provisions of Section 3-55, and the exemptio n provided for under this item (15) applies for all periods beginning May 30, 1995, but no c laim for credit or refund is allowed on or after January 1, 2008 (the effective date of Public Act 95-88) for such taxes paid during the period beginning May 30, 2000 and ending on January 1, 2008 (the effective date of Public Act 9 5-88). (16) Computers and commun ications equipment utilized for any hospital purpose a nd equipment used in the diagnosis, analysis, or treatment o f hospital patients sold to a lessor who leases the e quipment, under a lease of one year or longer executed or in effect at the time of the purchase, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. (17) Personal property sol d to a lessor who leases the property, under a lease of one year or longer executed or in e ffect at the time of the purchase, to a governmental body tha t has been issued an active tax exemption identification num ber by the Department under Section 1g of the Retailers' Occupat ion Tax Act. (18) Beginning with ta xable years ending on or after December 31, 1995 and ending wit h taxable years ending on or before December 31, 2004, persona l property that is donated for disaster relief to be used in a State or federally declared disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registe red in this State to a corporation, society, associat ion, foundation, or institution that has been issued a sales tax exemption identification number by the Department that a ssists victims of the disaster who reside within the decl ared disaster area. (19) Beginning with ta xable years ending on or after December 31, 1995 and endin g with taxable years ending on or before December 31, 20 04, personal property that is used in the performance of inf rastructure repairs in this State, including, but not limited to, municipal roads and streets, access roads, bridges, sidewa lks, waste disposal systems, water and sewer line extensions, w ater distribution and purification facilities, storm wat er drainage and retention fa cilities, and sewage treatment facilities, resulting from a State or federally declared disaster in Illinois or bordering Illinois when such repairs are initiated on facilities located in the declared disaster area within 6 month s after the disaster. (20) Beginning Ju ly 1, 1999, game or game birds sold at a "game breeding and hun ting preserve area" as that term is used in the Wildlife Code. This paragraph is exempt from the provisions of Sect ion 3-55. (21) A motor vehicle, as that term is defined in Section 1-146 of the Ill inois Vehicle Code, that is donated to a corporation, limited liability company, society, association, foundation, or instit ution that is determined by the Department to be organized and operated exclusively for educational purposes. For purposes of this exemption, "a corporation, limited liability compa ny, society, association, foundation, or institution o rganized and operated exclusively for educational purposes" means al l tax-supported public schools, private schools that offer systematic instruction in useful branches of learnin g by methods common to public schools and that compare favorably in their scope and intensity with the course of stud y presented in tax-supported schools, and vocational or technical schools or instit utes organized and operated exclusively to provide a course of study of not less than 6 weeks duration and desig ned to prepare individuals to follow a trade or to pursue a man ual, technical, mechanical, industrial, business, or commerci al occupation. (22) Beginning January 1, 2000 , personal property, including food, purchased through fundr aising events for the benefit of a public or private element ary or secondary school, a group of those schools, or one or more school districts if the events are sponsored by an en tity recognized by the school district that consists primarily of volunteers and includes parents and teachers of the schoo l children. This paragraph does not apply to fundraising even ts (i) for the benefit of private home instruction or (ii) for which the fundraising entity purchases the personal property sol d at the events from another individual or entity that s old the property for the purpose of resale by the fundraising entity and that profits from the sale to the fundraising e ntity. This paragraph is exempt from the provisions of Section 3-55. (23) Beginning January 1 , 2000 and through December 31, 2001, new or used automatic ven ding machines that prepare and serve hot food and beverages, including coffee, soup, and other items, and replacemen t parts for these machines. Beginning January 1, 2002 and through Jun e 30, 2003, machines and parts for machines used in commercial, coin-operat ed amusement and vending business if a use or occupation tax is paid on the gross receipts derived from the use of the co mmercial, coin-operated amusement and vending machines . This paragraph is exempt from the provisions of Section 3-55. (24) Beginning on August 2, 2001 (the e ffective date of Public Act 92-227), computers and commun ications equipment utilized for any hospital purpose a nd equipment used in the diagnosis, analysis, or treatment o f hospital patients sold to a lessor who leases the equipmen t, under a lease of one year or longer executed or in effect at the time of the purchase, to a hospital that has been issued an active tax exemption identification number by the Depa rtment under Section 1g of the Retailers' Occupation Tax Act. This paragraph is exempt from the provisions of Sec tion 3-55. (25) Beginning on August 2, 2001 (the effective date of Public Act 92-227), person al property sold to a lessor who leases the property, under a lease of one year or longer executed or in effect at the ti me of the purchase, to a governmental body that has bee n issued an active tax exemption identification number by th e Department under Section 1g of the Retailers' Occupatio n Tax Act. This paragraph is exempt from the provisions of Sec tion 3-55. (26) Beginning on January 1, 2002 and through June 30, 2016, tangible personal propert y purchased from an Illinois retailer by a taxpayer engaged in centralized purchasing activities in Illinois who will, upo n receipt of the property in Illinois, temporarily store the p roperty in Illinois (i) for the purpose of subsequently tr ansporting it outside this State for use or consumption th ereafter solely outside this State or (ii) for the purpo se of being processed, fabricated, or manufactured into , attached to, or incorporated into other tangible personal pro perty to be transported outside this State and thereafter us ed or consumed solely outside this State. The Director of Re venue shall, pursuant to rules adopted in accordance with the Illinois Administrative Procedure Act, issue a permit to any taxpayer in good standing with the Department who i s eligible for the exemption under this paragraph (26). The p ermit issued under this paragraph (26) shall authorize the h older, to the extent and in the manner specified in the rules adopted under this Act, to purchase tangi ble personal property from a retailer exempt from the taxes imposed by this Act. Taxpayers shall maintain all necessary books and records to substantiate the use and consumption of all such tangible personal property outside of the State of Illi nois. (27) Beginning January 1, 2008, ta ngible personal property used in the construction or main tenance of a community water supply, as defined under Section 3.145 of the Environ mental Protection Act, that is operated by a not-for-profit corporation that holds a valid water supply permit issued under Title IV of the Environmental Protec tion Act. This paragraph is exempt from the provisions of Se ction 3-55. (28) Tangible personal property sold to a public-facilities corporati on, as described in Section 11-65-10 of the Illino is Municipal Code, for purposes of constructing or furnishing a municipal convention hall, but only if the legal ti tle to the municipal convention hall is transferred to the munici pality without any further consideration by or on behalf of the municipality at the time of the completion of the municipal convention hall or upon the retirement or redemption of any bonds or oth er debt instruments issued by the public-facilities cor poration in connection with the developmen t of the municipal convention hall. This exemption inc ludes existing public-facilities corporations as provi ded in Section 11-65-25 of the Illinois Municipal Code. This paragraph is exempt from the provisions of Section 3-55. (29) Beginning January 1, 2010 and continuing through December 31, 2029, mater ials, parts, equipment, components, and furnishings incorporated into or upon an aircraft as part of the modificat ion, refurbishment, completion, replacement, repair, or maintenance of the aircraft. This exemption includes consu mable supplies used in the modification, refurbishment, comp letion, replacement, repair, and maintenance of aircraf t. However, until January 1, 2024, this exemption excludes an y materials, parts, equipment, components, and consumable s upplies used in the modification, replacement, repair, and maintenance of aircraft engines or power plants, wheth er such engines or power plants are installed or uninstall ed upon any such aircraft. "Consumable supplies" include, but are not limited to, adhesive, tape, sandpaper, ge neral purpose lubricants, cleaning solution, latex gloves, and protective films. Beginning January 1, 20 10 and continuing through December 31, 2023, this exemption applies only to the transfer of qualifying tangible personal property incident to the modification, refurbishment, c ompletion, replacement, repair, or maintenance of an aircraft by persons who (i) hold an Air Agency Certificate and are empowered to operate an approved repair station by th e Federal Aviation Administration, (ii) have a Class IV Rati ng, and (iii) conduct operations in accordance with Part 145 o f the Federal Aviation Regulations. The exemption does not inc lude aircraft operated by a commercial air carrier providing sc heduled passenger air service pursuant to authority issue d under Part 121 or Part 129 of the Federal Aviation Regulatio ns. From January 1, 2024 through December 31, 2029, this exempt ion applies only to the transfer of qualifying t angible personal property incident to: (A) the modification, re furbishment, completion, repair, replacement, or maintenance of an aircraft by persons who (i) hold an Air Agency Certifica te and are empowered to operate an approved repair station b y the Federal Aviation Administration, (ii) have a Class IV Rat ing, and (iii) conduct operatio ns in accordance with Part 145 of the Federal Aviation Regulations; and (B) the modification, replacement, repair, and maint enance of aircraft engines or power plants without regard to w hether or not those persons meet the qualifications of item (A) . The changes made to this paragraph (29) by Public Act 98-534 are declarative of existing law. It i s the intent of the General Assembly that the exemption unde r this paragraph (29) applies continuously from January 1, 2010 through December 31, 2024; however, no claim for credit or refund is allowed for taxes paid as a result of the disallowance o f this exemption on or after January 1, 2015 and prior to F ebruary 5, 2020 (the effective date of Public Act 101-629). (30) Beginning January 1, 2017 and through December 31, 2026, menstrual pads, tampons, and menstrual cups. (31) Tangible personal property transfer red to a purchaser who is exempt from tax by operation o f federal law. This paragraph is exempt from the provisio ns of Section 3-55. (32) Qualifie d tangible personal property used in the construction or opera tion of a data center that has been granted a certificate o f exemption by the Department of Commerce and Economic Opportun ity, whether that tangible personal property is purchased by the owner , operator, or tenant of the data center or by a contract or or subcontractor of the owner, operator, or tenant. Data cen ters that would have qualified for a certificate of exemption p rior to January 1, 2020 had Public Act 101-31 been in eff ect, may apply for and obtain an exemption for subsequent purchases of computer equipmen t or enabling software purchased or leased to upgrade, su pplement, or replace computer equipment or enabling software purcha sed or leased in the original investment that would have qu alified. The Department of Commerce and Economic O pportunity shall grant a certificate of exemption under this item (32) to qualified data centers as defined by Section 605-1025 of the Department of Commerce and Econom ic Opportunity Law of the Civil Administrative Code of Ill inois. For the purposes of this item (32): "Data center" means a building or a series of buil dings rehabilitated or constructed to house working ser vers in one physical location or multiple sites with in the State of Illinois. "Qualified tangible personal property" means: elect rical systems and equipment; climate control and chillin g equipment and systems; mechanical systems and equip ment; monitoring and secure systems; emergency genera tors; hardware; computers; servers; data storage devices; network connectivity equipment; racks; cabine ts; telecommunications cabling infrastructure; raised floo r systems; peripheral components or systems; software; mec hanical, electrical, or plumbing systems; battery syste ms; cooling systems and towers; temperature control sy stems; other cabling; and other data center infrastruct ure equipment and systems necessary to operate qualif ied tangible personal property, including fixtures; and component parts of any of the foregoing, includ ing installation, maintenance, repair, refurbishment, and r eplacement of qualified tangible personal property to generate, transform, transmit, distribute, or manag e electricity necessary to operate qualified tangible pers onal property; and all other tangible personal property that is essential to the operations of a computer data c enter. The term "qualified tangible personal property" a lso includes building materials physicall y incorporated into the qualifying data center. To docum ent the exemption allowed under this Section, the retailer must obtain from the purcha ser a copy of the certificate of eligibility issued by the D epartment of Commerce and Economic Opportunity. This item (32) is exempt from the provisions of Secti on 3-55. (33) Beginning July 1, 2022, breast pumps, breast pump collection and storage sup plies, and breast pump kits. This item (33) is exempt from the provisions of Section 3-55. As used in this item (33): "Breast pump " means an electrically controlled or manually controlled pu mp device designed or marketed to be used to express milk from a human breast during lactation, includ ing the pump device and any battery, AC adapter, or other power supply unit that is used to power the pump device and is packaged and sold with the pump device at the time of sale. "Breast pump collection and storage supplies" means items of tangible person al property designed or marketed to be used in conjunction with a breast pump to collect milk expressed from a human breast and to store collected milk until it is ready for c onsumption. "Brea st pump collection and storage supplies" includes, but is not limited to: breast shields and breast shield connectors; breast pump tubes and tubing adapters; breast pu mp valves and membranes; backflow protectors and backflow protector adaptors; bottles and bottle caps specific to t he operation of the breast pump; and breast milk stora ge bags. "Breast pump c ollection and storage supplies" does not include: (1) bottles and bottle caps not specific to the operatio n of the breast pump; (2) breast pump travel bags a nd other similar carrying accessories, including ice packs , labels, and other similar products; (3) breast pump cle aning supplies; (4) nursing bras, bra pads, breast shells, and other similar products; and (5) creams, ointme nts, and other similar products that relieve breastfeeding -related symptoms or conditions of the breasts or nipples, unless sold as part of a breast pump kit that is pre-packaged by the breast pump manufacturer or distributor. "Breast pump kit" means a kit that: (1) contains no more than a breast pump, breast pump collection and s torage supplies, a rechargeable battery for operating th e breast pump, a breastmilk cooler, bottle stands, ice packs, and a breast pump carrying case; and (2) is pre-packaged as a breast pump kit by the breast pu mp manufacturer or distributor. (3 4) Tangible personal property sold by or on behalf of the State Treasurer pursuant to the Revised Uniform Unclaim ed Property Act. This item (34) is exempt from the provisi ons of Section 3-55. (35) Beginning on January 1, 2024, tangible personal property purchased by an act ive duty member of the armed forces of the United States who presents valid military identification and purchases the property using a form of payment where the federal gover nment is the payor. The member of the armed forces must complet e, at the point of sale, a form prescribed by the Department of Revenue documenting that the transaction is eligible for the exemption under this paragraph. Retailers must keep the form as documentation of the exemption in their records for a period of not less than 6 years. "Armed fo rces of the United States" means the United States Army, Navy, Air Force, Space Force, Marine Corps, or Coast Guard. This pa ragraph is exempt from the provisions of Section 3-55. (36) Beginning July 1, 20 24, home-delivered meals provided to Medicare or Medicaid recipients when payment is made by an int ermediary, such as a Medicare A dministrative Contractor, a Managed Care Organization, or a Medicare Advantage Organization, pursuant t o a government contract. This paragraph (36) (35) is exempt from the provisions of Se ction 3-55. (37) (36) Beginning on January 1, 2026, as further defined in Section 3-10, food prepar ed for immediate consumption and transferred incident t o a sale of service subject to this Act or the Service Use Tax A ct by an entity licensed under the Hospital Licensing Act, the Nursing Home Care Act, the Assisted Living and Shared Housing Act, the ID/DD Community Care Act, th e MC/DD Act, the Specialized Mental Health Rehabilita tion Act of 2013, or the Child Care Act of 1969 or by an entity that holds a permit issued pursuant to the Life Care Facilities Act. This item (37) (36) is exempt from the provis ions of Section 3-55. (38) (37) Beginning on Janua ry 1, 2026, as further defined in Section 3-10, food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, fo od consisting of or infused with adult use cannabis, soft drinks, candy, and food that has been pre pared for immediate consumption). This item (38) (37) is exempt from the provisions of Section 3-55. (39) (36) The le ase of the following tangible personal property: (1) computer software transferred subj ect to a license that meets the following re quirements: (A) it is evidenced by a written agreement sign ed by the licensor and the customer; (i) an electronic agreement in which the customer accepts the license by means of an electronic signature that is verifiable and can be authenticated and is attached to or made par t of the license will comply with this requirement; (ii) a lice nse agreement in which the customer electronically accepts the terms by clicking "I agree" does not comply with this requirement; (B) it restricts the customer's duplication and use of the softwar e; (C) it prohibits th e customer from licensing, sublicensing, or transferri ng the software to a third party (except to a related p arty) without the permission and continued control of the licensor; (D) the licensor has a policy of providing anot her copy at minimal or no charge if the customer loses or damages the software, or of permitting the l icensee to make and keep an archival copy, and such policy is e ither stated in the license agreement, supported b y the licensor's books and records, or supported by a n otarized statement made under penalties of perjury by the licensor; and (E) the customer must destroy or return all copies of th e software to the licensor at the end of the license peri od; this provision is deemed to be met, in the case of a perpetual license, without bein g set forth in the license agreement; and (2) property that is subject to a tax on lease receipts imposed by a home rule unit of local government if the ordinance imposing that tax was adopted prior to January 1, 2023. (Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70, Section 7 0-15, eff. 4-19-22; 102-700, Article 75, Section 75-15, eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5, Section 5-15, eff. 6-7-23; 103-9, Article 15, Section 15-15, eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24; 103-592, eff. 1-1-25; 103-605, ef f. 7-1-24; 103-643, eff. 7-1-24; 103-746, eff. 1-1-25; 103-781, eff. 8- 5-24; 103-995, eff. 8-9-24; revised 11-26-24.) (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10) Sec. 3-10. Rate of tax. Unless otherwise provided in this Section, the tax imposed by this Act is at t he rate of 6.25% of the "selling price", as defined in Sectio n 2 of the Service Use Tax Act, of the tangible personal prope rty, including, on and after January 1, 2025, tangible pe rsonal property transferred by lease. For the purpose of computi ng this tax, in no event shall the "selling price" be less t han the cost price to the serviceman of the tangible personal pr operty transferred. The selling price of each item of tangibl e personal property transferred as an incident of a sale of service may be shown as a distinct and separate item on the serviceman's billing to the service customer. If the sellin g price is not so shown, the selling price of the tangible perso nal property is deemed to be 50% of the serviceman's entire b illing to the service customer. When, however, a serv iceman contracts to design, develop, and produce special order machinery or equipment, the tax imposed by this Act sha ll be based on the serviceman's cost price of the tangible personal p roperty transferred incident to the completion of the contract.

Beginning on July 1, 2000 and through December 31, 200 0, with respect to motor fuel, as defined in Section 1.1 of the Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of the Use Tax Act, the tax is imposed at the rate of 1.25%. With respect to gasohol, as defi ned in the Use Tax Act, the tax imposed by this Act shall apply to (i) 70% of the cost price of property transferred as an incident to the sale of service on or after January 1, 1990 , and before July 1, 2003, (ii) 80% of the selling price of p roperty transferred as an incident to the sale of service on or after July 1, 2003 and on or before July 1, 2017, (iii ) 100% of the selling price of property transferred as an incid ent to the sale of service after July 1, 2017 and prior to January 1, 2024, (iv) 90% of the selling price of property transferred as an incident to the sale of service on or after January 1, 2024 and on or before December 31, 2028, and (v) 10 0% of the selling price of property transferred as an inciden t to the sale of service after December 3 1, 2028. If, at any time, however, the tax under this Act on s ales of gasohol, as defined in the Use Tax Act, is imposed at the rat e of 1.25%, then the tax imposed by this Act applies to 100% of the proceeds of sales of gasohol made during that time. With respect to mid-range etha nol blends, as defined in Section 3-44.3 of the Us e Tax Act, the tax imposed by this Act applies to (i) 80% of the selling price of property transferred as an incident to the sale of s ervice on or after January 1, 2024 and on or before December 31, 2028 and (ii) 100% of the selling price of property tran sferred as an incident to the sale of service after December 31, 2028. If, at any time, however, the tax under this Ac t on sales of mid-range ethanol blends is imposed at the rate of 1.25%, then the tax imposed by this Act applies to 100% of the selling price of mid-range ethanol blends tr ansferred as an incident to the sale of service during that ti me. With respect to majority blended eth anol fuel, as defined in the U se Tax Act, the tax imposed by this Act does not apply t o the selling price of property transferred as an incident to the sale of service on or after July 1, 2003 and on or before December 31, 2028 but applies to 100% of the selling price t hereafter. With respect to biodiesel blends, as defined in the Use Tax Act, with no less than 1% and no mor e than 10% biodiesel, the tax imposed by this Act applies t o (i) 80% of the selling price of property transferred a s an incident to the sale of service on or after July 1, 2003 and on or before December 31, 2018 and (ii) 100% of the proceeds of the selling price after December 31, 2018 and before Janu ary 1, 2024. On and after January 1, 2024 and on or before Dec ember 31, 2030, the taxation of biodiesel, renewable diesel, a nd biodiesel blends shall be as provided in Section 3-5. 1 of the Use Tax Act. If, at any time, however, the tax under t his Act on sales of biodiesel blends, as defined in the Use Tax Act, wit h no less than 1% and no more than 10% biodiesel is impose d at the rate of 1.25%, then the tax imposed by this Act applie s to 100% of the proceeds of sales of biodiesel blends wit h no less than 1% and no more than 10% biodiesel made duri ng that time. With respect to biodiesel, a s defined in the Use Tax Act, and biodiesel blends, as def ined in the Use Tax Act, with more than 10% but no more th an 99% biodiesel material, the tax imposed by this Act does not apply to the proceeds of the selling price of property trans ferred as an incident to the sale of service on or after July 1, 2003 and on or before December 31, 2023. On and after January 1, 2024 and on or before December 31, 2030 , the taxation of biodiesel, renewable diesel, and biodiese l blends shall be as provided in Section 3-5.1 of the U se Tax Act. At the election of any regis tered serviceman made for each fiscal year, sales of s ervice in which the aggregate annual cost price of tangi ble personal property transferred as an incident to the sal es of service is less than 35%, or 75% in the case of serv icemen transferring prescription drugs or servicemen engaged in graphi c arts production, of the aggregate annual total gross rec eipts from all sales of service, the tax imposed by this Act shall be based on the serviceman's cost price of the tangible p ersonal property transferred incident to the sale of those se rvices. Until July 1, 2022 and from July 1 , 2023 through December 31, 2025, the tax shall be imposed at the rate of 1% on food prepared for immediate consumption and transferred incident to a sale of service subject to this Act or the Service Use Tax Act by an entity licensed under the Hospital Licensing Act, the Nursing Home Care Act, the Assist ed Living and Shared Housing Act, the ID/DD Community Care Act, the MC/DD Act, the Specialized Mental Health Rehabilitation Act of 2013, or the Child Care Act of 1969, or an entity that holds a permit issued pursuant to the Life Care Facilities Act. Un til July 1, 2022 and from July 1, 2023 through December 31, 2025, the tax shall also be imposed at the rate of 1 % on food for human consumption that is to be c onsumed off the premises where it is sold (other than alco holic beverages, food consisting of or infused with adul t use cannabis, soft drinks, and food that has been prepared for immediate consumption and is not otherwise included in t his paragraph). Beginning on July 1, 2022 an d until July 1, 2023, the tax shall be imposed at the rate of 0 % on food prepared for immediate consumption and transfer red incident to a sale of service subject to this Act or the Service Use Tax Act by an entity licensed under the Hospital Licensing Act, the Nursing Home Care Act, the Assisted Livin g and Shared Housing Act, the ID/DD Community Care Act, the MC /DD Act, the Specialized Mental Health Rehabilitation Act of 20 13, or the Child Care Act of 1969, or an entity that holds a pe rmit issued pursuant to the Life Care Facilities Act. Beginn ing July 1, 2022 and until July 1, 2023, the tax shall also be imposed at the rate of 0% on food for human consumption that is to be co nsumed off the premises where it is sold (other than alcoh olic beverages, food consisting of or infused with adult u se cannabis, soft drinks, and food that has been prepared fo r immediate consumption and is not otherwise included in thi s paragraph). On and after January 1, 2 026, food prepared for immediate consumption and transfer red incident to a sale of service subject to this Act or the Service Use Tax Act by an entity licensed under the Hospital Licensing Act, the Nursing Home Care Act, the Assisted Living a nd Shared Housing Act, the ID/DD Community Care Act, the M C/DD Act, the Specialized Mental Health Rehabilitation Act of 20 13, or the Child Care Act of 1969, or an entity that holds a permit issued pursuant to the Life Care Facilities Act is exe mpt from the tax imposed by this Act. On and after January 1 , 2026, food for human consumption that is to be consumed off the premises where it is sold (other th an alcoholic beverages, food consisting of or infused with adult use cannabis, soft drinks, candy, and food that has been prepared for immediate consumption and is not otherwise in cluded in this paragraph) is exempt from the tax imposed by t his Act. The tax shall be imposed at the rate of 1% on prescription and nonprescription medicines, drugs, medical appliances, products classified as Class III medical devices by the United States Food and Drug Administration that are used for cancer treatment pursuant t o a prescription, as well as any accessories and components r elated to those devices, modifications to a motor vehicle for the purpose of rendering it usable by a person with a disability, and insulin, b lood sugar testing materials, syringes, and needles used by hu man diabetics. For the purposes of this Section, until Septemb er 1, 2009: the term "soft drinks" means any complete, finishe d, ready-to-use, non-alcoholic drink, whe ther carbonated or not, including, but not limited to, sod a water, cola, fruit juice, vegetable juice, carbonated water, an d all other preparations commonly known as soft drinks of wh atever kind or description that are contained in any closed o r sealed can, carton, or container, regardless of size; but "so ft drinks" does not include coffee, tea, non-carbonated water, infant formula, milk or milk products as defined i n the Grade A Pasteurized Milk and Milk Products Act, or drinks containing 50% or more natural fruit or vegetable juice. Notwithstanding any other provisio ns of this Act, beginning September 1, 2009, "soft drinks" means n on-alcoholic beverages that contain natural or artificial sweeteners. "Soft drinks" does not include beverage s that contain milk or milk products, soy, rice or similar m ilk substitutes, or greater than 50% of vegetable or fruit j uice by volume. Until August 1, 2009, and n otwithstanding any other provisions of this Act, "food for hu man consumption that is to be consumed off the premises wher e it is sold" includes all food sold through a vending machin e, except soft drinks and food products that are dispensed hot from a vending machine, regardless of the location of the vending machine. Beginning August 1, 2009, and notwithst anding any other provisions of this Act, "food for human consumption t hat is to be consumed off the premises where it is sold" includes all food sold through a vending machine, excep t soft drinks, candy, and food products that are dispensed hot from a vending machine, regardless of the location of the ve nding machine. Notwithstanding any other provisions of this Act, beginning September 1, 2009, "food for human consumption that is to be consumed off the premises where it is sold" does not include candy. For purposes of this Section, "candy" means a preparation of sugar, honey , or other natural or artificial sweeteners in com bination with chocolate, fruits, nuts or other ingredients o r flavorings in the form of bars, drops, or pieces. "Candy" does not include any preparation that contains flour or r equires refrigeration. Notwithstanding any o ther provisions of this Act, beginning September 1, 2009, "no nprescription medicines and drugs" does not include grooming and hygiene products. For purposes of this Section, "grooming and hygiene products" includes, but is not limited to, soaps and cleaning solu tions, shampoo, toothpaste, mouthwash, antiperspirants, and sun tan lotions and s creens, unless those products are available by prescription only , regardless of whether the products meet the definition of "over-the-counter-drugs". For the purposes o f this paragraph, "over-the-counter-drug" mean s a drug for human use that contains a label that identifie s the product as a drug as required by 21 CFR 201.66. The "over-the-counter-dru g" label includes: (A) a "Drug Facts" panel; or (B) a s tatement of the "active ingredient(s)" with a list of those i ngredients contained in the compound, substance or preparation.

Beginning on January 1 , 2014 (the effective date of Public Act 98-12 2), "prescription and nonprescription medicines and dru gs" includes medical cannabis purchased from a registered di spensing organization under the Compassionate Use of Me dical Cannabis Program Act. As used in this Sec tion, "adult use cannabis" means cannabis subject to tax under the Cannabis Cultivation Privi lege Tax Law and the Cannabis Purchaser Excise Tax Law and does not include cannabis subj ect to tax under the Compassionate Use of Medical Cannabis Program Act. (Source: P .A. 102-4, eff. 4-27-21; 102-16, eff. 6-17-21; 102-700, Art icle 20, Section 20-15, eff. 4-19-22; 102-700, Article 60, Section 60-25, eff. 4-19-22; 103-9, eff. 6-7-23; 103-154, eff. 6-30-23; 103-592, eff. 1-1-25; 103-781, eff. 8-5-24; revised 11-26-24.) Section 305. The Retail ers' Occupation Tax Act is amended by changing Sections 1, 2, 2-5, 2-10, and 2-12 as follows: (35 ILCS 120/1) Sec. 1. Definitions. As u sed in this Act: "Sale at retail" means any transfer of the ownership of, the title to, the po ssession or control of, the right to possess or cont rol, or a license to use tangible personal property to a purch aser, for the purpose of use or consumption, and not for the pu rpose of resale in any form as tangible personal property to t he extent not first subjected to a use for which i t was purchased, for a valuable consideration: Provided that t he property purchased is deemed to be purchased for the purpose of resale, despite first being used, to the extent to which it is resold as an ingredient of an intentionally produced product or byproduct of manufacturing. For this pur pose, slag produced as an incident to manufacturing pig iron or steel and so ld is considered to be an intentionally produced by product of manufacturing. Transactions whereby the possession of the property is transferred but the seller retains the tit le as security for payment of the selling price shall be d eemed to be sales. "Sale at retail" shall be construed to include any transfer of the ownership of, the title to, the possession or control of, the right to poss ess or control, or a license to use tangible personal property to a purchaser, for use or consumption by any other person to whom such purchaser may transfer the t angible personal property without a valuable considerati on, and to include any transfer, whether made for or with out a valuable consideration, for resale in any form as ta ngible personal property unless made in compliance with Sect ion 2c of this Act. Sales of tangible pe rsonal property, which property, to the extent not first subj ected to a use for which it was purchased, as an ingredien t or constituent, goes into and forms a part of tangible per sonal property subsequently the subject of a "Sale at retail" , are not sales at retail as defined in this Act: Provided that the property purchased is deemed to be purchased for the purpose of resale, despit e first being used, to the extent to which it is resold as an i ngredient of an intentionally produced product or byproduct of manufacturing. "Sale at retail" shall be construed to include any Illinois florist's sales transa ction in which the purchase order is received in Illino is by a florist and the sale is for use or consumption, but the Illinois florist has a florist in another state deliver the property to the purchaser or the purchaser's donee in such other state. Nonreusable tangible personal p roperty that is used by persons engaged in the business of operating a restaurant, cafeteria, or drive-in is a sale for resale when it is transferred to customers in the ordinar y course of business as part of the sale of food or bevera ges and is used to deliver, package, or consume food or beverag es, regardless of where consumption of the food or beverages oc curs. Examples of those items include, but are not limited to nonreusable, paper and plastic cups, plates, b askets, boxes, sleeves, buckets or other containers, ut ensils, straws, placemats, napkins, doggie bags, and wrapping o r packaging materials that are transferred to customers as part of the sale of food or beverages in the ordinary course of business. The purchase, employment and transfer of such tangible personal property as newsprint and ink for the prima ry purpose of conveying news (with or without other info rmation) is not a purchase, use or sale of tangible personal p roperty. A person whose activities are organized and conducted primarily as a not-for-profit service enterprise, and who engages in selling tan gible personal property at retail (whether to the public or m erely to members and their guests) is engaged in the business of selling tangible personal property at retail with respect to such transactions, excepting only a person organized a nd operated exclusively for charitable, religious or educatio nal purposes either (1), to the extent of sales by such person to its members, students, patients or inmates of tangible p ersonal property to be used primarily for the purposes o f such person, or (2), to the extent of sales by such person of tangible personal property which is not sold or offe red for sale by persons organized for profit. The selling of s chool books and school supplies by schools at retail to stud ents is not "primarily for the purposes of" the school which does such selling. The provisions of this parag raph shall not apply to nor subject to taxation occasional dinners, socials or similar activities of a person organized and oper ated exclusively for charitable, religious or educational purp oses, whether or not such activities are open to the public . A person who is the recipient of a grant or contract under Title VII of the Older Americans Act of 1 965 (P.L. 92-258) and serves meals to participants in th e federal Nutrition Program for the Elderly in return for contr ibutions established in amount by the individual participa nt pursuant to a schedule of suggested fees as provided for in the federal Act is not engaged in the business of s elling tangible personal property at retail with respect to s uch transactions. "Lease" means a transfer of the possession or control of, the right to possess or contr ol, or a license to use, but not title to, tangible perso nal property for a fixed or indeterminate term for consideration, regardless of the name by which the transaction is called. "Lease" does not includ e a lease entered into merely as a security agreement th at does not involve a transfer of possession or control fro m the lessor to the lessee. On and after J anuary 1, 2025, the term "sale", when used in this Act, includes a lease. "Purchaser" means anyone who, through a sal e at retail, acquires the ownership of, the title to, the p ossession or control of, the right to possess or co ntrol, or a license to use tangible personal property for a v aluable consideration. "Reseller of motor fue l" means any person engaged in the business of selling or delivering or transfe rring title of motor fuel to another person other than for use or consumption. No person shall act as a reselle r of motor fuel within this State without first being registe red as a reseller pursuant to Section 2c or a retailer pur suant to Section 2a. "Selling price" or th e "amount of sale" means the consideration for a sale valued in mone y whether received in money or otherwise, including cash, credits, p roperty, other than as hereinafter provided, and services, but, prior to January 1, 2020 and beginning again on Janua ry 1, 2022, not including the value of or credit given fo r traded-in tangible personal property where the item that is traded-in is of like kind and character as that which is be ing sold; beginning January 1, 2020 and until January 1, 202 2, "selling price" includes the portion of the value of or cr edit given for traded-in motor vehicles of the First Divis ion as defined in Section 1-146 of the Illinois Vehicle Code of like kind and character as that which is being s old that exceeds $10,000. "Selling price" shall be determine d without any deduction on account of the cost of the propert y sold, the cost of materials used, labor or service cost o r any other expense whatsoever, but does not include charges th at are added to prices by sellers on account of the seller's tax liability under this Act, or on account of the seller's duty to collect, from the purchaser, the tax that is imposed by the Use Tax Act, or, except as otherwise provided with respec t to any cigarette tax imposed by a home rule unit, on account of the seller's tax liability under any local occupa tion tax administered by the Department, or, except as otherwi se provided with respect to any cigarette tax imposed by a home rule unit on account of the seller's duty to collect, from th e purchasers, the tax that is imposed under any local use tax administered by the Department. Effective December 1, 1985, "se lling price" shall include charges that are added to pric es by sellers on account of the seller's tax liability under the Cigarette Tax Act, on account of the sellers' duty to collect, from the purchaser, the tax imposed under the Cigaret te Use Tax Act, and on account of the seller's duty to collect, from the purchaser, any cigarette tax imposed by a home rule unit. The provisions of this paragraph, which provides only for an alternative mea ning of "selling price" with respect to the sale of certain moto r vehicles incident to the contemporaneous lease of tho se motor vehicles, continue in effect and are not changed by the tax on leases impleme nted by Public Act 103-592 this amendatory Act of the 103rd General Assembly. Notwithstanding any law to the contrary, for any motor veh icle, as defined in Section 1-146 of the Illino is Vehicle Code, that is sold on or after J anuary 1, 2015 for the purpose of leasing the vehicle for a def ined period that is longer than one year and (1) is a motor vehi cle of the second division that: (A) is a self-containe d motor vehicle designed or permanently converted to provide living quarters for recreational, camping, or travel use, with direct walk through access to the living quarters from the dr iver's seat; (B) is of the van configuration designed for the transportation of not less than 7 nor more than 16 passengers; or (C) has a gross vehicle weight rating of 8,000 pounds o r less or (2) is a motor vehicle of the first division, "sell ing price" or "amount of sale" means the consideration receiv ed by the lessor pursuant to the lease contract, includi ng amounts due at lease signing and all monthly or other regular payments charged over the term of the lease. Also in cluded in the selling price is any amount received by the less or from the lessee for the leased vehicle that is not calc ulated at the time the lease is executed, including, but not limited to, excess mileage charges and charges for excess wear and tear. For sales that occur in Illinois, with respect to any amount received by the lessor from the lessee for the leased vehicle that is not calculated at the time the lease i s executed, the lessor who purchased the motor vehicle does not incur the tax imposed by the Use Tax Act on those amounts, a nd the retailer who makes the retail sale of the motor vehicle to the lessor is not required to collect the tax imp osed by the Use Tax Act or to pay the tax imposed by this Act on those amounts. However, the lessor who purchased the mot or vehicle assumes the liability for reporting and paying the tax on those amounts directly to the Department in the same form (Illinois Retailers' Occupation Tax, and local retailers' occupation taxes, if applicable) in which the retailer would have reported and paid such tax if the retailer had account ed for the tax to the Department. For amounts received by th e lessor from the lessee that are not calculated at the time t he lease is executed, the lessor must file the return and pay the tax to the Department by the due date otherwise required b y this Act for returns other than transaction returns. If the retailer is entitled under this Act to a discount for coll ecting and remitting the tax imposed under this Act to the De partment with respect to the sale of the motor vehicle t o the lessor, then the right to the discount provided in thi s Act shall be transferred to the lessor with respect to the tax paid by the lessor for any amount received by the l essor from the lessee for the leased vehicle that is not calcula ted at the time the lease is executed; provided that the discoun t is only allowed if the return is timely filed and for amounts timel y paid. The "selling price" of a motor vehicle that is sold on or after January 1, 2015 for the purpose of leasing for a defined period of longer than one year shall not be reduced by the value of or credit given for traded-in tangible personal prop erty owned by the lessor, nor shall it be reduced by the value of or credit given for traded-in tangible personal prope rty owned by the lessee, regardless of whether the trade- in value thereof is assigned by the lessee to the lessor. In the case of a motor vehicle that is sold for the purpose of l easing for a defined period of longer than one year, the sale occurs at the time of the delivery of the vehicle, regardless of the due date of any lease payments. A lessor who incurs a Re tailers' Occupation Tax liability on the sale of a motor vehicl e coming off lease may not take a credit against that liabilit y for the Use Tax the lessor paid upon the purchase of the motor vehicle (or for any tax the lessor paid with respect to any amount received by the lessor from the lessee for the l eased vehicle that was not calculated at the time the lease w as executed) if the selling price of the motor vehicle at the time of purchase was calculated using the definition of "sell ing price" as defined in this paragraph. Notwithstanding any other provision of this Act to the contrary, lessors shall file all returns and make all payments required under this parag raph to the Department by electronic means in the manner and f orm as required by the Department. This paragraph does not apply to leas es of motor vehicles for which, at the time the lease is entered into, the term of the leas e is not a defined period, including leases with a defined initial period with the option to continue the lease on a mon th-to-month or other basis beyond the ini tial defined period. The phrase "like kin d and character" shall be liberally construed (including but not limited to any form of motor vehicle for any form of mo tor vehicle, or any kind of farm or agricultural implement for any other kind of farm or agricultural implement), while not including a kind of item wh ich, if sold at retail by that retailer, would be exempt from retailers' occupation tax and use tax as an isolated or occas ional sale. "Gross receipts" from the sales of tangible personal property at retail means the total sell ing price or the amount of such sales, as hereinbefore defined . In the case of charge and time sales, the amount there of shall be included only as and when payments are received b y the seller. In the case of leases, except as otherwise prov ided in this Act, the amount thereof shall be included only as and when gross receipts are receive d by the lessor. Receipts or other consideration derived by a se ller from the sale, transfer or assignment of accounts rec eivable to a wholly owned subsidiary will not be deemed payme nts prior to the time the purchaser makes payment on such accou nts. "Department" means the Department of Re venue. "Person" means a ny natural individual, firm, partnership, association , joint stock company, joint adventure, public or private corpor ation, limited liability company, or a receiver, executor, tr ustee, guardian or other representative appointed by order of a ny court. The isolated or occasional s ale of tangible personal property at retail by a person who do es not hold himself out as being engaged (or who does not habitu ally engage) in selling such tangible personal property at ret ail, or a sale through a bulk vending machine, does not consti tute engaging in a business of selling such tangible persona l property at retail within the meaning of this Act; provide d that any person who is engaged in a business which is not subject to the tax imposed by this Act because of invo lving the sale of or a contract to sell real estate or a cons truction contract to improve real estate or a construction contract to engineer, install, and maintain an integr ated system of products, but who, in the course of conductin g such business, transfers tangible personal property to users or consumers in the finished form in which it was purcha sed, and which does not become real estate or was not en gineered and installed, under any provision of a construction contract or real estate sale or real estate sales agreement ent ered into with some other person arising out of or because of such nontaxable business, is engaged in the business of sell ing tangible personal property at retail to the extent of the value of the tangible personal property so transferred. If, in such a transaction, a separate charge is made for the tang ible personal property so transferred, the value of such pro perty, for the purpose of this Act, shall be the amount so separately charged, but not less than the cost of such property to the transferor; if no separate charge is made, the value of such property, for the purposes of this Act, is the cost to the transferor of such tangible personal property. Co nstruction contracts for the improvement of real estate consisting of engineering, installation, an d maintenance of voice, data, video, security, and all tele communication systems do not constitute engaging in a bus iness of selling tangible personal property at retail with in the meaning of this Act if they are sold at one specified contract price. A person who holds himself or herself out as being engaged (or who habitually eng ages) in selling tangible personal property at retail is a per son engaged in the business of selling tangible personal prope rty at retail hereunder with respect to such sales (and not primarily in a service occupation) notwithstanding the fact th at such person designs and produces such tangible personal pro perty on special order for the purchaser and in such a way as to render the property of value only to s uch purchaser, if such tangible personal property so produ ced on special order serves substantially the same function as stock or standard items of tangible personal property that are s old at retail. Persons who engage in the business of transferring tangible personal property upon the redemption of trading stamps are engaged in the business of selling such property at retail and shall be liable for a nd shall pay the tax imposed by this Act on the basis of the r etail value of the property transferred upon redemption of such stamps. "Bulk vending machine" me ans a vending machine, containing unsorted confection s, nuts, toys, or other items designed primarily to be use d or played with by children which, when a coin or coins of a denomination not larger than $0.50 are inserted, are dispe nsed in equal portions, at random and without selection b y the customer. "Remote retailer" means a r etailer that does not maintain within this State, directly or by a subsidiary, an office, distribution house, sales house, warehouse or other place of business, or any agent or other re presentative operating wit hin this State under the authority of the retailer or its subsidiary, irrespective of whether such place of business or agent is located here pe rmanently or temporarily or whether such retailer or subsid iary is licensed to do business in this State. "Retailer maintaining a place of business in this Sta te" has the meaning given to that term in Section 2 of the Use Tax Act. "Marketplace" means a physical or el ectronic place, forum, platform, application, or other method by which a marketplace seller sells or offers to sell items. "Marketpl ace facilitator" means a person who, pursuant to an agreement with an un related third-party marketplace seller, directly or ind irectly through one or more affiliates facilitates a reta il sale by an unrelated third-party third party marketplace seller by:

(1) listing or advertising for sale by the marketplace seller in a marketplace, t angible personal property that is subject to tax under th is Act; and (2) eithe r directly or indirectly, through agreements or a rrangements with third parties, collecting payment fro m the customer and transmitting that payment to the marketp lace seller regardless of whether the marketplace facilitato r receives compensation or other consideration in exchange fo r its services. A person who provides advertising services, including listing products for sale, is not considered a ma rketplace facilitator, so long as the advertising serv ice platform or forum does not engage, directly or indirectl y through one or more affiliated persons, in the activities described in paragraph (2) of this definition of "marketplace faci litator". "Marketplace facilitator" does not include any person licensed under the Auction License Act. This exemption does not apply to any person who is an Internet auction lis ting service, as defined by the Auction License Act. "Marketplace seller" means a person who that makes sales through a marketplace operated by an unrelated third-party third party marketplace facilitator. (Source: P.A. 102-353, eff. 1-1-22; 102-634, eff. 8-27-21; 102-813 , eff. 5-13-22; 103-592, eff. 1-1-25; 103-983, eff. 1-1-25; revised 11-26-24.) (35 ILCS 120/2) Sec. 2. Tax imposed. (a) A tax is imposed upo n persons engaged in the business of selling at retail, wh ich, on and after January 1, 2025, includes leasing, tangibl e personal property, including computer software, and includin g photographs, negatives, and positives that are the product of photoprocessing, but not including products of photoproce ssing produced for use in motion pictures for public commer cial exhibition. Beginning January 1, 2001, prepaid telephon e calling arrangements shall be considered tangible personal property subject to the tax imposed under this Act re gardless of the form in which those arrangements may be embo died, transmitted, or fixed by any method now known or h ereafter developed. The imposition of th e tax under this Act on persons engaged in the business of leasi ng tangible personal property applies to leases in effect, entered into, or renewed on or after January 1, 2025. In the case of leases, except a s otherwise provided in this Act, the lessor must remit, for each tax return period, only the tax ap plicable to that part of the selling price actually received during such tax return period. The inclusion of l eases in the tax imposed under this Act by Public Act 103 -592 this amendatory Act of the 103 rd General Assembly does not, however, extend to motor vehicles, watercraft, aircraft, and semitrailers, as defined in Section 1-187 of the Ill inois Vehicle Code, that are required to be registered with an agency of this State. The taxation of these items shall continue i n effect as prior to the effective date of the changes made to this Section by Public Act 103-592 thi s amendatory Act of the 103rd General Assembly ( i.e., dealers owe retailers' occupation tax, lessors owe u se tax, and lessees are not subject to retailers' occupation o r use tax). Sales of (1) electricity delivered to cust omers by wire; (2) natural or artificial gas that is delivered to customers through pipes, pipelines, or mains; and (3) water that is delivered to customers through pipes, pipelines, or mai ns are not subject to tax under this Act. The provision s of Public Act 98-583 thi s amendatory Act of the 98th General Assembly are declaratory of existing law as to the meaning a nd scope of this Act. (b) Beginning on January 1, 2021, a remote retailer is engaged in t he occupation of selling at retail in Illinois for purpo ses of this Act, if: (1 ) the cumulative gross receipts from sales of tangible personal property to purchasers in Illinoi s are $100,000 or more; or (2) the retailer enters into 200 or more separate tran sactions for the sale of tangible personal property to purchas ers in Illinois. Remote retail ers that meet or exceed the threshold in either paragraph (1) or (2) above shall be liable for all applicable St ate retailers' and locally imposed retailers' occupation taxes administered by the Department on all retail sales t o Illinois purchasers. The remote retailer shall determine on a quarterly basis, ending on the last day of March , June, September, and December, whether he or she meets the c riteria of either paragraph (1) or (2) of this subsection f or the preceding 12-month period. If the retailer meet s the criteria of either paragraph (1) or (2) for a 12-month period, he or she is considered a retailer maintain ing a place of business in this State and is required to collect an d remit the tax imposed under this Act and all retailers' occu pation tax imposed by local taxing jurisdictions in Illinois, provided such local taxes are administered by the Department, and to file all applicable returns for one year. At the end of that one-year period, the retailer shall determine whether the r etailer met the criteria of either paragraph (1) or (2) for the preceding 12-month period. If the retailer m et the criteria in either paragraph (1) or (2) for the pre ceding 12-month period, he or she is considered a retailer ma intaining a place of business in this State and is required to collect and remit all applicable State and local retailers' occu pation taxes and file returns for the subsequent year. If, at the end of a one-year period, a retailer that was re quired to collect and remit the tax imposed under this Act de termines that he or she did not meet the criteria in either p aragraph (1) or (2) during the preceding 12-month period, then the retailer shall subsequently determine on a quart erly basis, ending on the last day of March, June, September, and December, whether he or she meets the criteria of e ither paragraph (1) or (2) for the preceding 12-month period. (b-2) Beginning on January 1 , 2025, a retailer maintaining a place of business in this State that makes retail sales of tangible personal pro perty to Illinois customers from a location or locations outs ide of Illinois is engaged in the occupation of selling at retail in Illinois for the p urposes of this Act. Those retailers are liable for all applicab le State and locally imposed retailers' occupation taxes a dministered by the Department on retail sales made by those re tailers to Illinois customers from locations outside of Illinoi s. (b-5) For the purposes of this Se ction, neither the gross receipts from nor the number of separat e transactions for sales of tangible personal property to purch asers in Illinois that a remote retailer makes through a mark etplace facilitator shall be included for the purposes of determining whethe r he or she has met the thresholds of subsection (b) of this Sect ion so long as the remote retailer has received certification f rom the marketplace facilitator that the marketplace facilit ator is legally responsible for payment of tax on such sales. (b-10) A remote retailer that is requi red to collect taxes imposed under the Use Tax Act on retail sales made to Illinois purchasers or a retailer maintaining a place of business in this State that is required to collec t taxes imposed under the Use Tax Act on retail sales made to Illinois purchasers shall be liable to the Department for such taxes, except when the remote retailer o r retailer maintaining a place of business in this State is relieved of the duty to remit such taxes by virtue of having paid to the Department taxes imposed by this Act in accordance with this Section upon his or her gross re ceipts from such sales. (c) Marketplace facilitators engaged in the business of selling at retail tangible person al property in Illinois. Beginning January 1, 2021, a marketplace facilitator is engaged in the occupation of se lling at retail tangible personal property in Illinois f or purposes of this Act if, during the previous 12-month period: ( 1) the cumulative gross receipts from sales of tangible pe rsonal property on its own behalf or on behalf of marketp lace sellers to purchasers in Illinois equals $100,000 or more; or (2) the ma rketplace facilitator enters into 200 or more sepa rate transactions on its own behalf or on be half of marketplace sellers for the sale of tangible pers onal property to purchasers in Illinois, regardless of whether the marketplace facilitator or marketplace sellers for who m such sales are facilitated are registered as retailers in th is State. A marketplace facilitator who m eets either paragraph (1) or (2) of this subsection is required to remit the applicable State retailers' occupation taxes und er this Act and local retailers' occupation taxes administ ered by the Department on all taxable sales of tangib le personal property made by the marketplace facilitator or facilitated for marketplace sellers to customers in this St ate. A marketplace facilitator selling or facilitating the sa le of tangible personal property to customers in this Sta te is subject to all applicable procedures and requirement s of this Act. The marketplace facilitator sh all determine on a quarterly basis, ending on the last day of March, June, September, and December, whether he or she meets the criteria of either paragraph (1) or (2) of this subsection for the preceding 12-month period. If the marketplace faci litator meets the criteria of either paragraph (1) or (2) fo r a 12-month period, he or she is considered a retai ler maintaining a place of business in this State and is required t o remit the tax imposed under this Act and all retailers' occup ation tax imposed by local taxing jurisdictions in Illin ois, provided such local taxes are administered by the Department, a nd to file all applicable returns for one year. At the end of that one-year period, the marketplace facilitator shall det ermine whether it met the criteria of either paragraph (1) or ( 2) for the preceding 12-month period. If the marketpl ace facilitator met the criteria in either paragraph (1) or (2 ) for the preceding 12-month period, it is considered a retailer maintaining a place of business in this State and is required to collect and remit all applicable State and local retailers' occupation taxes and file returns for the subsequent year. If at the end of a one-year period a marketplace fa cilitator that was required to collect and remit the tax imposed under this Act determines that he or she did not meet the criteria in either paragraph (1) or (2) during the precedin g 12-month period, th e marketplace facilitator shall subsequently determ ine on a quarterly basis, ending on the last day of Mar ch, June, September, and December, whether he or she meets th e criteria of either paragraph (1) or (2) for the precedin g 12-month period. A marketplace faci litator shall be entitled to any credits, deductions, or adjustments to the sales price otherwise provided to the mar ketplace seller, in addition to any such adjustments provide d directly to the marketplace facilitator. This Secti on pertains to, but is not limited to, adjustments such as discounts, coupons, and rebates. In addition, a marketplace fa cilitator shall be entitled to the retailers' discount provide d in Section 3 of the Retailers' Occupation Tax Act on all marketplace sales, and the marketplace seller shall not includ e sales made through a marketplace facilitator when computin g any retailers' discount on remaining sales. Market place facilitators shall report and remit the applicable State and local retailers' occu pation taxes on sales facilitated for marketplace sellers separ ately from any sales or use tax collected on taxable retail sa les made directly by the marketplace facilitator or its affili ates. The marketplace facilitator is liable for the remittance of all applicable State retail ers' occupation taxes under this Act and local retailers' occupation taxes administered by the Department on sales through the marketplace and is subject to audit on all such sa les. The Department shall not audit marketplace sellers f or their marketplace sales where a marketplace facili tator remitted the applicable State and local retailers' occupa tion taxes unless the marketplace facilitator seeks rel ief as a result of incorrect information provided to the marketp lace facilitator by a marketplace seller as set forth in this S ection. The marketplace facilitator shall not be held liable fo r tax on any sales made by a marketplace seller that take plac e outside of the marketplace and which are not a part of any agreement between a marketplace facilitator and a marketplace seller. In addition, marketplace facilitators shall not be hel d liable to State and local governments of Illinois for having charged and remitted an incorrect amount of State an d local retailers' occupation tax if, a t the time of the sale, the tax is computed based on erroneous data provided by the State in database files on tax rates, boundaries, or taxing jurisdictions or incorrect informati on provided to the marketplace facilitator by the marketpl ace seller. (d) A marketplace facilitator shall: (1) certify to each marketplace seller that the marketplace facilitator assumes the rights and duti es of a retailer under this Act with respect to sales ma de by the marketplace seller through the marketplace; and (2) remit taxes imposed by this Act as required by this Act for sales ma de through the marketplace. (e) A ma rketplace seller shall retain books and records for all sales made through a marketplace in accordance with the re quirements of this Act. (f) A marketplace facilitator is subject to a udit on all marketplace sales for which it is considered to be the retailer, but shall not be liable for tax or subject to audit on sales made by marketplace sellers outside of the mar ketplace. (g) A marketplace facilitator re quired to collect taxes imposed under the Use Tax Act on mark etplace sales made to Illinois purchasers shall be liable to the Department for such taxes, except when the marketplace facilitator i s relieved of the duty to remit such taxes by virtue of having paid to the Department taxes imposed by this Act in accordance with this Secti on upon his or her gross receipts from such sales.

(h) Nothing in this Section shall allow the Departm ent to collect retailers' occupation taxes from both the mark etplace facilitator and marketplace seller on the same transac tion. (i) If, for any reason, the Depar tment is prohibited from enforcing the marketplace facilit ator's duty under this Act to remit taxes pursuant to thi s Section, the duty to remit such taxes remains with the marke tplace seller. (j) Nothing in t his Section affects the obligation of any consumer to remi t use tax for any taxable transaction for which a ce rtified service provider acting on behalf of a remote retailer or a marketplace facilitator does not collect and remit the appropriate tax. (k ) Nothing in this Section shall allow the Department to collect the retailers' occupat ion tax from both the marketplace facilitator and the marketplace seller. (Source: P.A. 103-592, eff. 1-1-25; 103-983, eff. 1-1-25; revised 11-26-24.) (35 ILCS 120/2-5) Sec. 2-5. Exemptions. Gross receipts from proceeds from the sale, which, on and after January 1, 2025, includes the lease, of the following tangi ble personal property are exempt from the tax impo sed by this Act: (1) Farm chemicals. (2) F arm machinery and equipment, both new and used, including t hat manufactured on special order, certified by the purch aser to be used primarily for production agriculture or St ate or federal agricultural programs, including ind ividual replacement parts for the machinery and equipm ent, including machinery and equipment purchased for lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery a nd agricultural chemical and fertilizer spreaders , and nurse wagons required to be registered under Secti on 3-809 of the Illinois Vehicle Code, but excludin g other motor vehicles required to be registered und er the Illinois Vehicle Code. Horticultural polyhouses o r hoop houses used for propagating, growing, or overwinte ring plants shall be considered farm machinery and equipmen t under this item (2). Agricultural c hemical tender tanks and dry boxes shall include units sold separately from a motor vehicle required to be license d and units sold mounted on a motor vehicle required to b e licensed, if the selling price of the tender is separate ly stated. Farm machinery and equipment shall include precision farming equipment that is installed or purchased to be instal led on farm machinery and equipment including, but not limited to, tract ors, harvesters, sprayers, planters, seeders, or spreaders. Precision farming equipment includes, but is not limited to , soil testing sensors, computers, monitors, software, global po sitioning and mapping systems, and other such equipment . Farm machinery and equ ipment also includes computers, sensors, software, and rela ted equipment used primarily in the computer-assisted oper ation of production agriculture facilities, equipment, and activities such as, but not limited to, the coll ection, monitoring, and correlation of animal and crop data for the purpose of form ulating animal diets and agricultural chemicals. Beginning on Janu ary 1, 2024, farm machinery and equipment also includes e lectrical power generation equipment used primarily for p roduction agriculture.

This item (2) is exempt from the provisions of Section 2-70. (3) Until July 1, 2003, distillation machinery and equipment, sold a s a unit or kit, assembled or installed by the retailer, certified by the user to be used only for the production of ethyl alcohol that will be used for co nsumption as motor fuel or as a component of motor fuel for the personal use of the user, and not subject to sale or resale. (4) Until July 1, 2003 and beginning again September 1, 2004 through August 30, 2014, graphic arts machine ry and equipment, including repair and replacement parts, b oth new and used, and including that manufactured on spec ial order or purchased for lease, certified by the purch aser to be used primarily for graphic arts production. E quipment includes chemicals or chemicals acting as ca talysts but only if the chemicals or chemicals acting as cata lysts effect a direct and immediate change upon a grap hic arts product. Beginning on July 1, 2017, graphic arts machinery and equipment is included in the manufac turing and assembling machinery and equipment exemption under p aragraph (14). (5) A motor vehicle that is used for automobile renting, as define d in the Automobile Renting Occupation and Use Tax Act. This paragr aph is exempt from the provisions of Section 2-70. (6) Personal property so ld by a teacher-sponsored student organization affiliated with an elementary or secondary school located in Illinois. (7) Until July 1, 2003, proce eds of that portion of the selling price of a passenger car the sale of which is subject to the Replacement Vehicle Tax . (8) Personal property sold to an Illinois county fair association for us e in conducting, operating, or promoting the county fair. (9) Personal property s old to a not-for-profit arts or cultural orga nization that establishes, by proof required by the Depart ment by rule, that it has received an exemption under Sect ion 501(c)(3) of the Internal Revenue Code and that is o rganized and operated primarily for the presentation or s upport of arts or cultural programming, activities, or se rvices. These organizations include, but are not limited to, music and dramatic arts organizations such as symphony orche stras and theatrical groups, arts and cultural service organizat ions, local arts councils, visual arts organizations, and media arts organizations. On and after July 1, 2001 (the effective date of Public Act 92-35), however, an entity otherwise eligible for thi s exemption shall not make tax-free purchases unless it has an active identification number issued by the Department. (10) Personal property sold by a corporation, society, association, foundation, institution, or organization, other than a limited liability company, that is organized and operated as a not-for-p rofit service enterprise for the benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise. (11) Except as otherwise provided in this Section, pe rsonal property sold to a governmental body, to a cor poration, society, association, foundation, or instituti on organized and operated exclusively for charitable, re ligious, or educational purposes, or to a not-for -profit corporation, society, association, foundation , institution, or organization that has no compensat ed officers or employees and that is organized and operated primarily for the recreation of persons 55 years of age or older. A limited liability company may qualify for the e xemption under this paragraph only if the limited liability company is organized and operated exclusively for educational purposes. O n and after July 1, 1987, however, no entity otherwise eligible fo r this exemption shall make tax-free purchases unle ss it has an active identification number issued by the De partment. (12) (Blank) . (12-5) On and after Ju ly 1, 2003 and through June 30, 2004, motor vehicles of t he second division with a gross vehicle weight in excess of 8,000 pounds that are subject to the commercial distrib ution fee imposed under Section 3-815.1 of the Il linois Vehicle Code. Beginning on July 1, 2004 and through Jun e 30, 2005, the use in this State of motor vehicles of the second division: (i) with a gross vehicle weight rat ing in excess of 8,000 pounds; (ii) that are subject to th e commercial distribution fee imposed under Section 3-815.1 of the Illinois Vehicle Code; and (iii) that are primarily used for commercial purposes. Through June 30, 2005, this exemption applies to repair and replacem ent parts added after the initial purchase of such a mot or vehicle if that motor vehicle is used in a manner that would qualify for the rolling stock exempti on otherwise provided for in this Act. For purposes o f this paragraph, "used for commercial purposes" means the transportation of persons or property in furtherance of any commercial or industrial enterprise whether for-hire or not. (13) Proceeds from sales to owners or lessors, lessees, or sh ippers of tangible personal property that is utilized by interstate carriers for hire for use as rolling stock moving in interstate commerce and equipment operated by a telecomm unications provider, licensed as a common carrier by the F ederal Communications Commission, which is permanently in stalled in or affixed to aircraft moving in interstate c ommerce. (14) Machinery and equipment that will be used by the purchaser, or a lessee of the purchaser, primarily in the process of manufacturing or assembling tangible personal property for wholesale or retail sale or lease, whether the sale or lease is made directly by the manufacturer or by som e other person, whether the materials used in the process are owned by the manufacturer or some other person, or whether the sale or lease is made apart from or as an incid ent to the seller's engaging in the service occupation of producing machines, tools, dies, jigs, patterns , gauges, or other similar items of no commercial value o n special order for a particular purchaser. The exemptio n provided by this paragraph (14) does not include machiner y and equipment used in (i) the generation of electricity f or wholesale or retail sale; (ii) the generation o r treatment of natural or artificial gas for wholesale or retail sale that is delivered to customers throu gh pipes, pipelines, or mains; or (iii) the treatmen t of water for wholesale or retail sale that is deliv ered to customers through pipes, pipelines, or mains. The provisions of Public Act 98-583 are declaratory of existing law as to the meaning and scope of this exemption. Beginning on July 1, 2017, the exemption provided by this paragraph (14) includes, but is not limited to, graphic arts machiner y and equipment, as defined in paragraph (4) of this Se ction. (15) Procee ds of mandatory service charges separately stated on custom ers' bills for purchase and consumption of food and beverages, to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute fo r tips to the employees who participate directly in p reparing, serving, hosting or cleaning up the food or beve rage function with respect to which the service charg e is imposed. (16) Tangible personal property sold to a purchaser if th e purchaser is exempt from use tax by operation of federal law. This paragraph is exempt from the provisions of Sectio n 2-70. (17 ) Tangible personal property sold to a common carrier by r ail or motor that receives the physical possession of the property in Illinois and that transports the property, or shares with another common carrier in the transportation of the property, out of Illi nois on a standard uniform bill of lading showing th e seller of the property as the shipper or consigno r of the property to a destination outside Illinois, for use outside Illinois . (18) Legal tender , currency, medallions, or gold or silver coinage issued by the State of Illinois, the government of the United State s of America, or the government of any foreign country, and bullion. (19) Until July 1, 2003, oil field exploration, drilling, an d production equipment, including (i) rigs and parts of ri gs, rotary rigs, cable tool rigs, and workover rigs, (i i) pipe and tubular goods, including casing and drill strin gs, (iii) pumps and pump-jack units, (iv) storage tanks and flow lines, ( v) any individual replacement part for oil field exp loration, drilling, and production equipment, and (vi) mach inery and equipment purchased for lease; but excluding moto r vehicles required to be registered under the Illinois Vehicle Code. (20) Photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by t he purchaser to be used primarily for photoprocess ing, and including photoprocessing machinery and equipmen t purchased for lease. ( 21) Until July 1, 2028, coal and aggregate exploration , mining, off-highway hauling, processing, maintenance, and reclamation equipment, including replacement parts and eq uipment, and including equipment purchased for lease, but e xcluding motor vehicles required to be registered under the Illinois Vehicle Code. The changes made to this Sectio n by Public Act 97-767 apply on and after July 1, 2003, but no claim for cred it or refund is allowed on or after August 16, 2013 (the eff ective date of Public Act 98-456) for such taxes paid during the period beginning July 1, 2003 and ending on A ugust 16, 2013 (the effective date of Public Act 98-456). (22) Unti l June 30, 2013, fuel and petroleum products sold to o r used by an air carrier, certified by the carrier to be used for consum ption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or retu rning from a location or locations outside the United St ates without regard to previous or subsequent domestic s topovers. Beginning Jul y 1, 2013, fuel and petroleum products sold to or used by an air carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of i ts business as an air common carrier, for a flight that (i ) is engaged in foreign trade or is engaged in trade between the United States an d any of its possessions and (ii) transports at least on e individual or package for hire from the city of originati on to the city of final destination on the same aircraft, w ithout regard to a change in the flight number of that aircraft. (23) A transaction in which the purchase or der is received by a florist who is located outside Illin ois, but who has a florist located in Illinois deliver t he property to the purchaser or the purchaser's donee in I llinois. (24) Fuel consu med or used in the operation of ships, barges, or vessels that are used primarily in or for the transportation of property or the conveyance of persons for hire on rivers bordering on this S tate if the fuel is delivered by the seller to the purchas er's barge, ship, or vessel while it is afloat upon that bo rdering river. (25) Except as provided in item (25-5) of this Section, a motor vehicle sold in this State to a nonresident even though th e motor vehicle is delivered to the nonresident in this S tate, if the motor vehicle is not to be titled in this Stat e, and if a drive-away permit is issued to the motor vehicle as provided in Section 3-603 of the Illinois Vehicl e Code or if the nonresident purchaser has vehicle regis tration plates to transfer to the motor vehicle upo n returning to his or her home state. The issuance of the drive-away permit or having the out-of-state reg istration plates to be transferred is prima facie evidence that the motor vehicle will not be titled in this State . (25-5) The ex emption under item (25) does not apply if the state in whic h the motor vehicle will be titled does not allow a recip rocal exemption for a motor vehicle sold and delivered in th at state to an Illinois resident but titled in Illinois. Th e tax collected under this Act on the sale of a motor veh icle in this State to a resident of another state that does not allow a reciprocal exemption shall be imposed at a rate equal to the state's rate of tax on taxable propert y in the state in which the purchaser is a resident, except that the tax shall not exceed the tax that would otherwis e be imposed under this Act. At the time of the sale, the purchaser shall execute a statement, signed under penalty of perjury, of his or her intent to title the vehicle in the state in which the purchaser is a resident within 30 days after the sale and of the fact of the payment to t he State of Illinois of tax in an amount equivalent to the state's rate of tax on taxable property in hi s or her state of residence and shall submit the st atement to the appropriate tax collection agency in his or her state of residence. In addition, the retailer must ret ain a signed copy of the statement in his or her records. No thing in this item shall be construed to require the removal of the vehicle from this state following the filing of an inten t to title the vehicle in the purchaser's state of res idence if the purchaser titles the vehicle in his or her state of r esidence within 30 days after the date of sale. The tax collecte d under this Act in accordance with this item (25-5 ) shall be proportionately distributed as if the tax were collected at the 6.25% general rate imposed under this Act . (25-7) Beginning o n July 1, 2007, no tax is imposed under this Act on the sale of an aircraft, as defined in Sectio n 3 of the Illinois Aeronautics Act, if all of the fol lowing conditions are met: (1) the aircraft leaves this State within 15 days after the later of either the issuance o f the final billing for the sale of the aircraft, or the au thorized approval for return to service, completion of the maintenance recor d entry, and completion of the test flight and ground test for inspection, as required by 14 CFR 91.407;

(2) the aircraf t is not based or registered in this State after t he sale of the aircraft; and

(3) the seller retains in his or her books and records and provides to the Department a s igned and dated certification from the purchaser, on a form prescribed by the Department, certifying that the requirements of this item (25-7) are met. T he certificate must also include the n ame and address of the purchaser, the address of the location where the air craft is to be titled or registered, the address of the primary physical location of the aircraft, and other inform ation that the Department may reasonably require. For purposes of this item (25-7): "Bas ed in this State" means hangared, stored, or otherw ise used, excluding post-sale customizations as defined in this Section, for 10 or more days in eac h 12-month period immediately following the date of the sale of the aircraft. "Registered in this State" means an aircraft r egistered with the Department of Transportation, A eronautics Division, or titled or registered with the Federal Aviation Administration to an address located in this State. This paragraph (25-7) i s exempt from the provisions of Section 2-70. (26) Semen used for artifi cial insemination of livestock for direct agricult ural production. (2 7) Horses, or interests in horses, registered with and mee ting the requirements of any of the Arabian Horse Club Regist ry of America, Appaloosa Horse Club, American Quarter Ho rse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of bre eding or racing for prizes. This item (27) is exempt from the provisions of Section 2-70, and the exemption provi ded for under this item (27) applies for all periods beginning May 30, 1995, but no claim for cr edit or refund is allowed on or after January 1, 2008 (the effective date of Public Act 95-88) for such taxes paid during the period beginning May 30, 2000 and ending on January 1, 2008 (the effective date of Public Act 95-88). (28) Compu ters and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients sold to a lessor wh o leases the equipment, under a lease of one year or longer e xecuted or in effect at the time of the purchase, to a hos pital that has been issued an active tax exemption identi fication number by the Department under Section 1g of this Act. (29) Per sonal property sold to a lessor who leases the property, under a lease of one year or longer executed or in effect at the time of the purchase, to a government al body that has been issued an active tax exemption id entification number by the Department under Section 1 g of this Act. (30) Beg inning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is donated fo r disaster relief to be used in a State or federally declar ed disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or institution that has been issued a sales tax exemption identification number by the Department that assists vi ctims of the disaster who reside within the declared disas ter area. (31) Beginnin g with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or befor e December 31, 2004, personal property that is used in the performance of infrastructure repairs in this State , including, but not limited to, municipal roads and stre ets, access roads, bridges, sidewalks, waste disposal systems, water and sewer line extensions, water di stribution and purification facilities, storm water drainage and retention facilities, a nd sewage treatment facilities, resulting from a State or f ederally declared disaster in Illinois or bordering Ill inois when such repairs are initiated on facilities l ocated in the declared disaster area within 6 months after the disaster.

(32) Beginning July 1, 199 9, game or game birds sold at a "game breeding and hunting preserve area" as that term is used in the Wildlife Code. This paragraph is exempt from the provisions of Sec tion 2-70. (33) A motor vehicle, as that term is defined in Section 1- 146 of the Illinois Vehicle Code, that is donated to a corporation, limited liability company, society, associati on, foundation, or institution that is determined by the Department to be organized and operated exclusively for educa tional purposes. For purposes of this exemption, "a corporation, limited liability company, society, asso ciation, foundation, or institution organized and operat ed exclusively for educational purposes" means all tax-s upported public schools, private schools that offer syst ematic instruction in useful branches of learning by meth ods common to public schools and that compare favorably in their scope and intensity with the course of stud y presented in tax-supported schools, and vocational or technical schools or institutes organi zed and operated exclusively to provide a course of study of not less than 6 weeks duration and designed to prepar e individuals to follow a trade or to pursue a manual, tech nical, mechanical, industrial, business, or commercial o ccupation. (34) Beginning January 1, 2000, personal property, including fo od, purchased through fundraising events for the benefi t of a public or private elementary or secondary s chool, a group of those schools, or one or more school districts if the events are sponsored by an entity re cognized by the school district that consists primarily of volunteers and includes parents and teachers of the s chool children. This paragraph does not apply to fundrais ing events (i) for the benefit of private home instruc tion or (ii) for which the fundraising entity purchases the personal property sold at the ev ents from another individual or entity that sold the prope rty for the purpose of resale by the fundraising entit y and that profits from the sale to the fundraising entity. This paragraph is exempt from the provisions of S ection 2-70. (35) Beginning January 1, 2000 and through December 31, 2001, new or used automatic vending machines that prepare and serve hot food and beverages, including coffee, soup, and other items, and replacement parts for these machines. Begi nning January 1, 2002 and through June 30, 2003, machines and parts for machines used in commercial, coin-operated amusemen t and vending business if a use or occupation tax is paid on the g ross receipts derived from the use of the commercial, co in-operated amusement and vending machines. This p aragraph is exempt from the provisions of Section 2-70. (35-5) Beginning August 23, 2001 and through June 30, 2016, food for human consumption that is to be consumed off t he premises where it is sold (other than alcoholic bevera ges, soft drinks, and food that has been prepared for imm ediate consumption) and prescription and nonprescription m edicines, drugs, medical appliances, and insulin, urine testin g materials, syringes, and needles used by diabetics, for human use, when purchased for use by a person receivi ng medical assistance under Article V of the Illinois Public Aid Code w ho resides in a licensed long-term care facil ity, as defined in the Nursing Home Care Act, or a licensed facility as defined in the ID/DD Community Care A ct, the MC/DD Act, or the Specialized Mental Health Rehabil itation Act of 2013. (36) Beginning August 2, 2001, computers and commun ications equipment utilized for any hospital purpose a nd equipment used in the diagnosis, analysis, or treatmen t of hospital patients sold to a lessor who leases the equ ipment, under a lease of one year or longer executed or in effect at the time of the purchase, to a hospital tha t has been issued an active tax exemption identification n umber by the Department under Section 1g of this Act. Th is paragraph is exempt from the provisions of Section 2-70. (37) B eginning August 2, 2001, personal property sold to a lessor who leases the property, under a lease of one year or longer executed or in ef fect at the time of the purchase, to a governmental body that has been issued an active tax exemption identifica tion number by the Department under Section 1g of this Act. This paragraph is exempt from the provisions of Sect ion 2-70.

(38) Beginning on January 1, 2002 and through June 30, 20 16, tangible personal property purchased from an Illinois retailer by a taxpayer engaged in centralized purchas ing activities in Illinois who will, upon receipt of the property in Illinois, temporarily store the property i n Illinois (i) for the purpose of subsequently transporting it outside this State for use or consumption thereafter so lely outside this State or (ii) for the purpose of being processed, fabricated, or manufactured into, attached to, or incorporated into other tangible personal property to be transported outside this State and thereafter used or consumed solely outside this State. The Director of Re venue shall, pursuant to rules adopted in accordance with the Illinois Administrative Procedure Act, issue a permit to any taxpayer in good standing with the Department who i s eligible for the exemption under this paragraph (3 8). The permit issued under this paragraph (38) shall aut horize the holder, to the extent and in the manner spe cified in the rules adopted under this Act, to purchase tangible persona l property from a retailer exempt from the taxes imposed by this Act. Taxpayers shall maintain all necessary b ooks and records to substantiate the use and consumption o f all such tangible personal property outside of the Sta te of Illinois. (39) Beginning Janua ry 1, 2008, tangible personal property used in the construction or maintenance of a community water supply, as defined under Section 3.145 of the Environmental Prot ection Act, that is operated by a not-for-profit corporation that holds a valid water supply per mit issued under Title IV of the Environmental Protection Act. This paragraph is exempt from the provisions of Section 2-70. (40) Beginning January 1, 2010 and continuing through Dec ember 31, 2029, materials, parts, equipment, com ponents, and furnishings incorporated into or upon an aircr aft as part of the modification, refurbishment, com pletion, replacement, repair, or maintenance of the airc raft. This exemption includes consumable supplies used i n the modification, refurbishment, completion, replac ement, repair, and maintenance of aircraft. However, u ntil January 1, 2024, this exemption excludes any material s, parts, equipment, components, and consumable s upplies used in the modification, replacement, repair, and maintenance of aircraft engines or power plants, whether such eng ines or power plants are installed or uninstalled upon any such aircraft. "Consumable supplies" include, but are n ot limited to, adhesive, tape, sandpaper, general purpos e lubricants, cleaning solution, latex gloves, and pr otective films. Begi nning January 1, 2010 and continuing through December 31, 2 023, this exemption applies only to the sale of qualif ying tangible personal property to persons who modify, r efurbish, complete, replace, or maintain an aircra ft and who (i) hold an Air Agency Certificate and are empowered to operate an approved repair station by th e Federal Aviation Administration, (ii) have a Class IV Rating, and (iii) conduct operations in accordance with Pa rt 145 of the Federal Aviation Regulations. The exemption does not include aircraft operated by a commercial air car rier providing scheduled passenger air service pursuant t o authority issued under Part 121 or Part 129 of the F ederal Aviation Regulations. From January 1, 2024 t hrough December 31, 2029, this exemption applies only to the sale of qualifying tangible personal prope rty to: (A) persons who modify, refurbish, complete, r epair, replace, or maintain aircraft and who (i) hold an Air Agency Certificate and are empowered to operate an app roved repair station by the Federal Aviation Administr ation, (ii) have a Class IV Rating, and (iii) conduct op erations in accordance with Part 145 of the Federal Aviation Regulations; and (B) persons who engag e in the modification, replacement, repair, and maintenance of aircraft engines or power plants without regard to whe ther or not those persons meet the qualifications of item (A). The changes made t o this paragraph (40) by Public Act 98-534 are declarative of existing law. It is the intent of the Gener al Assembly that the exemption under this paragraph ( 40) applies continuously from January 1, 2010 through De cember 31, 2024; however, no claim for credit or refund is allowed for taxes paid as a result of the disallow ance of this exemption on or after January 1, 2015 and prior to Febru ary 5, 2020 (the effective date of Public Act 101- 629). (41) Tangible p ersonal property sold to a public-facilities c orporation, as described in Section 11-65-10 o f the Illinois Municipal Code, for purposes of constructin g or furnishing a municipal convention hall, but only if t he legal title to the municipal convention hall is transferre d to the municipality without any further consideratio n by or on behalf of the municipality at the time o f the completion of the municipal convention hall or upon the retirement or redemption of any bonds or other debt instruments i ssued by the public-facilities corporation in connection with the development of the mu nicipal convention hall. This exemption includes existing public-facilities corporations as provided in Section 11-65-25 of t he Illinois Municipal Code. This paragraph is exempt from the provisions of Section 2-70. (42) Beginning January 1, 2017 and through December 31, 2026, menstrual pads, tampons, and mens trual cups. (43) Merch andise that is subject to the Rental Purchase Agr eement Occupation and Use Tax. The purchaser must certify that the item is purchased to be rented subject to a rental-p urchase agreement, as defined in the Rental-Purchase A greement Act, and provide proof of registration under the Rental Purchase Agreement Occupation and Use Tax Act. T his paragraph is exempt from the provisions of Section 2-70. (44) Qualifie d tangible personal property used in the constru ction or operation of a data center that has been gran ted a certificate of exemption by the Department of Com merce and Economic Opportunity, whether that tangible personal property is purchased by the owner, operator, or tenant of the data center or by a contractor or subcontractor of the owner, operator, or tenant. Data centers that would have qualified for a certificate of exemption prior to Ja nuary 1, 2020 had Public Act 101-31 been in eff ect, may apply for and obtain an exemptio n for subsequent purchases of computer equipment or enabli ng software purchased or leased to upgrade, supplement, or replace computer equipment or enabling software p urchased or leased in the original investment that would h ave qualified. T he Department of Commerce and Economic O pportunity shall grant a certificate of exemption under this item (44) t o qualified data centers as defined by Section 605-1 025 of the Department of Commerce and Economic O pportunity Law of the Civil Administrative Code of Il linois. For the purposes of th is item (44): "D ata center" means a building or a series of buildings rehabilitated or constructed to house working servers i n one physical location or multiple sites within the State of Illinois. "Qualified tangible personal property" me ans: electrical systems and equipment; climate contro l and chilling equipment and systems; mechanica l systems and equipment; monitoring and secure systems; emergency generators; hardware; computers; servers; d ata storage devices; network connectivity equipment; r acks; cabinets; telecommunications cabling infras tructure; raised floor systems; peripheral compon ents or systems; software; mechanical, electrical, or plumbing systems; battery systems; cooling sy stems and towers; temperature control systems; other ca bling; and other data center infrastructure equipm ent and systems necessary to operate qualified tangible personal property, including fixtures; and compo nent parts of any of the foregoing, including insta llation, maintenance, repair, refurbishment, and replac ement of qualified tangible personal property to generate, transform, transmit, distribute, or manag e electricity necessary to operate qualified tang ible personal property; and all other tangible personal property that is essential to the operations of a com puter data center. The term "qualified tangible persona l property" also includes building materials physically incorpora ted into the qualifying data center. To document the e xemption allowed under this Section, the retailer must obtain from the purchaser a copy of the certificate o f eligibility issued by the Department of Commerce and E conomic Opportunity. Th is item (44) is exempt from the provisions of Section 2-70. (45) Beginning January 1, 2020 and through December 31, 2020, sales of tangible personal property made by a marketplace s eller over a marketplace for which tax is due under this Act but for which use tax has been collected and remit ted to the Department by a marketplace facilitator under Se ction 2d of the Use Tax Act are exempt from tax under t his Act. A marketplace seller claiming this exemption shall maintain books and records demonstrating that the use tax on such sales has been collected and remitted by a marketplace facilitator. Marketplace sellers that have properly remitted tax under this Act on such sales may file a claim for credit as provided in Section 6 of this Act. No claim is allowed, however, for such taxes for which a credit or re fund has been issued to the marketplace facilitator und er the Use Tax Act, or for which the marketplace facilit ator has filed a claim for credit or refund under the Use Tax Act. (46) Beginning July 1, 2022, breast pumps, breast pump collection and storage sup plies, and breast pump kits. This item (46) is exempt from the provisions of Section 2-70. As used in this item (46): "Breast pump " means an electrically controlled or manually controlled pu mp device designed or marketed to be used to express milk from a human breast during lactation, includ ing the pump device and any battery, AC adapter, or other power supply unit that is used to power the pump device and is packaged and sold with the pump device at the time of sale. "Breast pump collection and storage supplies" means items of tangible person al property designed or marketed to be used in conjunction with a breast pump to collect milk expressed from a human breast and to store collected milk until it is ready for c onsumption. "Brea st pump collection and storage supplies" includes, but is not limited to: breast shields and breast shield connectors; breast pump tubes and tubing adapters; breast pu mp valves and membranes; backflow protectors and backflow protector adaptors; bottles and bottle caps specific to t he operation of the breast pump; and breast milk stora ge bags. "Breast pump c ollection and storage supplies" does not include: (1) bottles and bottle caps not specific to the operatio n of the breast pump; (2) breast pump travel bags a nd other similar carrying accessories, including ice packs , labels, and other similar products; (3) breast pump cle aning supplies; (4) nursing bras, bra pads, breast shells, and other similar products; and (5) creams, ointme nts, and other similar products that relieve breastfeeding -related symptoms or conditions of the breasts or nipples, unless sold as part of a breast pump kit that is pre-packaged by the breast pump manufacturer or distributor. "Breast pump kit" means a kit that: (1) contains no more than a breast pump, breast pump collection and storage supp lies, a rechargeable battery for operating the breast pump, a breastmilk cooler, bottle stands, ice packs, and a b reast pump carrying case; and (2) is pre-packaged as a breast pump kit by the breast pump manufacturer or distributo r. (47) Tangible person al property sold by or on behalf of the State Treasurer p ursuant to the Revised Uniform Unclaimed Property Act. T his item (47) is exempt from the provisions of Section 2-70. (48) Begin ning on January 1, 2024, tangible personal property purcha sed by an active duty member of the armed forces of t he United States who presents valid military identifi cation and purchases the property using a form of paymen t where the federal government is the payor. The member of the armed forces must complete, at the point of sale, a f orm prescribed by the Department of Revenue documenting that the transaction is eligible for the exemption und er this paragraph. Retailers must keep the form as documentation of the exemption in their re cords for a period of not less than 6 years. "Armed forces of the United States" means the United States Army, Navy, Ai r Force, Space Force, Marine Corps, or Coast Gu ard. This paragraph is exempt from the provisions of Sectio n 2-70. (49) Beginning July 1, 2024, home-delivered meals provided to Medicare or Medicaid recipients when payment is made by an intermediary, such as a Medicare Administrative Contractor, a Managed Care Organization, or a Med icare Advantage Organization, pursuant to a government contract . This paragraph (49) is exempt from the provisions of Sect ion 2-70. (50) (49) Beginning on January 1, 2026, as further defined in Section 2-10, fo od for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, food consisti ng of or infused with adult use cannabis, soft drinks, candy, and food that has been prepared for immediate consumption). This item (50) (49) is exempt from the provisions of Sect ion 2-70. (51) (49) Gross receipts from the lease o f the following tangible personal property: (1) computer software transferred subject to a lic ense that meets the following requirements: (A) it is evidenced by a written agreeme nt signed by the licensor and the customer; (i) an electronic agreement in which the customer acce pts the license by means of an electronic sig nature that is verifiable and can be authenti cated and is attached to or made part of t he license will comply with this requirement; (ii) a license ag reement in which the customer electronically accepts the terms b y clicking "I agree" does not comply with this r equirement; (B) it restricts the customer's d uplication and use of the software; (C) it prohibits the customer from licensing, sublicensing, o r transferring the software to a third party ( except to a related party) without the permi ssion and continued control of the licensor;

(D) the li censor has a policy of providing another copy a t minimal or no charge if the customer loses or d amages the software, or of permitting the l icensee to make and keep an archival copy, and such policy is either stated in the license agreement, supported by the licensor's books and records, or supported b y a notarized statement made under penalties of perjury by the licensor; and (E) the customer must destroy or return all copies of the soft ware to the licensor at the end of the license period; this provision is deemed to be met, in th e case of a perpetual license, without being set forth in the license agreement; and (2) property that is subject to a tax on lease receipts imposed by a home rule unit of local government if the ordinance imposing that tax was adopted prior to January 1, 2023. (Source: P.A. 102-16, eff. 6-17-21; 102-634, eff. 8-27-21; 102-700, Article 70, Section 70-20, eff. 4-19-22; 102-700, Article 75, Section 75-20, eff. 4-19-22; 102-813, eff. 5-13-22; 102-1026, eff. 5-27-22; 103-9, Article 5, Section 5-20, eff. 6-7-23; 103 -9, Article 15, Section 15-20, eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24; 103-592, eff. 1-1-25; 103-605, ef f. 7-1-24; 103-643, eff. 7-1-24; 103-746, eff. 1-1-25; 103-781, eff. 8-5-24; 103-995, eff. 8-9-24; revised 11-26-24.)

(35 ILCS 120/2-10) from Ch. 120, par. 441-10 Sec. 2-10. Rate of tax. Unless otherwise provided in this Section, the tax imposed by this Act is at the rate of 6.25% of gross rece ipts from sales, which, on and after January 1, 2025, includes leases , of tangible personal property made in the course of business.

Beginning on July 1, 2000 and through December 31, 2000, with respect to motor fuel, as defined in Section 1.1 of the Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of the Use Tax Act, the tax is imposed at the rate of 1.25%. Beginning on August 6, 2010 through August 15, 20 10, and beginning again on August 5, 2022 through August 14, 2022, with respect to sales tax holiday items as defined in Section 2-8 of this Act, the tax is imposed at the rate of 1.25%.

Within 14 days after July 1, 2000 (the effec tive date of Public Act 91-872), each retailer of motor f uel and gasohol shall cause the following notice to be posted in a prominently visible place on each retail dispen sing device that is used to dispense motor fuel or gasohol in the State of Illinois: "As of July 1, 2000, the State of Illi nois has eliminated the State's share of sales tax on motor f uel and gasohol through December 31, 2000. The price on this pu mp should reflect the elimination of the tax." The notice shall be printed in bold print on a sign that is no smaller than 4 inches by 8 inches. The sign shall be clearly visible to customers. Any retailer wh o fails to post or maintain a required sign through December 3 1, 2000 is guilty of a petty offense for which the fine sha ll be $500 per day per each retail premises where a violation occurs. With respect to gasohol, as def ined in the Use Tax Act, the tax imposed by this Act applies to (i) 70% of the proceeds of sales made on or after January 1 , 1990, and before July 1, 2003, (ii) 80% of the proceeds of sales made on or after July 1, 2003 and on or before July 1, 20 17, (iii) 100% of the proceeds of sales made after July 1 , 2017 and prior to January 1, 2024, (iv) 90% of the proceeds o f sales made on or after January 1, 2024 and on or before Dece mber 31, 2028, and (v) 100% of the proceeds of sales made after December 3 1, 2028. If, at any time, however, the tax under this Act on s ales of gasohol, as defined in the Use Tax Act, is imposed at the rat e of 1.25%, then the tax imposed by this Act applies to 100% of the proceeds of sales of gasohol made during that time. With respect to mid-range ethanol blends, as defined in Section 3-44.3 of the Use Tax Act, t he tax imposed by this Act applies to (i) 80% of the proceeds of sale s made on or after January 1, 2024 and on or before December 31 , 2028 and (ii) 100% of the proceeds of sales made after December 31, 2028. If, at any time, however, the tax under this Act on sales of mid -range ethanol blends is imposed at the rate of 1.25%, th en the tax imposed by this Act applies to 100% of the proceeds of sales of mid-range ethanol blends made during that tim e. With respect to majori ty blended ethanol fuel, as defined in the Use Tax Act, the tax imposed by this Act does not apply to the proceeds of sales made on or after July 1, 2003 and on or before December 3 1, 2028 but applies to 100% of the proceeds of sales mad e thereafter. With respect to biodiesel blen ds, as defined in the Use Tax Act, with no less than 1% and no more than 10% biodiesel, the tax imposed by this Act appli es to (i) 80% of the proceeds of sales made on or after July 1 , 2003 and on or before December 31, 2018 and (ii) 100% of the proce eds of sales made after December 31, 2018 and before Janu ary 1, 2024. On and after January 1, 2024 and on or before Dec ember 31, 2030, the taxation of biodiesel, renewable diesel, a nd biodiesel blends shall be as provided in Section 3-5. 1 of the Use Tax Act. If, at any time, however, the tax under t his Act on sales of biodiesel blends, as defined in the Use Tax Act, wit h no less than 1% and no more than 10% biodiesel is impose d at the rate of 1.25%, then the tax imposed by this Act applie s to 100% of the proceeds of sales of biodiesel blends with no less than 1% and no more than 10% biodiesel made during t hat time. With respect to biodiesel, as defi ned in the Use Tax Act, and biodiesel blends, as defined in th e Use Tax Act, with more than 10% but no more than 99% biodies el, the tax imposed by this Act does not apply to the proceeds of sales made on or after July 1, 2003 and on or before December 31, 2023. On and after January 1, 2024 and on or before December 31, 2030, th e taxation of biodiesel, renewable diesel, and biodiesel b lends shall be as provided in Section 3-5.1 of the Use T ax Act. Until July 1, 2022 and from July 1, 2023 through December 31, 2025, with respect to food for human consumption that is to be consumed off the premises where it i s sold (other than alcoholic beverages, food consisting of or infused with adult use cannabis, soft drinks, and food that has been prepared for immediate consumption), the tax i s imposed at the rate of 1%. Beginning July 1, 2022 an d until July 1, 2023, with respect to food for human consum ption that is to be consumed off the premises where it is sold ( other than alcoholic beverages, food consisting of or i nfused with adult use cannabis, soft drinks, and food that has been prepared for immediate consumption), the tax is imp osed at the rate of 0%. On and after January 1, 2026, food for human consumption that is to be cons umed off the premises where it is sold (other tha n alcoholic beverages, food consisting of or infused with adu lt use cannabis, soft drinks, candy, and food that has been p repared for immediate consumption) is exempt from the tax impo sed by this Act. With respect to prescr iption and nonprescription medicines, drugs, medical appliances , products classified as Class III medical devices by the United States Food and Drug Administration that are used for cancer treatment pursuant to a prescription, as w ell as any accessories and components related to those device s, modifications to a motor vehicle for the purpose of ren dering it usable by a person with a disability, and insulin, blood sugar testing materials, syringes, and needles used by human diabetics, the tax is imposed at the rate of 1%. For the purposes of this Sec tion, until September 1, 2009: the term "soft drinks" means a ny complete, finished, ready-to-use, non-alco holic drink, whether carbonated or not, including, but not limited to, soda water, cola, fruit juice, vegetable juice, carbo nated water, and all other preparations commonly known as soft drinks of whatever kind or description that are contained in any closed or sealed bottle, can, carton, or container, regardless of size; but "so ft drinks" does not include coffee, tea, non-carbonated water, infant formula, milk or milk products as defined i n the Grade A Pasteurized Milk and Milk Products Act, or drinks containing 50% or more natural fruit or vegetable juice. Notwithstanding any other provisio ns of this Act, beginning September 1, 2009, "soft drinks" means n on-alcoholic beverages that contain natural or artificial sweeteners. "Soft drinks" does not include beverage s that contain milk or milk products, soy, rice or similar m ilk substitutes, or greater than 50% of vegetable or fruit j uice by volume. Until August 1, 2009, and n otwithstanding any other provisions of this Act, "food for hu man consumption that is to be consumed off the premises wher e it is sold" includes all food sold through a vending machin e, except soft drinks and food products that are dispensed hot from a vending machine, regardless of the location of the vending machine. Beginning August 1, 2009, and notwithst anding any other provisions of this Act, "food for human consumption t hat is to be consumed off the premises where it is sold" includes all food sold through a vending machine, excep t soft drinks, candy, and food products that are dispensed hot from a vending machine, regardless of the location of the ve nding machine. Notwithstanding any other provisions of this Act, beginning September 1, 2009, "food for human consumption that is to be consumed off the premises where it is sold" does not include candy. For purposes of this Section, "candy" means a preparation of sugar, honey , or other natural or artificial sweeteners in com bination with chocolate, fruits, nuts or other ingredients o r flavorings in the form of bars, drops, or pieces. "Candy" does not include any preparation that contains flour or r equires refrigeration. Notwithstanding any o ther provisions of this Act, beginning September 1, 2009, "no nprescription medicines and drugs" does not include grooming and hygiene products. For purposes of this Section, "grooming and hygiene products" includes, but is not limited to, soaps and cleaning solu tions, shampoo, toothpaste, mouthwash, antiperspirants, and sun tan lotions and s creens, unless those products are available by prescription only , regardless of whether the products meet the definition of "over-the-counter-drugs". For the purposes o f this paragraph, "over-the-counter-drug" mean s a drug for human use that contains a label that identifie s the product as a drug as required by 21 CFR 201.66. The "over-the-counter-dru g" label includes: (A) a "Drug Facts" panel; or (B) a s tatement of the "active ingredient(s)" with a list of those i ngredients contained in the compound, substance or preparation.

Beginning on January 1 , 2014 (the effective date of Public Act 98-12 2), "prescription and nonprescription medicines and dru gs" includes medical cannabis purchased from a registered di spensing organization under the Compassionate Use of Me dical Cannabis Program Act. As used in this Sec tion, "adult use cannabis" means cannabis subject to tax under the Cannabis Cult ivation Privilege Tax Law and the Cannabis Purchaser Excise Tax Law and does not i nclude cannabis subject to tax under the Compassionate Use of Medical Cannabis Program Act.

(Source: P.A. 102-4, eff. 4-27-21; 102-700, Article 20, Section 20-20, eff. 4-19-22; 102-700, Article 60, Section 60-30, eff. 4-19-22; 102-700, Article 65, Section 65-10, ef f. 4-19-22; 103-9, eff. 6-7-23; 103-154, eff. 6-30-23; 103-592, eff. 1-1-25; 103-781, eff. 8-5-24; revised 11-26-24.) (35 ILCS 120/2-12) Sec. 2-12. Location where retailer is deemed to be engaged in the business of selling. The purpose of this Section is to specify where a re tailer is deemed to be engaged in the business of selling tangi ble personal property for the purposes of this Act, the Use Ta x Act, the Service Use Tax Act, and the Service Occupation Ta x Act, and for the purpose of collecting any other local reta ilers' occupation tax administered by the Department. This S ection applies only with respect to the particular sel ling activities described in the following paragraphs. The provision s of this Section are not intended to, and shall not be in terpreted to, affect where a retailer is deemed to be engaged in the business of selling with respect to any activity that is not specifically described in th e following paragraphs. (1) If a purchaser who is present at the retailer's place of business, having no prior commitment to the retailer, ag rees to purchase and makes payment for tangible per sonal property at the retailer's place of business, then t he transaction shall be deemed an over-the-counter sale occurring at the retailer's same place of bu siness where the purchaser was present and made payment f or that tangible personal property if the retailer regular ly stocks the purchased tangible personal property or si milar tangible personal property in the quantity, or similar quantity, for sale at the retailer's same place of business and then either (i) the purchaser takes possess ion of the tangible personal property at the same place of business or (ii) the retailer delivers or arranges for the tangible personal property to be delivered to the purchaser. (2) If a purchaser, having no prior commitment to the retailer, agrees to purchase tangible personal property and makes pa yment over the phone, in writing, or via the Internet and takes possession of the tangible personal property at the retailer's place of business, then the sale shall be d eemed to have occurred at the retailer's place of business wh ere the purchaser takes possession of the property if t he retailer regularly stocks the item or similar items in the quantity, or similar quantities, purchased by the purch aser. (3) A retailer is deemed to be engaged in the business of selling food, beverages, or other tangible personal property through a v ending machine at the location where the vending machine is located at the time the sale is made if (i) the vending machine is a device operated by coin, curren cy, credit card, token, coupon or similar device; (2) the food, bevera ge or other tangible personal property is contained with in the vending machine and dispensed from the vending mach ine; and (3) the purchaser takes possession of the purch ased food, beverage or other tangible personal prope rty immediately.

(4) Minerals. A producer of coal or other mineral min ed in Illinois is deemed to be engaged in the business of se lling at the place where the coal or other mineral min ed in Illinois is extracted from the earth. With respe ct to minerals (i) the term "extracted from the earth" means the location at which the coal or other mineral i s extracted from the mouth of the mine, and (ii) a "miner al" includes not only coal, but also oil, sand, stone taken from a quarry, gravel and any other thing commonly regar ded as a mineral and extracted from the earth. This paragraph doe s not apply to coal or another mineral when it is delivered o r shipped by the seller to the purchaser at a point outside Illinois so that the sale is exempt under the United States Constitution as a sale in interstate or foreign com merce. (5) A retailer selling tangible personal property to a nominal lessee or bailee pursuant to a lease wit h a dollar or other nominal option to purchase is engag ed in the business of selling at the location where the property is first delivered to the less ee or bailee for its intended use. (5.5) Lease transactions. The lease of tangible personal property that i s subject to the tax on leases under Public Act 103-592 this amend atory Act of the 103rd General Assembly is sourced as follows: (i) For a lease that requires recurrin g periodic payments and for which the property is del ivered to the lessee by the lessor, each periodic payme nt is sourced to the primary property location for eac h period covered by the payment. The primary proper ty location shall be as indicated by an address for the property provided by the lessee that is availa ble to the lessor from its records maintained in the ordinary course of busi ness, when use of this address does not constitute bad faith. The property location is not altered by intermittent use at different locations, such as use of business property that accompanies employees on business trips and service calls. (ii) For all other leases, including a lease that does not require recurring periodic payments and any lease for whi ch the lessee takes possession of the property at the l essor's place of business, the payment is sourced as otherw ise provided under this Act for sales at retail other than leases. ( 6) Beginning on January 1, 2021, a remote retailer m aking retail sales of tangible personal property that me et or exceed the thresholds established in pa ragraph (1) or (2) of subsection (b) of Section 2 o f this Act is engaged in the business of selling at the Illinois location to which the tangible persona l property is shipped or delivered or at which possession is taken by the purchaser. (7) Beginning January 1, 2021, a marketplace fa cilitator facilitating sales of tangible personal propert y that meet or exceed one of the thresholds established i n paragraph (1) or (2) of subsection (c) of Section 2 of this Act is deemed to be engaged in the business of selling at the Illinois location to which the tangible perso nal property is shipped or delivered or at which posses sion is taken by the purchaser when the sale is made by a marketplace seller on the marketplace facilitator's ma rketplace. (8) Beginnin g on January 1, 2025, for sales that would otherwise b e sourced outside of this State, a retailer maintain ing a place of business in this State that makes retail sales of tangible personal pro perty to Illinois customers from a location or locations outside of Illinois is engaged in the business of selling at the Illinois location to which the tangible personal property is shipped or delivered or at which possession is taken b y the purchaser. (Source: P.A. 103-592, eff. 1-1 -25; 103-983, eff. 1-1-25; revised 11-26-24.) Section 310. The Hotel Operator s' Occupation Tax Act is amended by changing Sections 2 and 6 as follows: (35 ILC

S 145/2) (from Ch. 120, par. 481b.32)

Sec. 2. Definitions. As used in this Act, unless the context otherwise require s: (1) "Hotel" means any buildi ng or buildings in which the public may, for a considerat ion, obtain living quarters, sleeping or housekeeping accommodation s. The term includes, but is not limited to, inns, motels, touris t homes or courts, lodging houses, rooming houses and apart ment houses, retreat centers, conference centers, and hunting lodges. For the purposes of re-renters of hotel rooms only, "hotel" does not include a short-term rental. (2) "Operator" means any person engaged in th e business of renting, leasing, or letting rooms in a hotel. (3) "Occupancy" means the use or possession, o r the right to the use or possession, of any room or rooms in a hotel for any purpose, or the right to the use or posse ssion of the furnishings or to the services and accommodat ions accompanying the use and possession of the room or r ooms. (4) "Room" or "rooms" means any living quarters, sleeping or housekeeping accommodat ions. (5) "Permanent reside nt" means any person who occupied or has the right to occupy any room or rooms, regardless of whether or not it is the same room or rooms, in a hotel for at least 30 consecutive days. (6) "Rent" or "rental" means the consideration rece ived for occupancy, valued in money, whether received in money or o therwise, including all receipts, cash, credits, and property or services of any kind or nature. "Rent" or "re ntal" includes any fee, charge, or commission re ceived from a guest by a re-renter of hotel rooms specifically in connect ion with the re-rental of hotel rooms, but does not include any fee, charge, or commission recei ved from a short-term rental by a hosting platform. (7) "Department" means the Department of Revenue. (8) "Person" means any natural individua l, firm, partnership, association, joint stock company, joint a dventure, public or private corporation, limited liability company, or a receiver, executor, trustee, guardian, or other representative appointed by order of any court. (9) "Re-renter of hotel rooms" means a person who is not employed by the hotel opera tor but who, either directly or indirectly, through agree ments or arrangements with third parties, collects or processes the payment of rent for a hotel room located in this St ate and (i) obtains the right or authority to grant control of, acce ss to, or occupancy of a hotel room in this State to a guest of t he hotel or (ii) facilitates the booking of a hotel room located in this State. A person who obtains those rights or a uthorities is not considered a re-renter of a hotel room if the person operates under a shared hotel brand with the opera tor. (10) "Hosting platform" or "platform" means a person who provides an online application, software, webs ite, or system through which a short-term rental located in this Stat e is advertised or held out to the public as available to r ent for occupancy. For purposes of this definition, "short-term rental" means an owner-occupied, tenant-oc cupied, or non-owner-occupied dwelling, including, but not limited to, an apartment, house, cottage, or condomini um, located in this State, where: ( i) at least one room in the dwelling is rented to an occu pant for a period of less than 30 consecutive days; and (ii) all accommodations are reserved in advance; provided, however, that a dwelling shall be considered a single r oom if rented as such. (11) "Shared hotel brand" means an identifying trademark that a hotel operator is expressly licens ed to operate under in accordance with the terms of a hotel franchise or management agreement.

(Source: P.A. 103-592, eff. 7-1-24; revised 10-21-24.) (35 ILCS

145/6) (from Ch. 120, par. 481b.36) Sec. 6. Returns; allocation of proceeds. (a) Except as provided hereinafter in this Section, on or before th e last day of each calendar month, every person engage d as a hotel operator in this State during the prec eding calendar month shall file a return with the De partment, stating:

1. the name of the operator; 2. his residence address and the address of hi s principal place of business and the address of the p rincipal place of business (if that is a different addres s) from which he engages in business as a hotel opera tor in this State (including, if required by the De partment, the address of each hotel from whic h rental receipts were received);

3. total amount of rental receipts received by him during the preceding calendar month from engagi ng in business as a hotel operator during such precedin g calendar month; 4. tota l amount of rental receipts received by him during the prec eding calendar month from renting, leasing or letting room s to permanent residents during such preceding calendar mo nth; 5. total amount of other exclusions from gross rental receipts allowed by th is Act; 6. gross ren tal receipts which were received by him during the preceding c alendar month and upon the basis of which the tax is imposed; 7. the amo unt of tax due; 8. credit for any reimbursement of tax pa id by a re-renter of hotel rooms to hotel operato rs for rentals purchased for re-rental, as provided in S ection 3-3 of this Act;

9. such other reasonable information as the Department may require. If the operator's average mont hly tax liability to the Department does not exceed $200, th e Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 30 of such year; with th e return for April, May and June of a given year bei ng due by July 31 of such year; with the return for Jul y, August and September of a given year being due by October 31 of such year, and with the return for October, November and D ecember of a given year being due by January 31 of the following year. If the operator's average monthly tax liabil ity to the Department does not exceed $50, the Departmen t may authorize his returns to be f iled on an annual basis, with the return for a given year b eing due by January 31 of the following year. Such quarter annual and annual returns, as to form and substan ce, shall be subject to the same requirements as monthly return s. Notwithstanding any other provision in this Act concerning the time within which an operator may file his return, in the case of any operator who cea ses to engage in a kind of b usiness which makes him responsible for filing returns under this Act, such operator shall file a final return under this Act with the Department not more than one 1 month af ter discontinuing such business. W here the same person has more than one 1 business reg istered with the Department under separate registrations under this Act, such person shall not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such regi stered business. In his return, the operato r shall determine the value of any consideration other than money received by him in connection with engaging in business as a hotel opera tor and he shall include such value in his return. Such deter mination shall be subject to review and revision by the Departme nt in the manner hereinafter provided for the correction of returns. Where the operator is a corp oration, the return filed on behalf of such corporation sh all be signed by the president, vice-president, secreta ry or treasurer or by the properly accredited agent of such c orporation. The person filing the return h erein provided for shall, at the time of filing such return, pa y to the Department the amount of tax herein imposed. The op erator filing the return under this Section shall, at the t ime of filing such return, pay to the Department the amount of tax imposed by this Act less a discount of 2.1% or $25 per calendar year, whichever is greater, which is allowed to reimburse the operator for the exp enses incurred in keeping records, preparing and filing retu rns, remitting the tax and supplying data to the Departme nt on request. If any payment provided for i n this Section exceeds the operator's liabilities under this A ct, as shown on an original return, the Department may auth orize the operator to credit such excess payment against li ability subsequently to be remitted to the Department under thi s Act, in accordance with reasonable rules adopted by the Dep artment. If the Department subsequently determines that all or any part of the credit taken was not actually due t o the operator, the operator's discount shall be reduced by an amount equal to the difference between the discount as ap plied to the credit taken and that actually due, and that opera tor shall be liable for penalties and interest on such diffe rence. (b) Until July 1, 2024, the Departme nt shall deposit the tot al net revenue realized from the tax imposed under this A ct as provided in this subsection (b). Beginning on July 1, 2024, the Department shall deposit the total n et revenue realized from the tax imposed under this Act as provided in subsection (c). There shall be deposited into the Build Illinois Fund in the State treasury Treasury for each State fiscal year 40% of the amount of tot al net revenue from the tax imposed by subsection (a) of Sect ion 3. Of the remaining 60%: (i) $5,000,000 shall be deposited into the Illinois Sports Facilities Fund and credited to the Subsidy Account each fiscal year by making month ly deposits in the amount of 1/8 of $5,000,000 plus cumulat ive deficiencies in such deposits for prior months, and (ii) an amount equal to the then applicable Advance Amount, a s defined in subsection (d), shall be deposited into the Illinois Sports Facilities Fund and credited to the Adv ance Account each fiscal year by making monthly deposits in the amount of 1/8 of the then applicable Advance Amount plus any c umulative deficiencies in such deposits for prior months. (The deposits of the then applicable Advance Amount during each fiscal year shall be treated as advances of funds to the Illinois Sports Facilities Authority for its co rporate purposes to the extent paid to the Authority or its t rustee and shall be repaid into the General Revenue Fund i n the State treasury Treasury by the State Treasurer on behalf of the Authority pursuant to Section 19 of the Illinois Sports Facilities Autho rity Act, as amended. If in any fiscal year the full amount of the then applica ble Advance Amount is not repaid into the General Revenu e Fund, then the deficiency shall be paid from the amount in the Local Government Distributive Fund that would otherwise b e allocated to the City of Chicago under the State Revenue Sh aring Act.) Of the remaining 60% of the amo unt of total net revenue beginning on August 1, 2011 through Ju ne 30, 2023, from the tax imposed by subsection (a) of Sect ion 3 after all required deposits into the Illinois Sports Faci lities Fund, an amount equal to 8% of the net revenue realiz ed from this Act during the preceding month shall be deposit ed as follows: 18% of such amount shall be deposited into the C hicago Travel Industry Promotion Fund for the purposes described in subsection (n) of Section 5 of the Metropolitan Pier and Expos ition Authority Act and the remaining 82% of such amount shall be deposited into the Local Tourism Fund each month for purpos es authorized by Section 605-705 of the Department of Commerce and Economic Opportunity Law. Beginning on August 1, 2011 and through June 30, 2023, an amount equal to 4.5% of the net revenue realized from this Act during the p receding month shall be deposited as follows: 55% of such amou nt shall be deposited into the Chicago Travel Industry Promotion Fu nd for the purposes described in subsection (n) of Section 5 of the Metropolitan Pier and Exposition Authority Act and the remaining 45% of such amount deposited into the Internatio nal Tourism Fund for the purposes authorized in Section 605-707 of the Department of Commerce and Economic Opportunity Law. Be ginning on July 1, 2023 and until July 1, 2024, of the remai ning 60% of the amount of total net revenue realized from the tax imposed under subsection (a) of Section 3, after all required deposits into the Illinois Sports Facilities Fund: (1) an amount equal to 8% of the net revenue realized under this Act for the preced ing month shall be deposited as follows: 82% to the Local Tourism Fund and 18% to the Chicago Travel Industry Promotion Fund; and (2) an amount equal to 4.5% of the net revenue realized under this Act for the preceding m onth shall be deposited as follows: 55% to the Chicago Trave l Industry Promotion Fund and 45% to the International Tourism Fund. After making all th ese deposits, any remaining net revenue realized from th e tax imposed under subsection (a) of Section 3 shall be depo sited into the Tourism Promotion Fund in the State treasury Treasury. All moneys received by the Dep artment from the additional tax imposed under subsection (b) of Section 3 shall be deposited into the Build Illinois Fund in the State treasury Treasury. (c) Beginning on July 1, 2024, the total net revenue realized from the tax i mposed under this Act for the preceding month shall be depo sited each month as follows:

(1) 50% shall be deposited into the Build Illinoi s Fund; and

(2) the remaining 50% shall be deposited in the following order of priority:

(A) First: (i) $5,000,000 shall be deposited into the Illinois Sports Facilities Fund and credited to the Subsidy Account each fiscal year by making mon thly deposits in the amount of one-eig hth of $5,000,000 plus cumulative deficienci es in those deposits for prior months; and

(ii) an amount equal to the then applicable Advance A mount, as defined in subsection (d), shall be de posited into the Illinois Sports Facilities Fund an d credited to the Advance Account each fisca l year by making monthly deposits in the amount of one-eighth of the then applicable A dvance Amount plus any cumulative deficiencies in such deposits for prior months; the deposits of th e then applicable Advance Amount during each fiscal year shall be treated as a dvances of funds to the Illinois Sports Facilities Authority f or its corporate purposes to the extent paid to t he Illinois Sports Facilities Authority or its trus tee and shall be repaid into the General Revenue Fu nd in the State treasury Treasury by the State Trea surer on behalf of the Authority pursuant to S ection 19 of the Illinois Sports Facilities Au thority Act; if, in any fiscal year, the full amount of the Advance Amo unt is not repaid into the General Revenue Fund, then the defi ciency shall be paid from the amount in the Local Gov ernment Distributive Fund that would otherwise be all ocated to the City of Chicago under the State Revenue Sharing Act; and (B) after all r equired deposits into the Illinois Sports Facilities Fund under paragraph (A) have bee n made each month, the remainder shall be deposited as follow s: (i) 56% into the Tourism Promotion Fund; (ii) 23% into the Local Tourism Fund; (iii) 14% into the Chica go Travel Industry Promotion Fund; and (iv) 7% into the International T ourism Fund. (d) As used in subsections (b) and (c): "Advance Amount" means, for fisca l year 2002, $22,179,000, and for subsequent fiscal years th rough fiscal year 2033, 105.615% of the Advance Amount for the immediately preceding fiscal year, rounded up to the nearest $1,000.

"Net revenue realized" means the revenue collected by the State under this Act less the amount paid ou t as refunds to taxpayers for overpayment of liability u nder this Act. (e) The Department may, upo n separate written notice to a taxpayer, require the taxpayer t o prepare and file with the Department on a form prescribed by the Department within not less than 60 days after receipt of t he notice an annual information return for the tax year spe cified in the notice. Such annual return to the Department sh all include a statement of gross receipts as shown by the operator's last State income tax return. If the total rece ipts of the business as reported in the State income tax retur n do not agree with the gross receipts reported to th e Department for the same period, the operator shall attach to his annual information return a schedule showing a reconciliati on of the 2 amounts and the reasons for the difference. T he operator's annual information return to the Department sh all also disclose payroll information of the operator's business during the ye ar covered by such return and any additional reasonable in formation which the Department deems would be helpful in determ ining the accuracy of the monthly, quarterly or annual ta x returns by such operator as hereinbefore provided for in this Secti on. If the annual information return requi red by this Section is not filed when and as required the taxpa yer shall be liable for a penal ty in an amount determined in accordance with Section 3-4 of the Uniform Penalty and Interest Act until such ret urn is filed as required, the penalty to be assessed and colle cted in the same manner as any other penalty provided for in this Act. The chief executive officer, proprietor, owner or highest ranking manager shall si gn the annual return to certify the accuracy of the information contained therein. Any person who willfully signs t he annual return containing false or inaccurate infor mation shall be guilty of perjury and punished accordingly. T he annual return form prescribed by the Department shall includ e a warning that the person signing the retu rn may be liable for perjury. The foregoing portion of this Section concer ning the filing of an annual information return shall not apply to an operator who is not required to file an income tax return with the United States Government.(Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 6-7-23; 103-592, eff. 7-1-24; 103-642, eff. 7-1-24; revised 8-12-24.) Section 315. The Automobile Renting Oc cupation and Use Tax Act is amended by changing Sections 2 and 6 as follows: (35 ILCS 155/2) (from Ch. 120, par. 1702) Sec. 2. Defi nitions. As used in this A ct: "Renting" means any transfer of the possession or right to possession of an automobile to a user for a valuable consideration for a period of one year or less. "Renting" does not include making a charge for the use of an automobile where the rentor, either himself or through an agent, furnishes a service of operating an automobile so that the rento r remains in possession of the automobile, because this d oes not constitute a transfer of possession or right to posses sion of the automobile. "Renting" does not include the making of a charge by an automobile dealer for the use of an aut omobile as a demonstrator in connection with the dealer's business o f selling, where the charge is merely made to recover the costs of ope rating the automobile as a demonstrator and is not intended a s a rental or leasing charge in the ordinary sense. "Renting" does not include peer-to-peer car sha ring, as defined in Section 5 of the Car-Sharing Program Act, if tax due on the automobile under the Retailers' Occu pation Tax Act or Use Tax Act was paid upon the purchase of the automobile or when the automobile was brought into Illinois. The car-sharing program shall ask a shared-vehicle shared vehicle owner if the shared-vehicle shared vehicle own er paid applicable taxes at the time of purchase. Notwi thstanding any law to the contrary, the car-shar ing program shall have the right to rely on the shared -vehicle shared vehicle own er's response and to be held legally harmless for such reliance . "Automobile" means (1) any motor vehicle of the first division, or (2) a motor vehicle of t he second division which: (A) is a self-contained motor v ehicle designed or permanently converted to provide living quarters for recreational, camping or travel use, with direct walk thr ough access to the living quarters from the driver's seat; (B) is of the van configuration designed for the transport ation of not less than 7 nor more than 16 passengers, as defined in Section 1-146 of the Illinois Vehicle Code; or ( C) has a Gross Vehicle Weight Rating, as defined in Section 1 -124.5 of the Illinois Vehicle Code, of 8,000 pounds or l ess. "Department" means the Department of Revenue.

"Person" means any natural individual, firm, partnership, association, joint stock company, joint adventure , public or private corporation, limited liability company , or a receiver, executor, trustee, conservator, or other representative appointed by order of any cou rt. "Rento r" means any person, firm, corporation, or association engaged in the business of renting or leasin g automobiles to users. For this purpose, the objective of making a profit is not necessary to make the renting activity a busine ss. "Rentor" does not include a car-sharing program or a shared-vehicle owner, as defined in Section 5 of the Car-Sharing Program Act, if tax due on the automobile under the Retailers' Occupation Tax Act or Use Tax Act was paid upon the purchase of the automobile or when the automobile was brought into Illinois. The car-sharing program shall ask a shared-vehicle shared vehicle owner if the shared-vehicle shared vehicle own er paid applicable taxes at the time of purchase. Notwi thstanding any law to the contrary, the car-shari ng program shall have the right to rely on the sha red-vehicle shared vehicle owner's response and to be held legally harmless for such re liance. "Rentee" means any user to whom t he possession, or the right to possession, of an automobile is transfe rred for a valuable consideration for a period of one year or less, whether paid for by the "rentee" or by someone else. "Rentee" does not include a shared-vehicle dr iver, as defined in Section 5 of the Car-Sharing Program Act, if tax due on the automobile under the Retailers' Occu pation Tax Act or Use Tax Act was paid upon the purchase of the automobile or when the automobile was brought into Illinois. The car-sharing program shall ask a shared-vehicle shared vehicle owner if the shared-vehicle shared vehicle own er paid applicable taxes at the time of purchase. Notwi thstanding any law to the contrary, the car-shari ng program shall have the right to rely on the sha red-vehicle shared vehicle owner's response and to be held legally harmless for such reliance. "Gross receipts" from the renting of tangible personal property or "rent" means the tot al rental price or leasing price. In the case of rental transactions in which the considera tion is paid to the rentor on an installment basis, the am ounts of such payments shall be included by the rentor in gro ss receipts or rent only as and when payments are receive d by the rentor. "Gross receipts" does no t include receipts received by an automobile dealer from a manu facturer or service contract provider for the use of an autom obile by a person while that person's automobile is being r epaired by that automobile dealer and the repair is made pursua nt to a manufacturer's warranty or a service contract where a manufacturer or service contract provider reim burses that automobile dealer pursuant to a manufacturer's warranty or a service contract and the reimbursement is m erely made to recover the costs of operating the automobile as a loaner vehicle. "Rental price" m eans the consideration for renting or leasing an automobile valued in money, whether received in money or otherwise, incl uding cash credits, property and services, and shall be determi ned without any deduction on account of the cost of the property rented, the cost of materials used, labor or service cost, o r any other expense whatsoever, but does not include charges t hat are added by a rentor on account of the rentor's tax liabili ty under this Act or on account of the rentor's duty to collect , from the rentee, the tax that is imposed by Section 4 of this Act. The phrase "rental price" does not inc lude compensation paid to a rentor by a rentee in considerat ion of the waiver by the rentor of any right of action or claim a gainst the rentee for loss or damage to the automobile rented and also does not include a separately stated charge for insurance or recovery of refueling costs or other separately stated charges t hat are not for the use of tangible personal property.

"Rental price" does not include consideration paid for pee r-to-peer car sharing to a shared-vehicle own er or a car-sharing program, as those terms are defined in Section 5 of the Car-Sharing Program Act, if tax due on the automobile under the Retailers' Occupation Tax Act or Use Tax Act was paid upon the purchase of the automobile or when the automobile was brought into Illinois. The car-sharing program shall ask a shared-vehicle shared vehicle owner if the shared-vehicle shared vehicle own er paid applicable taxes at the time of purchase. N otwithstanding any law to the contrary, the car-sharing program shall have the right to rely on the shared-vehicle shared vehicle owner's response and to be hel d legally harmless for such reliance. (Source: P.A. 103-520, eff. 8-11-23; rev ised 10-23-24.) (35 ILCS 155/6) Sec. 6. Appli cability. The taxes imposed by Sections 3 and 4 of this Act do not apply to any amounts paid or received for peer-to-peer car sharing, as defined in Section 5 of the Car-Sharing Program Act, or the privileg e of sharing a shared vehicle through a car-sharing program, as defined in Secti on 5 of the Car-Sharing Program Act, if the shared-vehicle shared vehicle owner paid applicable taxes upon the purchase o f the automobile. As used in this Section, "applicable taxes" means, with respect to vehicles p urchased in Illinois, the retailers' occupation tax levied un der the Retailers' Occupation Tax Act or the use tax levied under the Us e Tax Act. "Applicable taxes", with respect to vehicles not pur chased in Illinois, refers to the sales, use, excise, or other generally applicable tax that is due upon the purchase of a vehicle in the jurisdiction in which the vehicle was purchased. N otwithstanding any law to the contrary, the car-sharing program shall have the right to rely on the shared-vehicle shared vehicle owner's resp onse and to be held legally harmless for such reliance. (Sourc e: P.A. 103-520, eff. 8-11-23; revised 10-23-24.) Section 320. The Property Tax Code is amended by changing Sections 18-185, 18-250, 22-15, and 22-40 as follows: (35 ILCS 200/18-185)

Sec. 18-185. Short title; defini tions. This Division 5 may be cited as the Property Tax Extension Limitation Law . As used in this Division 5: "Consumer Price Index" means the Consumer Price Index for All Urban Consumers f or all items published by the United States Department of Labor.

"Extension limitation" means (a) the lesser of 5 % or the percentage increase in the Consumer Price Index during the 12-month calendar year pre ceding the levy year or (b) the rate of increase approved b y voters under Section 18-205. "Affected c ounty" means a county of 3,000,000 or more inhabitants or a co unty contiguous to a county of 3,000,000 or more inhabitants.

"Taxing district" has the same meaning prov ided in Section 1-150, except as otherwise provid ed in this Section. For the 1991 through 1994 levy years only, "taxing district" includes only each non-home rule t axing district having the majority of its 1990 equalized assessed valu e within any county or counties contiguous to a county with 3 ,000,000 or more inhabitants. Beginning with the 1995 levy ye ar, "taxing district" includes only each non-home rule taxing district subject to this Law before the 1995 levy y ear and each non-home rule taxing district not subject to this Law before the 1995 levy year having the majority of its 199 4 equalized assessed value in an affected county or c ounties. Beginning with the levy year in which this Law b ecomes applicable to a taxing district as provided in S ection 18-213, "taxing district" also includes those tax ing districts made subject to this Law as provided in Sec tion 18-213. "Aggregate extension" f or taxing districts to which this Law applied before the 199 5 levy year means the annual corporate extension for the tax ing district and those special purpose extensions that a re made annually for the taxing district, excluding special purpose extensions: (a) made for the taxing district to pay i nterest or principal on general obligation bonds that wer e approved by referendum; (b) made for any taxing distr ict to pay interest or principal on general obligation bo nds issued before October 1, 1991; (c) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund those bonds issued before October 1, 19 91; (d) made for any taxing district to pay interest or principa l on bonds issued to refund or continue to refund bonds issued a fter October 1, 1991 that were approved by referendum; (e) made for any taxing district to pay interest or pr incipal on revenue bonds issued before October 1, 1991 for pay ment of which a property tax levy or the full faith and c redit of the unit of local government is pledged; however, a tax for the payment of interest or principal on those bonds s hall be made only after the governing body of the unit of local government finds that all other sources for payment are insuff icient to make those payments; (f) made for payments under a building commission lease when the lease payments are for th e retirement of bonds issued by the commission before O ctober 1, 1991, to pay for the building project; (g) made fo r payments due under installment contracts entered into before October 1, 1991; (h) made for payments of principal and int erest on bonds issued under the Metropolitan Water Reclamation D istrict Act to finance construction projects initiated b efore October 1, 1991; (i) made for payments of principal and intere st on limited bonds, as defined in Section 3 of the Local Gover nment Debt Reform Act, in an amount not to exceed the debt ser vice extension base less the amount in items (b), (c), (e), and (h) of this definition for non-referendum obligati ons, except obligations initially issued pursuant to referend um; (j) made for payments of principal and interest on bonds issued under Section 15 of the Local Government Debt Reform A ct; (k) made by a school district that participates in the Sp ecial Education District of Lake County, created by special e ducation joint agreement under Section 10-22.31 of the School Code, for payment of the school district's share of the amounts required to be contributed by the Special Education District of Lake County to the Illinois Municipal Retirem ent Fund under Article 7 of the Illinois Pension Code; the amount of any extens ion under this item (k) shall be certified by the school distri ct to the county clerk; (l) made to fund expenses of providing joint recreational programs for persons with disabilities under Sec tion 5-8 of the Park District Code or Section 11-95-14 of the Illinois Municipal Code; (m) made for tempora ry relocation loan repayment purposes pursuant to Sections 2-3.77 and 17-2.2d of the School Code; (n) made for p ayment of principal and interest on any bonds issued under the autho rity of Section 17-2.2d of the School Code; (o) made for contributions to a firefighter's pension fund created under Article 4 of the Illinois Pension Code, to the ext ent of the amount certified under item (5) of Section 4-134 of the Illinois Pension Code; (p) made for road purposes in the first year after a towns hip assumes the rights, powers, duties, assets, property, liab ilities, obligations, and responsibilities of a road dist rict abolished under the provisions of Section 6-133 of t he Illinois Highway Code; and (q) mad e under Section 4 of the Community Mental Health Act to provide the necessary funds or to supplement exi sting funds for community mental health facilities and servi ces, including facilities and services for the person with a develop mental disability or a substance use disorder; and (r) (q ) made for the payment of principal and interest on any bonds issued under the authority of Section 17-2.11 of the School Code or to refund or continue to refund those bonds. "Aggregate extension" for the taxi ng districts to which this Law did not apply before the 1995 levy year (except taxing districts subject to this Law in ac cordance with Section 18-213) means the annual corporate extension for the taxing district and those special purpose e xtensions that are made annually for the taxing district, exc luding special purpose extensions: (a) made for the taxing di strict to pay interest or principal on general obligation bonds that were approved by referendum; (b) made for any t axing district to pay interest or principal on general obliga tion bonds issued before March 1, 1995; (c) made for any tax ing district to pay interest or principal on bonds issued to re fund or continue to refund those bonds issued before March 1, 1995; (d) made for any taxing district to pay interest or prin cipal on bonds issued to refund or continue to refund bonds issu ed after March 1, 1995 that were approved by referendum ; (e) made for any taxing district to pay interest or principal on revenue bonds issued before March 1, 1995 for pay ment of which a property tax levy or the full faith and c redit of the unit of local government is pledged; however, a tax for the payment of interest or principal on those bonds s hall be made only after the governing body of the unit of loc al government finds that all other sources for payment are ins ufficient to make those payments; (f) made for payments un der a building commission lease when the lease payments are f or the retirement of bonds issued by the commission bef ore March 1, 1995 to pay for the building project; (g) made for paym ents due under installment contracts entered into before Mar ch 1, 1995; (h) made for payments of principal and interest on bonds issued under the Metropolitan Water Reclamation District Act to finance construction projects initiated before October 1, 19 91; (h-4) made for stormwater management purposes by t he Metropolitan Water Reclamation District of Greater Chic ago under Section 12 of the Metropolitan Water Reclamation D istrict Act; (h-8) made for payments of principal and interest on bonds issued under Section 9.6a of the Metropo litan Water Reclamation District Act to make contributions to th e pension fund established under Article 13 of the Illinois P ension Code; (i) made for payments of principal and interest on limited bonds, as defined in Section 3 of the Local Government Debt Reform Act, in an amount not to exceed the debt s ervice extension base less the amount in items (b), (c), and (e) of this definition for non-referendum obligatio ns, except obligations initially issued pursuant to referendum and bonds described in subsections (h) and (h-8) of this defi nition; (j) made for payments of principal and interest on b onds issued under Section 15 of the Local Government Debt Refo rm Act; (k) made for payments of principal and interest on bonds authorized by Public Act 88-503 and issued under Section 20a of the Chicago Park District Act for aqu arium or museum projects and bonds issued under Section 20a of the Chi cago Park District Act for the purpose of making contributio ns to the pension fund established under Article 12 of the Ill inois Pension Code; (l) made for payments of principal and int erest on bonds authorized by Public Act 87-1191 or 9 3-601 and (i) issued pursuant to Section 21.2 of the Cook County Forest Preserve District Act, (ii) issued under Section 42 of the Cook County Forest Preserve District Act for zoological p ark projects, or (iii) issued under Section 44.1 of the Co ok County Forest Preserve District Act for botanical gardens projects; (m) made pursuant to Section 34-53.5 of the School Code, whe ther levied annually or not; (n) made to fund expens es of providing joint recreational programs for persons w ith disabilities under Section 5-8 of the Park Distri ct Code or Section 11-95-14 of the Illinois Mu nicipal Code; (o) made by the Chicago Park District for recre ational programs for persons with disabilities under subsection (c) of Section 7.06 of the Chicago Park District Act; (p) made for contributions to a firefighter's pension fund created under Artic le 4 of the Illinois Pension Code, to the extent of the amount certified under item (5) of Section 4-134 of the Illinois Pension Code; (q) made by Ford Heights School District 169 under Section 17-9 .02 of the School Code; (r) made for the purpose of mak ing employer contributions to the Public School Teache rs' Pension and Retirement Fund of Chicago under Section 34-53 of the School Code; and (s) mad e under Section 4 of the Community Mental Health Act to provide the necessary funds or to supplement exi sting funds for community mental health facilities and servi ces, including facilities and services for the person with a develop mental disability or a substance use disorder; and (t) (s ) made for the payment of principal and interest on any bonds issued under the authority of Section 17-2.11 of t he School Code or to refund or continue to refund those bonds. "Aggregate extension" for all taxing district s to which this Law applies in accordance with Section 18-213, except for those taxing districts subject to parag raph (2) of subsection (e) of Section 18-213, means the annual corporate extension for the taxing district and those s pecial purpose extensions that are made annually for the taxing district, excluding special purpose extensions: (a) made for the taxing district to pay interest or principal on gen eral obligation bonds that were approved by referendum; (b) m ade for any taxing district to pay interest or principal on ge neral obligation bonds issued before the date on which the refe rendum making this Law applicable to the taxing district is h eld; (c) made for any taxing district to pay interest o r principal on bonds issued to refund or continue to refund those bonds issued before the date on which the referendum ma king this Law applicable to the taxing district is held; (d) mad e for any taxing district to pay interest or principal on bonds issued to refund or continue to refund bonds issued aft er the date on which the referendum making this Law applicabl e to the taxing district is held if the bonds were approved by referendum after the date on which the referendum making thi s Law applicable to the taxing district is held; (e) ma de for any taxing district to pay interest or principal o n revenue bonds issued before the date on which the referendum making this Law applicable to the taxing district is held for payment of which a property tax levy or the full faith and c redit of the unit of local government is pledged; however, a tax for the payment of interest or principal on those bonds s hall be made only after the governing body of the unit of local government finds that all other sources for payment are insufficient to make those payments; (f) made for payments under a building commission lease when the lease payments ar e for the retirement of bonds issued by the commission bef ore the date on which the referendum making this Law applica ble to the taxing district is held to pay for the building pro ject; (g) made for payments due under installment contracts e ntered into before the date on which the referendum making thi s Law applicable to the taxing district is held; (h) made for payments of principal and interest on limited bonds, as defined in Section 3 of the Local Government Debt Reform Act, i n an amount not to exceed the debt service extension base l ess the amount in items (b), (c), and (e) of this definition f or non-referendum obligations, except obligations initi ally issued pursuant to referendum; (i) made for payments of principal and interest on bonds issued under Section 1 5 of the Local Government Debt Reform Act; (j) made for a qualified airport authority to pay interest or principal on gen eral obligation bonds issued for the purpose of paying obliga tions due under, or financing airport facilities required t o be acquired, constructed, installed or equipped pursuant to, contracts entered into before March 1, 1996 (but not including any amen dments to such a contract taking effect on or after that dat e); (k) made to fund expenses of providing joint recreational programs for persons with disabilities under Section 5- 8 of the Park District Code or Section 11-95-14 of the Illinois Municipal Code; (l) made for contributions to a fi refighter's pension fund created under Article 4 of the Illinois Pension Code, to the extent of the amount certified under item (5) of Section 4-134 o f the Illinois Pension Code; (m) made for the taxing district t o pay interest or principal on general obligation bonds issued pursuant to Section 19-3.10 of the School Code; and (n) made under Section 4 of the Community Mental Health Act to provide the necessa ry funds or to supplement existing funds for community men tal health facilities and services, including facilities and services for the person with a developmental disability or a substance use disorder; and (o) (n ) made for the payment of principal and interest on any bonds issued under the authority of Section 17-2.11 of the School Code or to refund or continue to refun d those bonds. "Aggregate extension" for all taxing districts to which this Law applies in accordance with paragraph (2) of subsection (e) of Section 18-213 means the annual corporate extension for the taxing dist rict and those special purpose extensions that are made annually for the taxing district, excluding special purpose extensions: (a) made for the taxing district to pay interest or princi pal on general obligation bonds that were approved by r eferendum; (b) made for any taxing district to pay interest or principal on general obligation bonds issued before March 7, 1 997 (the effective date of Public Act 89-718); (c) made for any taxing district to pay interest or principal on bon ds issued to refund or continue to refund those bonds issued befor e March 7, 1997 (the effective date of Public Act 89-718) ; (d) made for any taxing district to pay interest or principal on bon ds issued to refund or continue to refund bonds issued after Ma rch 7, 1997 (the effective date of Public Act 89-718) if the b onds were approved by referendum after March 7, 1997 (the eff ective date of Public Act 89-718); (e) made for any taxing district to pay interest or principal on revenue bonds issued before March 7, 1997 (the effective date of Public Act 89-718) for payment of which a property tax levy or the full faith and credit of the unit of local government is pledged; however, a tax for the payment of interest or princi pal on those bonds shall be made only after the governing bod y of the unit of local government finds that all other sources for p ayment are insufficient to make those payments; (f) made for p ayments under a building commission lease when the lease pa yments are for the retirement of bonds issued by the commission befor e March 7, 1997 (the effective date of Public Act 89-718 ) to pay for the building project; (g) made for payments due under installment contracts entered into before March 7, 1997 (the effective date of Public Act 89-718); (h) made for payments of principal and interest on limited bonds, as defined in Section 3 of the Local Government Debt Reform Act, i n an amount not to exceed the debt service extension base l ess the amount in items (b), (c), and (e) of this definition f or non-referendum obligations, except obligations initi ally issued pursuant to referendum; (i) made for payments of principal and interest on bonds issued under Section 1 5 of the Local Government Debt Reform Act; (j) made for a qualified airport authority to pay interest or principal on gen eral obligation bonds issued for the purpose of paying obliga tions due under, or financing airport facilities required t o be acquired, constructed, installed or equipped pursuant to, contracts entered into before March 1, 1996 (but not including any amen dments to such a contract taking effect on or after that dat e); (k) made to fund expenses of providing joint recreational programs for persons with disabilities under Section 5- 8 of the Park District Code or Section 11-95-14 of the Illinois Municipal Code; (l ) made for contributions to a firefighter's pension fund creat ed under Article 4 of the Illinois Pension Code, to the ext ent of the amount certified under item (5) of Section 4-134 of the Illinois Pension Code; and (m) made under Section 4 of the Community Mental Health Act to provide the necessary funds or to supplement existing funds for community mental health facilitie s and services, including facilities and services for the person with a developmental disability or a substance use disorder; and (n) ( m) made for the payment of principal and intere st on any bonds issued under the authority of Section 17-2.11 of the School Code or to refund or continue to refund th ose bonds. "Debt service extension base" means an amount equal to that portion of the extension for a taxin g district for the 1994 levy year, or for those taxing district s subject to this Law in accordance with Section 18-213, except for those subject to paragraph (2) of subsection (e) of Sec tion 18-213, for the levy year in which the refer endum making this Law applicable to the taxing district is held, or for those taxing districts subject to this Law in accor dance with paragraph (2) of subsection (e) of Section 18-213 for the 1996 levy year, constituting an extension for pa yment of principal and interest on bonds issued by the taxing district without referendum, but not including excluded non-referendum bonds. For park districts (i) that were first s ubject to this Law in 1991 or 1995 and (ii) whose extension f or the 1994 levy year for the payment of principal and interest on bonds issued by the park district without referendum (but not in cluding excluded non-referendum bonds) was less than 51% of the amount for the 1991 levy year constituting an extension for payment of principal and interest on bond s issued by the park district without referendum (but not including excluded non-referendum bonds), "debt service ex tension base" means an amount equal to that portion of the ext ension for the 1991 levy year constituting an extension for payment of principal and interest on bonds issued by the park distri ct without referendum (but not including excluded non-ref erendum bonds). A debt service extension base established o r increased at any time pursuant to any provision of this Law, except Section 18-212, shall be increased each year commen cing with the later of (i) the 2009 levy year or (ii) the fi rst levy year in which this Law becomes applicable to the ta xing district, by the lesser of 5% or the percentage increase in the Consumer Price Index during the 12-month calendar year p receding the levy year. The debt service extension base ma y be established or increased as provided under Section 18-212. "Excluded non-referendum bonds" means (i) b onds authorized by Public Act 88-503 and issued under Section 20a of the Chicago Park District Act for aquarium and museum projects; (ii) bonds issued under Section 15 of the Local Government Debt Reform Act; or (iii) refunding obligations issued to refund or to continue to refund obligations initially issued pursuant to referendum. "Special purpose extensions" include, but are not limited to, extensions for levies made on an annual basis for unemployment and workers' compensation, self -insurance, contributions to pensi on plans, and extensions made pursuant to Section 6-601 of the Illinois Highway Code for a road district's perm anent road fund whether levied annually or not. The extension for a special service area is not included in the aggregate extension. "Aggregate extension base" means the taxing district's last pr eceding aggregate extension as adjusted under Sections 18-135 , 18-215, 18-230, 18-206, and 18-233. Beg inning with levy year 2022, for taxing districts that are spe cified in Section 18-190.7, the taxing district's aggr egate extension base shall be calculated as provided in Se ction 18-190.7. An adjustment under Section 18-135 shall be made for the 2007 levy year and all subsequent levy y ears whenever one or more counties within which a taxing dist rict is located (i) used estimated valuations or rates when extend ing taxes in the taxing district for the last preceding levy year tha t resulted in the over or under extension of taxes, or (ii ) increased or decreased the tax extension for the last precedi ng levy year as required by Section 18-135(c). Whenev er an adjustment is required under Section 18-135, the aggregate extension base of the taxing district shall be eq ual to the amount that the aggregate extension of the taxing dis trict would have been for the last preceding levy year if either or both (i) actual, ra ther than estimated, valuations or rates had been used to calculate the extension of taxes for the last levy year, or (i i) the tax extension for the last preceding levy year had not been adjus ted as required by subsection (c) of Section 18-135. Notwithstanding any other provision of law, for levy year 2012, the aggregate extension base for West Northfield School District No. 31 in Cook County shall be $12,654,592.

Notwithstanding any other provision of law, for the purpose of calculating the limiting rate for levy year 2023, the last preceding aggregate extension base for H omewood School District No. 153 in Cook County shall be $19 ,535,377. Notwithstanding any other prov ision of law, for levy year 2022, the aggregate extension b ase of a home equity assurance program that levied at least $ 1,000,000 in property taxes in levy year 2019 or 2020 und er the Home Equity Assurance Act shall be the amount that the program's aggregate extensi on base for levy year 2021 would have been if the p rogram had levied a property tax for levy year 2021. "Levy year" has the same meaning as "year" und er Section 1-155. "New property" means (i) the assessed value, after final board of review o r board of appeals action, of new improvements or additions to existi ng improvements on any parcel of real property that increase th e assessed value of that real property during the levy yea r multiplied by the equalization factor issued by the Departm ent under Section 17-30, (ii) the assessed value, after f inal board of review or board of appeals action, of real property no t exempt from real estate taxation, which real property was e xempt from real estate taxation for any portion of th e immediately preceding levy year, multiplied by the equa lization factor issued by the Department under Section 17-30, including the assessed value, upon final stabilization of occupancy after new construction is complete, of any real pr operty located within the boundaries of an otherwise or p reviously exempt military reservation that is intended for res idential use and owned by or leased to a private corporation o r other entity, (iii) in counties that classify in acco rdance with Section 4 of Article IX of the Illinois Constitutio n, an incentive property's additional assessed value resultin g from a scheduled increase in the level of assessment as applied to the first year final board of review market value , and (iv) any increase in assessed value due to oil or gas pro duction from an oil or gas well required to be permitted u nder the Hydraulic Fracturing Regulatory Act that was not pr oduced in or accounted for during the previous levy year. In addi tion, the county clerk in a county containing a populatio n of 3,000,000 or more shall include in the 1997 recovered ta x increment value for any school district, any recovered tax increment value that was applicable to the 1995 tax year calculations. "Qualified airport authority" means an airpor t authority organized under the Airport Authorities Act and l ocated in a county bordering on the State of Wiscons in and having a population in excess of 200,000 and not greater than 500,000. "Recovered tax incr ement value" means, except as otherwise provided in this pa ragraph, the amount of the current year's equalized assessed value, in the first year after a municipality terminates the designation of an area as a redevelopment project area prev iously established under the Tax Increment Allocation Redev elopment Act in the Illinois Municipal Code, previously est ablished under the Industrial Jobs Recovery Law in the Illinoi s Municipal Code, previously established under the Economi c Development Project Area Tax Increment Act of 1995, or previo usly established under the Economic Development Area Tax Inc rement Allocation Act, of each taxable lot, block, tract, or parce l of real property in the redevelopment project area over and a bove the initial equalized assessed value of each property i n the redevelopment project area. For the taxes which are exte nded for the 1997 levy year, the recovered tax increment valu e for a non-home rule taxing district that first b ecame subject to this Law for the 1995 levy year because a ma jority of its 1994 equalized assessed value was in an affec ted county or counties shall be increased if a municipa lity terminated the designation of an area in 1993 as a redev elopment project area previously established under the Tax I ncrement Allocation Redevelopment Act in the Illinois Munic ipal Code, previously established under the Industria l Jobs Recovery Law in the Illinois Municipal Code, or previously established under the Economic Development Area Tax Increment Allocation Act, by an amount equal to the 1994 equal ized assessed value of each taxable lot, block, tract, or par cel of real property in the redevelopment project area over and above the initial equalized assessed value of each property in the redevelopment project area. In the first year after a municipality removes a taxable lot, block, tract, o r parcel of real property from a redevelopment project are a established under the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code, the Industrial Jobs Recov ery Law in the Illinois Municipal Code, or the Economic Develop ment Area Tax Increment Allocation Act, "recovered tax increme nt value" means the amount of the current year's equaliz ed assessed value of each taxable lot, block, tract, or parcel of real property removed from the redevelopment pro ject area over and above the initial equalized assessed valu e of that real property before removal from the redevelopment project area. Except as otherwise prov ided in this Section, "limiting rate" means a fraction the nume rator of which is the last preceding aggregate extension b ase times an amount equal to one plus the extension limitation defined in this Section and the denominator of which is the c urrent year's equalized assessed value of all real prop erty in the territory under the jurisdiction of the taxing distri ct during the prior levy year. For those taxing districts tha t reduced their aggregate extension for the last precedin g levy year, except for school districts that reduced their extension for educational purposes pursuant to Section 18-206, the highest aggregate extension in any of the last 3 preceding levy years shall be used for the purpose of computing the limiting rate. The denominator shall not include new property or the recovered tax increment value. If a new ra te, a rate decrease, or a limiting rate increase has been appr oved at an election held after March 21, 2006, then (i) the ot herwise applicable limiting rate shall be increased by th e amount of the new rate or shall be reduced by the amount of t he rate decrease, as the case may be, or (ii) in the case of a limiting rate increase, the limiting rate shall be equal t o the rate set forth in the proposition approved by the voters for each of the years specified in the proposition, aft er which the limiting rate of the taxing district shall be calc ulated as otherwise provided. In the case of a taxing district that obtained referendum approval for an increased limiting rate on March 20, 2012, the limiting rate for tax year 2012 shall be the rate that generates the approximate total amount of taxes extendable for that tax year, as set forth in the propositio n approved by the voters; this rate shall be the final rate applied by the county clerk for the aggreg ate of all capped funds of the district for tax year 2012.(Source: P.A. 102-263, e ff. 8-6-21; 102-311, eff. 8-6-21; 102-519, eff. 8-20-2 1; 102-558, eff. 8-20-21; 102-707, eff. 4-22-22; 102-813, eff. 5-13-22; 102-895, eff . 5-23-22; 103-154, eff. 6-30-23; 103-587, eff. 5-28-24; 103-591, eff. 7-1-24; 103-592, eff. 6-7 -24; revised 7-9-24.) (35 ILCS 200/18-250) Sec. 18-250. Additions to forfeited taxes and unpaid special assessments; fee for estimate. (a) When any property has been f orfeited for taxes or special assessments, the clerk shall compute the amount of back taxes and special assessments, interest , statutory costs, and printer's fees remaining due, with one year's interest on all taxes forfeited, and enter them upon the collector's books as separate items. Except as otherwis e provided in Section 21-375, the aggregate so computed shall be collected in the same manner as the taxes on other property for that year. The county clerk shall e xamine the forfeitures, and strike all errors and make correct ions as necessary. For counties with fewer than 3,000,000 inhab itants, interest added to forfeitures under this Section shall be at the rate of 12% per year. For counties with 3,000,000 or more inhabitants, interest adde d to forfeitures under this Section shall accrue at the ra te of (i) 12% per year if the forfeiture is for a tax year before tax year 2023 or (ii) 0.75% per month, or portion the reof, if the forfeiture is for tax year 2023 or any tax year t hereafter. (b) In counties with 3,000,0 00 or more inhabitants, taxes first extended for prior years, or previously extended for prior years for which application for j udgment and order of sale is not already pending, shall be ad ded to the tax of the current year, with interest and cost s as provided by law. Forfeitures shall not be so added, but t hey shall remain a lien on the property upon which t hey were charged until paid or sold as provided by law. There shall be added to such forfeitures annually the same interest as would be added if forfeited annually, until paid or sold, and t he addition of each year's interest shall be considered a separ ate forfeiture. Forfeitures may be redeemed in the manner provid ed in Section 21-370 or 21-375. Taxes and special assessments for which ap plication for judgment and order of sale is pending, or enter ed but not enforced for any reason, shall not be a dded to the tax for the current year. However, if the taxes and special assessments remain unpaid, the property, shall be advertised and sold under judgments and orders of sale to be entered in pending applications, or already en tered in prior applications, including judgments and or ders of sale under which the purchaser fails to complete his or her purchase. (c) In counties with 3,000,000 or more inhabitants, on or before January 1, 2001 and during each yea r thereafter, the county clerk shall compute the amount of taxes on each property that remain due or forfeited for any yea r prior to the current year and have not become subject to Sections 20-180 through 20-190, and the cle rk shall enter the same upon the collector's warrant books of the current and all following years as separate items in a s uitable column. The county clerk shall examine the collector' s warrant books and the Tax Judgment, Sale, Redemption and Fo rfeiture records for the appropriate years and may take any other actions as the clerk finds to be necessary or convenient in order to comply with this subsection. On and after Ja nuary 1, 2001, any taxes for any year remaining due o r forfeited against real property in such county not e ntered on the current collector's warrant books shall be deeme d uncollectible and void, but shall not be subject t o the posting or other requirements of Sections 20-180 through 20-190. (d) In counties with 1 00,000 or more inhabitants, the county clerk shall, when making the annual collector's books, in a suitable column , insert and designate previous forfeitures of general taxes by the word "forfeiture", to be stamped opposite each pro perty forfeited at the last previous tax sale for general tax es and not redeemed or purchased previous to the completion of the collector's books. The collectors of general taxes s hall stamp upon all bills rendered and receipts given the i nformation on the collector's books regarding forfeiture of general taxes, and the stamped notation shall also refer the recipient to the county clerk for full information. The county clerk shall be allowed to coll ect from the person requesting an estimate of costs of redemption of a forfeited prop erty, the fee provided by law.(Source: P.A. 103-555, eff. 1-1-24; revised 7-22 -24.) (35 ILCS 200/22-15)

Sec. 22-15. Service of notice. The pu rchaser or his or her assignee shall give the notice required b y Section 22-10 by causing it to be published in a newspaper as set forth in Section 22-20. In add ition, the notice shall be served upon owners who reside on an y part of the subject property by leaving a copy of the not ice with those owners personally. The notice must be served by a sheriff (or if he or she is disqualified, by a coron er) of the county in which the property, or any part thereof, is located or, by a person who is licensed or registe red as a private detective under the Private Detective, Privat e Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. In counties of 3,000,000 or more inhab itants, if the notice required by Section 22-10 is to be served by the sheriff, no sale in error may be decl ared pursuant to Section 22-50 or subparagraph (5) of subs ection (a) of Section 21-310 based upon the sheriff' s failure to serve the notice in accordance with this Section u nless the notice and service list for the first service attem pt is delivered by the purchaser or assignee to the sheriff at least 5 months prior to the expiration of the period of redempti on. Purchasers or assignees may request that the sheriff ma ke additional service attempts to the same entities and locatio ns, and the sheriff may make those additional attempts with in the noticing period established in Section 22-10, but the sheriff's failure to make such additional service attempts is not grounds for a sale in error under S ection 22-50 or subparagraph (5) of subsection (a) of Section 21-310. In counties of 3,000,000 or more inhabitants, if the purchaser or assignee requests that the sheriff make an additional service attem pt upon an entity or to a location that was not included on the service list for the first attempt, then the purchaser or assignee must deliver the notice and service list for the add itional service attempt to the sheriff at least 4 months befo re the expiration of the period of redemption. If the purchaser or assignee delivers the notice and service list for an addi tional service attempt upon an entity or to a location that wa s not included on the service list for the first attempt to the sheriff at least 4 months before the expiration of the period of red emption, then the sheriff's failure to serve the notice in acc ordance with this Section may be grounds for a sale in error under Section 22-50 but not under subparagraph (5) of s ubsection (a) of Section 21-310. If the purchaser or assi gnee fails to deliver the notice and service list for an ad ditional service attempt upon an entity or to a location that was not included on the first service list to the sheriff at least 4 months prior to the expiration o f the period of redemption, then the sheriff's failur e to serve that additional notice in accordance with this Section is not grounds for a sale in error under either Section 22-50 or subparagraph (5) of subsection (a) of Section 21-310. In counties of 3,000,000 or mor e inhabitants where a taxing district is a petitioner for tax de ed pursuant to Section 21-90, in lieu of service by t he sheriff or coroner the notice may be served by a speci al process server appointed by the circuit court as provided in this Section. The taxing district may move prior to fi ling one or more petitions for tax deed for appointment o f such a special process server. The court, upon being satisfied that the person named in the motion is at least 18 ye ars of age and is capable of serving notice as required under th is Code, shall enter an order appointing such person as a specia l process server for a period of one year. The appointment may be renewed for successive periods of one year each by mot ion and order, and a copy of the original and any subseq uent order shall be filed i n each tax deed case in which a notice is served by the appo inted person. Delivery of the notice to and service of the notice by the special pr ocess server shall have the same force and effect as its delivery to a nd service by the sheriff or coroner. The s ame form of notice shall also be served, in the manner set fort h under Sections 2-203 , 2-204, 2-205, 2-205.1, and 2-2 11 of the Code of Civil Procedure, upon all other owners and parties interested in the property, if upon diligent inquiry they can be found in the county, and upon the occupants of the property. If the property sold has more th an 4 dwellings or other rental units, and has a managing age nt or party who collects rents, that person shall be deem ed the occupant and shall be served with notice instead of the occupants of the individual units. If the property has no dwellings or rental units, but economic or recreational activities are car ried on therein, the person directing such activities shall be deemed the occupant. Holders of rights of entry and possib ilities of reverter shall not be deemed parties interested in the property. When a party interested i n the property is a trustee, notice served upon the trustee sh all be deemed to have been served upon any beneficiary or note holder thereunder unless the holder of the note is disclosed o f record. When a judgment is a lien upon the property sold, the holder of the lien shal l be served with notice if the name of the judgment debt or as shown in the transcript, certified copy or memorandum of j udgment filed of record is identical, as to given name and surname, with the name of the party interested as it appe ars of record. If any owner or party inte rested, upon diligent inquiry and effort, cannot be found or served with notice in the county as provided in this Secti on, and the person in actual o ccupancy and possession is tenant to, or in possession u nder the owners or the parties interested in the property, then service of n otice upon the tenant, occupant or person in possession shall be deemed service upon the owners or parties interested. If any owner or party interested, upo n diligent inquiry and effort, cannot be found or served with notice in the county, then the person making the service shall cause a copy of the notice to be sent by registered or certified mail, return receipt requested, to that party at hi s or her residence, if ascertainable. The changes to this Section made by Public Act 95-477 apply only to matters in which a petition for tax deed is filed on or after June 1, 2008 (the effective dat e of Public Act 95-477). (Source: P.A. 103-555, eff. 1-1-24; revised 8-6-24.) (35 ILCS 200/22-40) Sec. 22-40. Issuance of deed; possession. (a) To obtain an order for issuance of tax deed, the petitioner must provide sufficient evidence that: (1) the redemp tion period has expired and the property has not been redeemed ; (2) all taxes and spe cial assessments which became due and payable subsequent to the sale have been paid, unless the county or its agent, as trustee pursuant to Section 21-90 , is the petitioner; (3 ) all forfeitures and sales which occur subsequent to th e sale are paid or redeemed, unless the county or its agent, as trustee pu rsuant to Section 21-90, is the petitioner; (4) the notices required by law have been given, and all advancements of public funds under the police power made by a county, city, village, or town under Section 22-35 have been paid ; and (5) the petitioner ha s complied with all the provisions of law entitling him or her to a deed. Upon receipt of sufficient eviden ce of the requirements under this subsection (a), the court shal l find that the petitioner complied with those requirements and shall ent er an order directing the county clerk, on the production of the tax certificate and a certified copy of the order, to issue to the purchaser or its assignee a tax deed. The co urt shall insist on strict compliance with Section 22-10 through 22-25. Prior to the entry of an order directing the issuance of a tax deed, the petitio ner shall furnish the court with a report of proceedings of the evidence received on the application for tax deed and the rep ort of proceedings shall be filed and made a part of the court record. (b) Except as provided in subsection (e), if taxes for years prior to the year or years sold ar e or become delinquent subsequent to the date of sale, the c ourt shall find that the lien of those delinquent tax es has been or will be merged into the tax deed grantee's title if the court determines that the tax deed grantee or any prior holder of the certificate of purchase, or any person or entity under common ownership or control with any such gran tee or prior holder of the certificate of purchase, was at no time the holder of any certificate of purchase for the years sought to be merged. If delinquent taxes are merged into the tax deed pursuant to this subsection, the court shall enter an order declaring which specific taxes have been or will be me rged into the tax deed title and directing the county treas urer and county clerk to reflect that declaration in the warr ant and judgment records; provided, that no such order shall b e effective until a tax deed has been issued and timely recorded. Nothing co ntained in this Section shall relieve any owner liable for de linquent property taxes under this Code from the payment of t he taxes that have been merged into the title upon issuance of the tax deed. (c) The county clerk is entitle d to a fee of $10 in counties of 3,000,000 or more inhabitan ts and $5 in counties with less than 3,000,000 inhabitants f or the issuance of the tax deed, with the exception of deeds i ssued to the county pursuant to its authority under Section 21-90. The clerk may not include in a tax deed more than one property as listed, assessed and sold i n one description, except in cases where several propertie s are owned by one person. Upon applic ation, the court shall, enter an ord er to place the tax deed grantee or the grantee's succes sor in interest in possession of the property and may enter orders an d grant relief as may be necessary or desirable to maintain the grantee or the grantee's successor in interest in possession. (d) The court shall retain jurisdiction to enter orders pursuant to subsections (b) and (c) of this Section. Public Act 9 2-223 This amendatory Act of the 92nd General Assembly and Public Act 95-477 this a mendatory Act of the 95th General Assembly shall be construed as being declarative of existing law and not as a new enactment. (e) Prior to the issuance of any tax deed under this Section, the petitioner must redeem all taxes and special asses sments on the property that are subject to a pending tax petit ion filed by a county or its assignee pursuant to Section 21-90. (f) I f, for any reason, a purchaser fails to obtain an order for tax deed within the required time period and no sale in error was granted or redemption paid, then the certificate shall be forfeited t o the county, as trustee, pursuant to Section 21-90. (Source: P.A. 103-555, eff. 1-1-24; revised 8-5-24.) Section 325. The Te lecommunications Excise Tax Act is amended by changing Section 2 as follows: (35 ILCS 630/2) (from Ch. 120, par. 2002) Sec. 2. As used in this Article, unless the context clearly req uires otherwise: (a) "Gross charge" means the amount paid for th e act or privilege of originating or receiving telecommunicati ons in this State and for all services and equipment provided in connection therewith by a retailer, valued in money whether paid in money or otherwise, including cash, credits, services, and property of every kind or nature, and shall be determined without any deduction on account of the cos t of such telecommunications, the cost of materials used, labor or service costs, or any other exp ense whatsoever. In case credit is extended, the amount thereo f shall be included only as and when paid. "Gross charges" for private line service shall include charges imposed at eac h channel termination point within this State, charges for the chann el mileage between each channel termination point within t his State, and charges for that portion of the interstate inter-office channel provided within Illinois. Charges for that portion of the interstate inter-office channel provided in Illinois shall be determined by the retailer as follows: ( i) for interstate inter-office channels having 2 channel termination points, only one of which is in Illinois, 50% of the total charge imposed; or (ii) for intersta te inter-office channels having more than 2 ch annel termination points, one or more of which are in Ill inois, an amount equal to the total charge multiplied by a frac tion, the numerator of which is the number of channel terminati on points within Illinois and the denominator of which is the t otal number of channel termination points. Prior to Janu ary 1, 2004, any method consistent with this paragraph or other method that reasonably apportions the total charges for inters tate inter-office channels among the states in w hich channel terminations points are loc ated shall be accepted as a reasonable method to determine th e charges for that portion of the interstate inter-office channel provided within Illinois for that perio d. However, "gross charges" shall not include any of the following: (1) Any a mounts added to a purchaser's bill because of a charg e made pursuant to (i) the tax imposed by this Article; (ii ) charges added to customers' bills pursuant to the provisions of Section Sec tions 9-221 or 9-222 of the Publi c Utilities Act, as amended, or any similar charges added to customers' bills by retailers who are not subject to rat e regulation by the Illinois Commerce Commission for the pu rpose of recovering any of the tax liabilities or other amounts specified in such provisi ons of such Act; (iii) the tax imposed by Section 4251 of th e Internal Revenue Code; (iv) 911 surcharges; or (v) the t ax imposed by the Simplified Municipal Telecommunicati ons Tax Act. (2) Charges for a sent collect telecommunication received outside of the State.

(3) Charges for leased time on equipment or charg es for the storage of data or information for subsequent retrieval or the pr ocessing of data or information intended to change its form or content. Such equipment includes, but is not limited to, the use of calculators, computers, data processing equipment, tabulating equipm ent, or accounting equipment and als o includes the usage of computers under a time-sharing agreement.

(4) Charges for custom er equipment, including such equipment that is leased or rented by the customer from any source, wherein such charges are disaggregated and separately identified from other ch arges. (5) Charges to business enterprises certified under Section 9-222.1 of th e Public Utilities Act, as amended, or under Section 95 of t he Reimagining Energy and Vehicles in Illinois Act, to the extent of such exemption and during the period of time specified by the Department of Commerce and Economic Oppor tunity. (5.1) Cha rges to business enterprises certified under the Manufac turing Illinois Chips for Real Opportunity (MICRO) Act, to the extent of the exemption and during the period o f time specified by the Department of Commerce and Econ omic Opportunity. (5.2) Charges to entities certified under Section 605-1115 of the Department of Commerce and Economic Opportu nity Law of the Civil Administrative Code of Illinois to the extent of the exemption and during the period of tim e specified by the Department of Commerce and Economic Opportunity. (6) Charge s for telecommunications and all services and equipment provided in connection therewith between a parent co rporation and its wholly owned subsidiaries or between wholly owned subsidiaries when the tax imposed under this Article has already been paid to a retailer and only to the extent that t he charges between the parent corporation and wholly owned subsidiaries or between wholly owned subsidiaries represent expense allocation between the corporations and not the ge neration of profit for the corporation rendering such servi ce. (7) Bad debts. Bad debt means any portion of a debt that is related to a sal e at retail for which gross charges are not otherw ise deductible or excludable that has become worthless or uncollectable, as determined under applicable federal income tax standards. If the portion of the debt deemed to be bad is subsequently pai d, the retailer shall report and pay the tax on that portion during the reporting period in which the payment is made. (8) C harges paid by inserting coins in coin-o perated telecommunication devices. (9) Amounts paid by telecommunicatio ns retailers under the Telecommunications Municipal Infra structure Maintenance Fee Act. (10) Charges for nontaxable services or t elecommunications if (i) those charges are aggregated with other charges for telecommunications that are taxable, (i i) those charges are not separately stated on the customer bill or invoice, and (iii) the retailer can reasonably ide ntify the nontaxable charges on the retailer's books and re cords kept in the regular course of business. If the non taxable charges cannot reasonably be ide ntified, the gross charge from the sal e of both taxable and nontaxable services or telec ommunications billed on a combined basis shall be attributed to the taxable services or telecommunications. Th e burden of proving nontaxable charges shall be on th e retailer of the telecommunications. (b) "Amount paid" means the amount charged to the taxpayer's servi ce address in this State regardless of where such amount is billed or paid. (c) "Telecommunications", in add ition to the meaning ordinarily and popularly ascribed to it , includes, without limitation, messages or informatio n transmitted through use of local, toll, and wide area telephone service; private line serv ices; channel services; telegraph services; teletypewriter; computer exchange services; cellular mobile telecommuni cations service; specialized mobile radio; stationary 2-way two way radio; paging service; or any other form of mobile and portable one-way or 2-way two-way communications; or any other transmiss ion of messages or information by electronic or similar means , between or among points by wire, cable, fiber op tics fiber-optics , laser, microwave, radio, satellite, or similar facilities. As used in this Act, "private lin e" means a dedicated non-traffic sensitive service fo r a single customer, that entitles the customer to exclusive or priority use of a communications channel or group of channels, from one or m ore specified locations to one or more other speci fied locations. The definition of "telecommunication s" shall not include value added services in which computer processing applications are used to act on the form, content, code, and protocol of the information for p urposes other than transmission. "Telecommunications" shall not include purchases of telecommunications by a telecommunications service provider for use as a component part of the service provided by him to the ultimate retail consumer who originates or terminates the taxable end-to-end communications. Carrier access charges, right of access charges, charges for use of inter-company facilities, an d all telecommunications resold in the subsequent provision of , used as a component of, or i ntegrated into end-to-end telecomm unications service shall be non-taxable as sales for r esale.

(d) "Interstate telecommunications" means all telecommun ications that either originate or ter minate outside this State. (e) "Int rastate telecommunications" means all telecommunications that orig inate and terminate within this State. ( f) "Department" means the Department of Revenue of the State of Illinois. (g) "Director" means the Director of Revenue f or the Department of Revenue of the State of Illinois. (h) "Ta xpayer" means a person who individually or through his a gents, employees, or permittees engages in the act or privilege of originating or receiving tele communications in this State and who incurs a tax liability un der this Article. (i) "Person" means any natural individual, firm, trust, estat e, partnership, association, joint stock company, joint ventu re, corporation, limited liability company, or a receiver, trustee, guardian or other representative appointed by order of any court, the federal Federal and State governments, including State universities created by s tatute or any city, town, county, or other political subdiv ision of this State. (j) "Purchase a t retail" means the acquisition, consumption, or use of telecommunication through a sale at retail. (k) "Sale at retail" m eans the transmitting, supplying, or fur nishing of telecommunications and all services and equipment provided in connection therewith for a consideration to pers ons other than the federal Federal and State governments, and State uni versities created by statute and other than between a pare nt corporation and its wholly owned subsidiaries or b etween wholly owned subsidiaries for their use or consum ption and not for resale. (l) "Retailer" m eans and includes every person engaged in the business of makin g sales at retail as defined in this Article. The Department may, in its discretion, upon application, authorize the colle ction of the tax hereby imposed by any retailer not maintaining a place of business within this State, who, to the satisfaction of the Department, furnishes adequate security to insure collection and payment of the tax. Such retailer shall be issued, without charge, a permit to collect such tax. When so authorized, it shall be the duty of such retailer to collect the tax upon all of the gross charges for telecommunications i n this State in the same manner and subject to the same re quirements as a retailer maintaining a place of business w ithin this State. The permit may be revoked by the Department at its discretion. (m) "Retailer ma intaining a place of business in this State", or any like term, means and includes any retailer having or maintaining within this State, directly or by a subsidiary, an office, dis tribution facilities, transmission facilities, sales office, warehouse or other place of business, or any agent or o ther representative operating within this State under the authority of the retailer or its subsidiary , irrespective of whether such place of business or agent or ot her representative is located here permanently or tempo rarily, or whether such retailer or subsidiary is licensed to d o business in this State. (n) "Service addres s" means the location of telecommunications equipment from which the telecommunications servi ces are originated or at which telecommunications service s are received by a taxpayer. In the event this may not be a defined locat ion, as in the case of mobile phones, paging systems, maritime systems, "s ervice address" means the customer's place o f primary use as defined in the Mobile Telecommunications Sour cing Conformity Act. For air-to-ground systems and t he like, "service address" shall mean the location of a taxpayer's primary use of the telecommunications equipment as defined by teleph one number, authorization code, or location in Illinoi s where bills are sent. (o) "Prepaid tel ephone calling arrangements" mean the right to exclusive ly purchase telephone or telecommunications services that mus t be paid for in advance and enable the origination of one or more intrastate, interstate, or international telephone cal ls or other telecommunications using an access number, an autho rization code, or both, whether manually or electronica lly dialed, for which payment to a retailer must be made in adv ance, provided that, unless recharged, no furthe r service is provided once that prepaid amount of service has been consumed. Prepaid telephone calling arrangements include the recharge of a prepaid calling arrangement. For purposes of this subsection, "recharge" means the purchase o f additional prepaid telephone or telecommunications services whether or not the purchaser acquires a different access number or authorization code. "Prepaid telephone calling a rrangement" does not include an arrangement whereby a customer purchases a payment card and pursu ant to which the service provider reflects the amount of such purchase as a credit on an i nvoice issued to that customer under an existing subscription plan.(Source: P.A. 102-669, eff. 11-16-2 1; 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23; 103-595, eff. 6-26-24; r evised 10-21-24.) Section 330. The Telecommunications Infrastructure Maintenance Fee Act is amended by changing Section 10 as follows: (35 ILCS 635/10) Sec. 10. Definitions. In this Act: (a) "Gross char ges" means the amount paid to a telecommunications retailer f or the act or privilege of originating or receiving telecomm unications in this State and for all services rendered in c onnection therewith, valued in money whether paid in money or o therwise, including cash, credits, services, and propert y of every kind or nature, and shall be determined without a ny deduction on account of the cost of such telecommunicati ons, the cost of the materials used, labor or service costs, or any other expense whatsoever. In case credit is extended , the amount thereof shall be included only as and whe n paid. "Gross charges" for private line service shall include ch arges imposed at each channel termination point within this State, charges for the channel mileage between each channel termina tion point within this State, and charges for that portion of th e interstate inter-office channel provided within Illin ois. Charges for that portion of the interstate inter-office c hannel provided in Illinois shall be determined by the retailer as follows: (i) for interstate inter-office channels having 2 channel termination points, only one of which is in Il linois, 50% of the total charge imposed; or (ii) for intersta te inter-office channels having more than 2 ch annel termination points, one or more of which are in Ill inois, an amount equal to the total charge multiplied by a frac tion, the numerator of which is the number of channel terminati on points within Illinois and the denominator of which is the t otal number of channel termination points. Prior to Janu ary 1, 2004, any method consistent with this paragraph or other method that reasonably apportions the total charges for inters tate inter-office channels among the states in w hich channel terminations points are loc ated shall be accepted as a reasonable method to determine th e charges for that portion of the interstate inter-o ffice channel provided within Illinois for that period. Ho wever, "gross charges" shall not include any of the following: (1) Any amounts added to a pur chaser's bill because of a charge made under: (i) the fee imposed by this Section, (ii) additional charges added t o a purchaser's bill under Section 9-221 or 9-222 of the Public Utilit ies Act, (iii) the tax imposed by the Telecommunication s Excise Tax Act, (iv) 911 surcharges, (v) the tax imposed by Section 4251 of the Internal Revenue Code, or (vi) the ta x imposed by the Simplified Municipal Telecommunicati ons Tax Act. (2) Charges for a sent collect telecommunication received outside of this State. (3) Charges for leased time on equipment or char ges for the storage of data or information or subsequent retrieval or the processing of data or information intended to change its form or cont ent. Such equipment includes, but is not limited to, the use of calculators, computers, data processing equipment , tabulating equipment, or accounting equipment and als o includes the usage of computers under a time-sharing agreement.

(4) Charges for custom er equipment, including such equipment that is leased or rented by the customer from any source, wherein such charges are disaggregated and separately identified from other charges. (5) Charges to business enterprises certified unde r Section 9-222.1 of the Public Utilities Act t o the extent of such exemption and during the period of time specified by the Department of Commerce and Economic O pportunity. (5.1) Cha rges to business enterprises certified under Section 95 of t he Reimagining Energy and Vehicles in Illinois Act, to the ex tent of the exemption and during the period of time specified by the Department of Commerce and Economic Opp ortunity. (5.2) Charges to business enterpr ises certified under Section 110-95 of the Manufac turing Illinois Chips for Real Opportunity (MICRO) Act, to the extent of the exemption and during the period o f time specified by the Department of Commerce and Econ omic Opportunity. (5.3) Charges to entities certified under Section 605-1115 of the Department of Commerce and Economic Opportu nity Law of the Civil Administrative Code of Illinois to the extent of the exemption and during the period of tim e specified by the Department of Commerce and Economic Opp ortunity. (6) Charges f or telecommunications and all services and equipment pro vided in connection therewith between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, and only to the extent that the charges between the parent corporation and wholly owned subsidiaries or between wholly owned subsi diaries represent expense allocation between the corporation s and not the generation of profit other than a regulatory required profit for the corporation rendering such services . (7) Bad debts ("bad debt" means any portion of a debt that is related to a sal e at retail for which gross charges are not otherw ise deductible or excludable that has become worthless or uncollectible, as d etermined under applicable federal income tax standards; if the p ortion of the debt deemed to be bad is subsequently paid , the retailer shall report and pay the tax o n that portion during the reporting period in which the payment is made). (8) Charges paid by inserting coins in coin-oper ated telecommunication devices. (9) Charges for nontaxable services or t elecommunications if (i) those charges are aggregated with other charges for telecommunications that are taxable, (i i) those charges are not separately stated on the customer bill or invoice, and (iii) the retailer can reasonably ide ntify the nontaxable charges on the retailer's books and re cords kept in the regular course of business. If the non taxable charges cannot reasonably be ide ntified, the gross charge from the sal e of both taxable and nontaxable services or telecommunica tions billed on a combined basis shall be attributed to the taxable services or telec ommunications. The burden of proving nontaxable charges sh all be on the retailer of the telecommunications. (a-5) "Department" means the Illinois Departm ent of Revenue. (b) "Telecommunications" includes, but is not limited to, messages or information trans mitted through use of local, toll, and wide area telephone service, channel services, telegraph services, teletypewriter s ervice, computer exchange services, private line services, specialized mobile radio services, or any other transmission of messages or information by electronic o r similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilit ies. Unless the context clearly requires otherwise, "tele communications" shall also include wireless telecommunication s as hereinafter defined. "Telecommunications" s hall not include value added services in which computer pro cessing applications are used to act on the form, content, code, and protocol of the information for purposes other than transmissi on. "Telecommunications" shall not include purchase of te lecommunications by a telecommunications service provider for use as a component part of the service provided by him or her to the ultimate retail consumer who originates or terminates t he end-to-end communications. Retailer access charges, right of access charges, charges for use of interco mpany facilities, and all telecommunications resold in the subs equent provision and used as a component of, or integrated int o, end-to-end telecommunications service shall not be included in gross charges as sales for resale. "Telec ommunications" shall not include the provision of cable s ervices through a cable system as defined in the Cable Commun ications Act of 1984 (47 U.S.C. Sections 521 and following ) as now or hereafter amended or through an open video syst em as defined in the Rules of the Federal Communication s Commission (47 C.D.F. 76.1550 and following) as now or herea fter amended. Beginning January 1, 2001, prepaid telephone calling arrangem ents shall not be considered "telecommunications" subject t o the tax imposed under this Act. For purposes of this Sectio n, "prepaid telephone calling arrangements" means that term a s defined in Section 2-27 of the Retailers' Occupation Tax A ct. (c) "Wireless telecommunications" includes cellular mobile telephone services, personal wireless servi ces as defined in Section 704(C) of the Telecommunication s Act of 1996 (Public Law No. 104-104) as now or herea fter amended, including all commercial mobile radio services, and paging services. (d) "Telecommu nications retailer" or "retailer" or "carrier" means and inclu des every person engaged in the business of making sales of telecommunications at retail as defined in this Section. The Department may, in its discretion, upon applications, author ize the collection of the fee hereby imposed by any retaile r not maintaining a place of business within this State, who, to the satisfaction of the Department, furnishes adequate secu rity to insure collection and payment of the f ee. When so authorized, it shall be the duty of such r etailer to pay the fee upon all of the gross charges for t elecommunications in the same manner and subject to the sa me requirements as a retailer maintaining a place of business within this State. (e) "Retailer mai ntaining a place of business in this State", or any like term, means and includes any retailer having or maintaining w ithin this State, directly or by a subsidiary, an office, dist ribution facilities, transmission facilities, sales office, w arehouse, or other place of business, or any agent or o ther representative operating within this State under the authority of the retailer or its subsidiary, irrespe ctive of whether such place of business or agent or other rep resentative is located here permanently or temporarily, or whether such retailer or subsidiary is licensed to do busine ss in this State. (f) "Sale of t elecommunications at retail" means the transmitting, supplying, or furnishing of telecommunications and all servi ces rendered in connection therewith for a consideratio n, other than between a parent corporation and i ts wholly owned subsidiaries or between whol ly owned subsidiaries, when the gross charge made by one su ch corporation to another such corporation is not great er than the gross charge paid to the retailer for their use or c onsumption and not for sale. (g) "Servi ce address" means the location of telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received. If this is not a defined location, as in the case of wireless telecommunications, paging systems, maritime systems, "service address" means the customer's place of primary use as defined in the Mobile Telecommuni cations Sourcing Conformity Act. For air-to-ground systems, and the like, "service a ddress" shall mean the location of the customer's primary use of the telecommunications equipment as defined by the location in Illinois where bills are sent.(Source: P.A. 102-1125, eff. 2-3-23; 103-595, eff. 6-26-24; revised 10-21-2 4.) Section 335. The Illinois Pension Code is amended by changing Sections 9-169.2, 13-309, 13-310, and 15-112 as follows: (40 ILCS 5/9-169.2) Sec. 9-169.2. Minimum required employer contribution. The minimum required employer contribution fo r a specified year, as set forth in the annual actuari al report required under Section 9-169.1, shall be the a mount determined by the Fund's actuary to be equal to the su m of: (i) the projected normal cost for pensions for that fisc al year based on the entry age actuarial cost method , plus (ii) a projected unfunded actuarial accrued lia bility amortization payment for pensions for the fiscal year, plus (iii) projected expenses for that fiscal year, pl us (iv) interest to adjust for payment pattern during the fisc al year, less (v) projected employee contributi ons for that fiscal year. The mini mum required employer contribution for the next year shall b e submitted annually by the county on or before June 14 of each year unless another time frame is agreed upon by the coun ty and the Fund. For the purposes of this Section: "5-Year smoothed actuarial value of assets" means the value of assets as determined by a method that spreads the eff ect of each year's investment return in excess of or below the expected return. "Entry age actuarial cost method" means a method of determining the normal cost a nd is determined as a level percentage of pay that, if pa id from entry age to the assumed retirement age, assuming all the actuarial assumptions are exactly met by experien ce and no changes in assumptions or benefit provisions, would a ccumulate to a fund sufficient to p ay all benefits provided by the Fund.

"Layered amortization" means a technique that separately layers the different components of the unfund ed actuarial accrued lia bilities to be amortized over a fixed period not to exce ed 30 years. "Projected expenses" means th e projected administrative expenses for the cost of administering administrating the Fund. "Projected normal cost s for pensions" means the cost of the benefits that accrue d uring the year for active members under the entry age actua rial cost method. "Unfunded actuarial accrued liability amortization payment" means the annual contributi on equal to the difference between the values of assets and the accrued liabilities of the plan, calculated by an a ctuary, needed to amortize the Fund's liabilities over a period of 30 years starting in 2017, with layered amortization of the Fund's unexpected unfunded actuarial accrued liability amortizat ion payment following 2017 in periods of 30 years, with amortization payments increasing 2% per year, and reflecting a discount rate for all liabilities consisten t with the assumed investment rate of return on fund assets and a 5-year smoothed actuarial value of assets.(S ource: P.A. 103-529, eff. 8-11-23; revised 7-17-24.) (40 ILCS 5/13-309) (from Ch. 108 1/2, par. 13-309) Sec. 13-30 9. Duty disability benefit. (a) Any employee who becomes d isabled, which disability is the result of an injury o r illness compensable under the Illinois Workers' Compensation Act or the Illinois Workers' Occupational Diseases Act, is en titled to a duty disability benefit during the period of disability for which the employee does not receive any part of salary, or any part of a retirement annuity under this Arti cle; except that in the case of an employee who first enters service on or after June 13, 1997 and becomes disabled before August 18, 2005 (the effective date of Public Act 94-621), a duty disability benefit is not payable for the first 3 days of disability that would otherwise be payable unde r this Section if the disability does not continue for at lea st 11 additional days. The changes made to this Section by Public Act 94-621 are prospective only and do n ot entitle an employee to a duty disability benefit for the fir st 3 days of any disability that occurred before that effective date and did not continue for at least 11 additional days. T his benefit shall be 75% of salar y at the date disability begins. However, if the disabilit y in any measure resulted from any physical defect or disea se which existed at the time such injury was sustained or su ch illness commenced, the duty disability benefit shall be 50% of salary. Unless the employer acknowledges that the disability is a result of injury or il lness compensable under the Workers' Compensation Ac t or the Workers' Occupational Diseases Act, the duty disability benefit shall not be payable until the issue of compensability under those Acts is finally adjud icated. The period of disability shall be as determined by the Illinois Workers' Compensation Commission or acknowledged by the em ployer. An employee in service before J une 13, 1997 shall also receive a child's disability benefit du ring the period of disability of $10 per month for each unmar ried natural or adopted child of the employee under 18 year s of age. The first payment shall be made no t later than one month after the benefit is granted, and subsequent payments shall be made at least monthly. The Board shall by r ule prescribe for the payment of such benefits on the basis of the amount of salary lost during the period of disability. (b) The benefit shall be allowed only if all of the following requirements are met by the e mployee: (1) Application is made to the Board. ( 2) A medical report is submitted by at least one lic ensed health care professional as part of the employee's a pplication. (3) T he employee is examined by at least one licensed health ca re professional appointed by the Board and found to be in a disabled physical condition and shall be re-examined at least annually thereafter during the conti nuance of disability. The employee need not be examined by a licensed health care professional appointed by the Board if the attorney for the district certifies in writing th at the employee is entitled to receive compensation u nder the Workers' Compensation Act or the Workers' Oc cupational Diseases Act. The Board may require other evidence of disability. (c) The benefit shall terminate when: (1) The employee returns to work or receive s a retirement annuity paid wholly or in part under this Article; (2) The disability ceases; (3) The employee attains age 65, but if t he employee becomes disabled at age 60 or later, benefits may be extended for a period of no more than 5 years after disablement; (4 ) The employee (i) refuses to submit to reasonable exam inations by licensed health care professionals appointed by the Board, (ii) fails or refuses to consent to and sign an authorization allowing the Boa rd to receive copies of or to examine the employee's medical and hospital records, or (iii) fails or refuses to provide complete information regarding any other employment for compensation he or sh e has received since becoming disabled; or (5) The employee willfully and con tinuously refuses to follow medical advice and tre atment to enable the employee to return to work. However, this pro vision does not apply to an employee who relies in good fa ith on treatment by prayer through spiritual means alone in accordance with the tenets and practice of a recognized churc h or religious denomination, by a duly accredited practitioner thereof. In the case of a duty disability r ecipient who returns to work, the employee must make ap plication to the Retirement Board within 2 years from the date the employee last received duty disability benefits in order to become again entitled to duty disability benefits based on the injury for which a duty disability benefit was theretofore paid.( Source: P.A. 103-523, eff. 1-1-24; revised 7-17-24.) (40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310) Sec. 13-310. Ordinary disability benefit. (a) Any employee who becomes disabled as the result of any cause other than injury or illness inc urred in the performance of duty for the employer or any o ther employer, or while engaged in se lf-employment activities, shall be entitled to a n ordinary disability benefit. The eligible period for this be nefit shall be 25% of the employee's total actual service prior to the date of disability with a cumulative maximum period of 5 years. (b) The benefit shall be allowed only if the employee files an application in writing with the B oard, and a medical report is submitted by at least one licensed health care professional as part of the employee's application . The benefit is not payable for any disabili ty which begins during any period of unpaid leave of abs ence. No benefit shall be allowed for any period of disabi lity prior to 30 days before application is made, unless th e Board finds good cause for the delay in filing the applica tion. The benefit shall not be paid during any period for which the employee receives or is entitled to receive any p art of salary. The benefit is not payab le for any disability which begins during any period of absence from duty other than allowable vacation time in any calendar ye ar. An employee whose disability begins during any such in eligible period of absence from service may not receive ben efits until the employee recovers from the disability and is in service for at least 15 consecutive working days afte r such recovery. In the case of an employee wh o first enters service on or after June 13, 1997, an ordinary disability benefit is not payable for the first 3 days of disability that would otherwise be payable under this Section if the d isability does not continue for at least 11 additional days. Beginning on August 18, 2005 (the effective date of Public Act 94-621) this ame ndatory Act of the 94th General Assembly, an employee who first entered service on or after June 13, 1997 is also eligible for ordinary disability benefits on t he 31st day after the last day worked, provided all s ick leave is exhausted. (c) The be nefit shall be 50% of the employee's s alary at the date of disability, and shall terminate when the earliest of the following occurs: (1) The employee returns to work or receives a reti rement annuity paid wholly or in part under this Article; (2) The disability ceases; (3) The employee willfully and con tinuously refuses to follow medical advice and tre atment to enable the employee to return to work. However, this provision does not apply to an employee who relies in good faith on treatme nt by prayer through spiritual means alone in accordance with the tenets and practice of a recognized church or re ligious denomination, by a duly accredited practition er thereof; (4) The em ployee (i) refuses to submit to a reasonable physical exa mination within 30 days of application by a licensed healt h care professional appointed by the Board, (ii) in the c ase of chronic alcoholism, the employee refuses to join a rehabilitation program licensed by the Department of Publi c Health of the State of Illinois and certified by the Jo int Commission on the Accreditation of Hospitals, (iii) fa ils or refuses to consent to and sign an authorization allowing the Bo ard to receive copies of or to examine the employee's medical and hospital records, or (iv) fails or re fuses to provide complete information regarding any other employment for compensation he or she has received since becoming disabled; or (5) The eligibility eligible period for this benefit has been exhausted. T he first payment of the benefit shall be made not later than one month after the same has been granted, and subsequent payments shall be made at least monthly.(Source: P.A. 102-210, eff. 7- 30-21; 103-523, eff. 1-1-24; revised 7-17-24.)

(

40 ILCS 5/15-112) (from Ch. 108 1/2, par. 15-112)

Sec. 15-112. Final rate of earnings. "Final rate of earnings": (a) This subsection (a) applies only to a Tier 1 member. For an employee who is paid on an hourly basis or who receives an annual salary in installme nts during 12 months of each academic year, the average ann ual earnings during the 48 consecutive calendar month peri od ending with the last day of final termination of employment o r the 4 consecutive academic years of service in which the employee's earnings were the highest, whichever is greater. F or any other employee, the average annual earnings during the 4 consecutive academic years of service in which his or he r earnings were the highest. For an employee with less than 48 month s or 4 consecutive academic years of service, the average ear nings during his or her entire period of service. The earnings of an employee with more than 36 months of service under item (a) of Section 15-113.1 prior to the date of be coming a participant are, for such period, considered equal to the average earnings during the last 36 months of such serv ice. (b) This subsection (b) applies to a Tie r 2 member. For an employee who is pai d on an hourly basis or who receives an annual salary in installments durin g 12 months of each academic year, the average annual earni ngs obtained by dividing by 8 the total earnings of the employ ee during the 96 consecutive months in which the total earnings were the highest within the last 120 months prior to term ination. For any other employee, the average annual earnings during the 8 consecutive academic years within the 10 years prior to termination in which the employee's earnings were the h ighest. For an employee with less than 96 consecutive months or 8 consecutive academic years of service, whichever is necessary, the average earnings during his or her entire per iod of service. (c) For an employee on leave of absence with pay, or on leave of absence with out pay who makes contributions during such leave, earnings are assumed to be equal to the basic compensation on the date t he leave began. (d) Fo r an employee on disability leave, earnings are assumed to be equal to the basic compensation on the date disability occurs or the average earnings during the 24 months immediate ly preceding the month in which disability occurs, whichever is greater. (e) For a Tier 1 member who retires on or after August 22, 1997 (the effective date of Public Act 90-511) thi s amendatory Act of 1997 with at least 20 years o f service as a firefighter or police officer under this Artic le, the final rate of earnings s hall be the annual rate of earnings received by the particip ant on his or her last day as a firefighter or police offic er under this Article, if that is greater than the final rate of earnings as calculated under the other provisions of this Sec tion. (f) If a Tier 1 member is an em ployee for at least 6 months during the academic year in which his or her employment is terminated, the annual final rate of earnings shall be 25% o f the sum of (1) the annual basic compensation for that yea r, and (2) the amount earned during the 36 months immedia tely preceding that year, if this is greater than the final rat e of earnings as calculated under the other provisions of this Section. (g) In the determination of the final rate of earnings for an employee, that part of an employee's earnings for any academic year beginn ing after June 30, 1997, which exceeds the employee's earn ings with that employer for the preceding year by mor e than 20% 20 percent shall be excluded; in the event that an employee has more t han one employer this limitation shall be calculated separatel y for the earnings with each employer. In making such calculati on, only the basic compensation of employees shall be considered, without regard to va cation or overtime or to contracts for summer employment. Beginning Septembe r 1, 2024, this subsection (g) also applies to an employee who has been employed at 1/2 time or less for 3 or more years . (h) The following are not considered as earnings in determini ng the final rate of earnings: (1) sever ance or separation pay, (2) retirement pay, (3) payment for un used sick leave, and (4) payments from an employer for the peri od used in determining the final rate of e arnings for any purpose other than (i) services rendered, (i i) leave of absence or vacation granted during that period , and (iii) vacation of up to 56 work days allowed upon termina tion of employment; except that, if the benefit has been colle ctively bargained between the employer and the recognized col lective bargaining agent pursuant to the Illinois Education al Labor Relations Act, payment received during a period of up to 2 academic years for unused sick leave may be considere d as earnings in accordance with the appli cable collective bargaining agreement, subject to the 20% i ncrease limitation of this Section. Any unused sick leave considered as earnings under t his Section shall not be taken into account in calculating service credit under Section 15-113.4. (i) Intermittent periods of service shall be considered as consecutive in d etermining the final rate of earnings.(So urce: P.A. 103-548, eff. 8-11-23; revised 7-18-24.) Section 340. The Revenue Anticipation Act is amended by changing Section 3 as follows: (50

ILCS 425/3) (from Ch. 85, par. 831-3) Sec. 3.

Notes issued under this Ac t shall be due not more than 12 months from the date of issue and shall be payable in accor dance with the resolution adopted by the governing body providi ng for the issuance of the notes or warrants. Notes issu ed under this Act shall bear interest at not more than th e maximum interest rate allowed by the Bond Authorization A ct "An Act to authorize public corporation s to issue bonds, other evidences of indebtedness and tax a nticipation warrants subject to interest rate limitations set f orth therein", approved May 26, 1970, as amended , payable annually or semi-annually or at the time of pay ment of principal. The interest to the due date of the note may be represented by appropriate coupons and be executed by the facsimile signature of the appropriate treasurer. No notes shall be issued under this Act after the revenue to be anticipated is delinquent. No notes shall be issued or sold, u nless such issuance and sale is authorized by a vote of at lea st two-thirds 2/3 of the members elected to the governing body. The notes shall be sold to the highest responsible bidder after due advertisement and public opening of bids. The governing body may autho rize notes to be issued and sold from time to time and in s uch amounts as the appropriate treasurer deems necessary to provide funds to pay obligations due or to accrue within t he then fiscal year. Notes issued under this Act shall be received b y any collector of revenues against which they are issued a t par plus accrued interest, and, when so received, shall be cancelled with the same effect as though paid pursuant t o this Act. Such notes shall be signed by the presiding officer of the governing body and countersigned by the treasurer. Such notes shall be payable to bearer provided that the notes may be registered as to principal in the name of the holder on th e books of the treasurer and evidence of such registration shall b e endorsed upon the back of notes so registered. Af ter such registration, no transfer shall be made except upon such bo oks and similarly noted on the note unless the last registration was to bearer. Such notes may be re-registered from time to time in the name of the designated holde r but such registration shall not affect the negotiability of the coupons at tached.(Source: P.A. 83-1521; revised 7-24-24.) Section 345. The Warran ts and Jurors Certificates Act is amended by changing Section 3 as follows: (50 ILCS 430/3) (from Ch. 146

1/2, par. 3)

Sec. 3. Each warrant iss ued under this Act may be made payable at the time fixed in t he warrant and shall bear interest, payable only out of the tax es against which it is drawn, at a rate of interest specified in the warrant but not exceedi ng 7% if issued prior to January 1, 1972, and at the ra te of not more than 8% if issued after January 1, 1972 and befo re November 12, 1981, and at a rate not to exceed the rate perm itted in the Bond Authorization Act "An Ac t to authorize public corporations to issue bonds, other evide nces of indebtedness and tax anticipation warrants subject t o interest rate limitations set forth therein", approved May 2 6, 1970, as now or hereafter amended if issued on or after November 12, 1981, annually from the date of issua nce until paid, or until notice is given by publication in a ne wspaper or otherwise, that the money for its payment is avai lable, and that it will be paid on presentation. All jurors' c ertificates shall be issued in conformity with this Act. Th is Act does not apply to school districts, cities, villages, or incorporated towns. For the purposes of this Section, "prime commercial rate" means such prime rate as from time to time is publicly announced by the larges t commercial banking institution located in this State, as measured by total assets.(Source: P.A. 82-902; revised 7-24-24.) Section 350. The Medical Service Facility Act is amended by changing Section 5 as follows: (50 ILCS 450/5) (from Ch. 85, par. 925

) Sec. 5. The resolution authorizi ng the issuance of such bonds shall specify the total amount of bonds to be issu ed, the form and denomination of the bonds, the date they are to bear, the place where they are payable, the date or dates of maturity, which shall not be more than 20 years after the date the bonds bear, the ra te of interest, which shall not exceed the r ate permitted in the Bond Authorization Act, "An Act to authorize public corpo rations to issue bonds, other evidences of indebtedness a nd tax anticipation warrants subject to interest rate l imitations set forth therein", approved May 26, 1970, as now or hereafter amended and the dates on which inter est is payable. The tax authorized to be levied and collected under this Act shall be extended annual ly against all the taxable property within the county or municipality, as t he case may be, at such a rate that the proceeds of the tax, when combined with the rental income derived from the medical service facility, will be sufficient to pay the principal of the bonds at maturity and to pay the interest thereon as it fa lls due.(Source: P.A. 82-902; revised 7-29-24.) Section 355. The Illinois Police Training Act is amended by changi ng Section 8.2 and by setting forth, renumbering, and changing multiple versions of Section 10.25 as follows:

(50 ILCS 705/8.2) Sec. 8.2. Part-time law enforcement officers. (a) A person hired to serve as a part-time law enforcement officer must obtain from the Board a certificate (i ) attesting to the officer's successful completion of the par t-time police training course; (ii) attesting to the of ficer's satisfactory completion of a training program of simi lar content and number of hours that has been found acceptable by the Board under the provisions of this Act; or (iii) a tr aining waiver attesting to the Board's determination that the part-time police traini ng course is unnecessary because of the person's prior law enforcement experience obtained in Illinois , in any other state, or with an agency of the federal g overnment. A person hired on or after March 14, 20 02 (the effective date of Public Act 92-533) this amendatory Act of the 92nd General Assembly must obtain this certificate within 18 months after the initial date of hire as a probationary part-time law enforcement officer in the State of Illinois. The probationary part-time law enforcement officer must be enrolled and accepted into a Board-approv ed course within 6 months after active employment by any department in the State. A person hired on or after January 1, 1996 and befor e March 14, 2002 (the effective date of Public Act 92-533) this amendatory Act of the 92nd General Assembly must obtain this certificate within 18 months after the date of hi re. A person hired before January 1, 1996 must obtain this cer tificate within 24 months after January 1, 1 996 (the effective date of Public Act 89-170) this amendatory Act of 1995. Agencies seeking a reciprocity waiver for training com pleted outside of Illinois must conduct a thorough background check and provid e verification of the officer's prior training. After review and satisfaction of all requested con ditions, the officer shall be awarded an equivalency certificate satisf ying the requirements of this Section. Within 60 days after January 1, 2024 (the effective date of Public Act 103-389) thi s amendatory Act of the 103rd General Assembly, th e Board shall adopt uniform rules providing for a waiver p rocess for a person previously employed and qualified as a law enforcement or county corrections officer under federal l aw or the laws of any other state, or who has completed a basic law enforcement officer or correctional officer academy who would be qualified to be employed as a law en forcement officer or correctional officer by the federal government or any other state. These rules shall address the p rocess for evaluating prior training credit, a descriptio n and list of the courses typically required for reciprocity c andidates to complete prior to taking the exam, and a procedure for employers seeking a pre-activation determination for a reciprocity training waiver. The r ules shall provide that any eligible person previously trai ned as a law enforcement or county corrections officer under federal law or the laws of any other state shall s uccessfully complete the following prior to the approval of a waiver: (1) a training p rogram or set of coursework approved by the Boar d on the laws of this State relevant to the du ties and training requirements of law enforcement and count y correctional officers; (2) firearms training; and (3) successful passage of the equivalency certification examinati on. The employing agency may seek an extension waiver from the Board extending the period for complianc e. An extension waiver shall be issued only for good and jus tifiable reasons, and the probationary part-time law enf orcement officer may not practice as a par t-time law enforcement officer during the extension waiver period. If training is required and not completed within the applicable time period, as extended by an y waiver that may be granted, then the officer must forfeit the officer's position. An individual wh o is not certified by the Board or whose certified status is inactive shall not function as a law enforcement officer, b e assigned the duties of a law enforcement officer by an agency, or be author ized to carry firearms under the authority of the employer, except that sheriffs who are elected are exempt from the requirement of certified status. Failure to be in accordance wit h this Act shall cause the officer to forfeit the officer's p osition. (a-5) A part-time pr obationary law enforcement officer shall be allowed to complet e 6 six months of a part-time police training course and function as a law en forcement officer as permitted by this subsection with a waiv er from the Board, provided the part-time law enforcem ent officer is still enrolled in the training course. If the part-time probationary law enforcement officer wit hdraws from the course for any reason or does n ot complete the course within the applicable time period, as extended by any waiver that may be granted, then the of ficer must forfeit the officer's position. A pr obationary law enforcement officer must function under the following rules: (1) A law e nforcement agency may not grant a person status as a law enforcement officer unless the person has been granted an active law enforcement of ficer certification by the Board. (2) A part-time probationary law enforcement officer shall not be used as a permanent replacement for a full-time law enforcement officer. (3) A part-time probationary law enforcement officer shall be directly supervised at all times by a Board-cer tified Board certified law enforcement officer. Direct supervision requires oversight and control with the superviso r having final decision-making authority as to the act ions of the recruit during duty hours. (b) Inactive status. A person who has an inactive law enforcement officer certification has no law enforcement authority. (1) A law enforcement officer's certification becomes inac tive upon termination, resignation, retirement, or separa tion from the employing agency for any reason. The Board shall reactivate re-activate a certification upon written application fr om the law enforcement officer's employing agency that shows the law enforcement officer: (i) has accepted a part-time law enforcement p osition with that a law enforcement agency, (ii) is not the subject of a decertification proceeding, and (i ii) meets all other criteria for reactivat ion re-activation required by the Board. The Board may refuse to reactivate re-activate the certification of a law enforce ment officer who was involuntarily terminated for good cause by the officer's employing agency for conduct subject to decertification under this Act or resigned or retired after receiving notice of a law enforcement agency's inves tigation. (2) A l aw enforcement agency may place an officer who is curren tly certified on inactive status by sending a written re quest to the Board. A law enforcement officer whose cert ificate has been placed on inactive status shall not function as a law enforcement officer until the officer has completed any requirements for reactivating the certificate as required by the Board. A request fo r inactive status in this subsection shall be in writing, accompanied by verifying d ocumentation, and shall be submitted to the Board by the law enforcement officer's employing agency. (3) Certification that has become inactive under paragraph (2) of this subsection (b), shall be reactivated by written notice fr om the law enforcement officer's law enforcement agency upon a showing that the law enforcement officer is : (i) employed in a part-time law enforcement position with the same law enforcement agency, (ii) not the subject of a decertification proceeding, and (iii) meets all other criteria for reactivation re-activation required by the Board. The Board may also establish special training requi rements to be completed as a condition for reacti vation re-activation. The Board shall revi ew a notice for reactivation from a law enforcement agency and prov ide a response within 30 days. The Board may extend this rev iew. A law enforcement officer shall be allowed to be emplo yed as a part-time law enforcement officer while the law enforcement officer reactivation waiver is u nder review. A law enforcement officer who is re fused reactivation or an employing agency of a law enforcem ent officer who is refused reactivation under this Sect ion may request a hearing in accordance with the hea ring procedures as outlined in subsection (h) of Section 6. 3 of this Act. (4) No twithstanding paragraph (3) of this Section, a law enforcem ent officer whose certification has become inactive under paragraph (2) may have the officer's employing agency sub mit a request for a waiver of training requiremen ts to the Board in writing and accompanied by any verifyi ng documentation. A grant of a waiver is within the discr etion of the Board. Within 7 days of receiving a request f or a waiver under this section, the Board shall notify th e law enforcement officer and the chief administrator of the law enforcement officer's employing agency, whether t he request has been granted, denied, or if the Board will t ake additional time for information. A law enforcement a gency or law enforcement officer, whose request for a waive r under this subsection is denied, is entitled to r equest a review of the denial by the Board. The law enforcement agency must reque st a review within 20 days after the waiver being denied. The burden of proof shall be on the law enforcement agency to show w hy the law enforcement officer is entitled to a waiver of the l egislatively required training and eligibility requirements. (c) The part-time police training course referred to in this Section shall be of similar content and t he same number of hours as the courses for full-time officers and shall be provided by Mobile Team In-Service Training Units under the Intergovernment al Law Enforcement Officer's In-Service Training Act o r by another approved program or facility in a manner prescribed by the Board. (d) Within 14 da ys, a law enforcement o fficer shall report to the Board: (1) any name ch ange; (2) any change in employment; or (3) the filing of any criminal indictment or charges against the officer alleging th at the officer committed any offense as enumerated in Section 6.1 of this Act. (e) All law enforcemen t officers must report the completion of the training req uirements required in this Act in compliance with Section 8.4 of this Act. (e-1) Each employing agency shall allow and provide an opportunity for a law enforcement office r to complete the requirements in this Act. All mandated tra ining shall be provided for at no cost to the employees. Emplo yees shall be paid for all time spent attending mandated train ing. (e-2) Each agency, academy, or tr aining provider shall maintain proof of a law enforcement offi cer's completion of legislatively required training in a form at designated by the Board. The report of training shall be submitted to the Board within 30 days following complet ion of the training. A copy of the report shall be sub mitted to the law enforcement officer. Upon receipt of a properly completed report of training, the Board will make the appropriate entry into the traini ng records of the law enforcement officer. (f) For the purposes of this Sectio n, the Board shall adopt rules defining what constitutes employment on a part-time basis. (g) Notwithsta nding any provision of law to the contrary, the changes made to this Section by Publi c Act 102-694 this amendatory Act of the 102nd General As sembly and Public Act 101-652 take effect July 1, 2022. (Source: P.A. 102-694, eff. 1-7-22; 103-389, eff. 1-1-24; revis ed 7-29-24.)

(50 ILCS 705/10.25) Sec. 10.25. Training; cell phone medical information. The Board shall develop and req uire each law enforcement officer to participate in tra ining on accessing and utilizing medical information stored in cell phones. The Board may use the program approved under Section 2310 -711 of the Department of Public Health Powers and Duties Law of the Civi l Administrative Code of Illinois to develop the Board's program.(Source: P.A. 103-939, eff. 1-1-25 .) (50 ILCS 705/10.26) Sec. 10.26 10.25. Training; autism -informed response training course.

(a) The Board shall develop or approve a course to assist law enf orcement officers in identifying and appropriately responding to individuals with autism spectru m disorders. (b) The Board shall conduct or approve the autism-informed response training course no later than January 1, 2027 (2 years after the effective date of Public Act 103-949) this amendatory Act of the 103rd General Assembly. The Board may consult with the Department o f Public Health or Department of Human Services to develop and update the curriculum as needed. The course must include instruction in autism-informed responses, procedures, and techniques, which may include, but are not limited to: (1) recognizing the signs and symptoms of an autism spectrum disorder; (2) responding to the needs of a victim with an autism spectrum disorder; (3) interview and inter rogation techniques for an individual with an autism spectr um disorder; and (4) t echniques for differentiating an individual w ith an autism spectrum disorder from a person who is be ing belligerent and uncooperative. The Board must, within a reasonable amount of time, update this cour se, from time to time, to conform with national trends and best practices. (c) The Board is encouraged to adopt model policies to assist law enforcement agencies in appropriately responding to individuals with autism spectrum disorders.(Sour ce: P.A. 103-949, eff. 1-1-25; revised 12-3-24.) S ection 360. The Emergency Telephone System Act is amended by cha nging Section 7.1 as follows:

(50 ILCS 750/7.1) (Section scheduled to be repe aled on December 31, 2025) Sec. 7.1 . Training. (a) Each 9-1-1 Authority, as well as its answering points, shall ensure its public sa fety telecommunicators and public safety telecommunicator Supervisors comply with the training , testing, and certification requirements establishe d pursuant to Section 2605-53 of the I llinois Department of State Police Law. (b) Each 9-1-1 Aut hority, as well as its answering points, shall mainta in a record regarding its public safety telecommunica tors and public safety telecommunicator Supervisors compliance with this Section f or at least 7 years and shall make the training records avail able for inspection by the Administrator upon request. (c) Costs incurred for the development of standards, training , testing, and certification shall be ex penses paid by the Department from the funds available to the Administrator and the Statewide 9-1-1 Advisory Board under Section 30 of this Act. Nothing in this subsection shall prohibit the use of grants or othe r nonsurcharge funding sources available for this purpose. (So urce: P.A. 102-9, eff. 6-3-21; revised 10-16-24.) Section 365. The Community Emergency Services and Support Act is amended by changing Section 55 as follows:

(50 ILCS 754/55) S ec. 55. Immunity. The exemptions from civil liability in Sec tion 15.1 of the Emergency Telephone System Systems Act apply to any act or omission in the development, design, installation, operation, maintenance, p erformance, or provision of service directed by this Act. (Sou rce: P.A. 102-580, eff. 1-1-22; revised 7-29-24.) Section 370. The Sma ll Wireless Facilities Deployment Act is amended by changing Section 15 as follow s: (50 ILCS 840/15) (was 50 ILCS 835/15) (Section scheduled to be repealed on January 1, 2030 ) Sec. 15. Regulation of small wireless facilities. (a) This Sectio n applies to activities of a wireless provider within or outside rights-of-way. (b) Except as provided in this Section, an authority may not prohibit, regulate, or charge for the collocation of small wir eless facilities. (c) Small wireless facilit ies shall be classified as permitted uses and subject to administrative re view in conformance with this Act, except as provided in paragraph ( 5) of subsection (d) of this Section regarding h eight exceptions or variances, but not subject to zoning re view or approval if they are collocated (i) in rights-of-way in any zone, or (ii) outside rights-of -way in property zoned exclusively for commercial or industrial use. (d) An authority may require an appli cant to obtain one or more permits to collocate a small wi reless facility. An authority shall receive applications for, pr ocess, and issue permits subject to the following requireme nts: (1) An authority may not directly or indirectly require an applicant to per form services unrelated to the collocation for which appro val is sought, such as in-kind contributions to the authority, including reserving fiber, conduit, or utility pole space for the authority on the wireless provider's utility pole. An authority may reserve space on au thority utility poles for future public safety uses or for the authority's electric utility uses, but a reservati on of space may not preclude the collocation of a small wir eless facility unless the authority reasonably dete rmines that the authority utility pole cannot accommodate both uses. (2) An applic ant shall not be required to provide more information to ob tain a permit than the authority requires of a communicat ions service provider that is not a wireless provider tha t requests to attach facilities to a structure; however, a wire less provider may be required to provide the following info rmation when seeking a permit to collocate small wire less facilities on a utility pole or wireless support structure: (A) site specific structural integrity a nd, for an authority utility pole, make-ready a nalysis prepared by a structural engineer, as that term is defined in Section 4 of the Structural Enginee ring Practice Act of 1989; (B) the location where each pro posed small wireless facility or utility pole would be instal led and photographs of the location and its immediate surr oundings depicting the utility poles or structur es on which each proposed small wireless facility wou ld be mounted or location where utility poles or st ructures would be installed; (C) specifications a nd drawings prepared by a structural engineer, as that term i s defined in Section 4 of the Structural Engineering Practice Act of 1989, for each proposed small wireless facility covered by the application as it is proposed to be installed ; (D) the equ ipment type and model numbers for the antennas and all othe r wireless equipment associated with the small wireless faci lity; (E) a proposed schedule for the installation an d completion of each small wireless facility covered by the a pplication, if approved; (F) certification that the collocation complies with paragrap h (6) to the best of the applicant's knowledge; and (G) the wireless provi der's certification from a radio engineer that it operat es the small wireless facility within all applicable FCC st andards. (3) Subject to paragraph (6), an authority may not require the placement of small wireless facilities on any specific ut ility pole, or category of utility poles, or require mu ltiple antenna systems on a single utility pole; howeve r, with respect to an application for the collocation of a small wireless facility associated with a new uti lity pole, an authority may propose that the small wi reless facility be collocated on an existing utility pole o r existing wireless support structure within 200 feet of the proposed collocation, which the applicant shall ac cept if it has the right to use the alternate structure on reasonable terms and conditions and the alternate location and structur e does not impose technical limits or additional material costs as determined by the applicant. The a uthority may require the applicant to provide a written c ertification describing the property rights, technical li mits, or material cost reasons the alternate location does not satisfy the criteria in this paragraph (3 ). (4) Subject to para graph (6), an authority may not limit the placement of sma ll wireless facilities mounted on a utility pole or a wire less support structure by minimum horizontal separation di stances. (5) An authori ty may limit the maximum height of a small wireless facility to 10 feet above the utility pole or wireless support structure on which the small wireless facili ty is collocated. Subject to any applicable waiver, zo ning, or other process that addresses wireless provider req uests for an exception or variance and does not prohibit granting of such exceptions or variances, the authority m ay limit the height of new or replacement utility poles o r wireless support structures on which small wireless faci lities are collocated to the higher of: (i) 10 feet in h eight above the tallest existing utility pole, other than a utility pole supporting only wireless facilities, that is in place on the date the application is submitted to the a uthority, that is located within 300 feet of the new or replacement ut ility pole or wireless support structure and that is in the same right-of-way within the jurisdictional boundary of the authority, provided the authority may designate which intersecting right-of-w ay within 300 feet of the proposed utility pole or wireless sup port structures shall control the height limitat ion for such facility; or (ii) 45 feet above ground le vel. (6) An au thority may require that: (A) the wireless provider' s operation of the small wireless facilitie s does not interfere with the frequencies used by a public safety agency for public safety communications; a wireless provider shall install small wire less facilities of the type and frequency that will no t cause unacceptable interference with a public safe ty agency's communications equipment; unacceptable interference will be determined by and measured in acc ordance with industry standards and the FCC's regulatio ns addressing unacceptable interference to public safety spectrum or any other spectrum licensed by a p ublic safety agency; if a small wireless facility cause s such interference, and the wireless provider ha s been given written notice of the interference by the public safety agency, the wireless provider, at its own expense, shall take all reasonable steps neces sary to correct and eliminate the interference, incl uding, but not limited to, powering down the small wi reless facility and later powering up the small wirele ss facility for intermittent testing, if necessary; the authority may terminate a permit for a small wirele ss facility based on such interference if the wirel ess provider is not making a good faith effort to re medy the problem in a manner consistent with the abatement and resolution procedures for interference with public s afety spectrum established by the FCC including 47 C FR 22.970 through 47 CFR 22.973 and 47 CFR 90.672 throu gh 47 CFR 90.675; (B) the wireless provider comply with requ irements that are imposed by a contract between an authority and a private property owner that concern des ign or construction standards applicable to utility poles a nd ground-mounted equipment located in the right-of-way; (C) the wireless provider comply with appli cable spacing requirements in applicable codes and ord inances concerning the location of ground-mounted equ ipment located in the right-of-way if the require ments include a waiver, zoning, or other process tha t addresses wireless provider requests for exception o r variance and do not prohibit granting of such exceptions or variances; (D) the wireless provider comply with local code provisions or regulations concerning und ergrounding requirements that prohibit the installat ion of new or the modification of existing utility poles in a right-of- way without prior approval if the requirements include a wai ver, zoning, or other process that addresses requests t o install such new utility poles or modify such e xisting utility poles and do not prohibit the replacement of utilit y poles; (E ) the wireless provider comply with generally appl icable standards that are consistent with this Act and adopted by an authority for construction and p ublic safety in the rights-of-way, incl uding, but not limited to, reasonable and nondiscrim inatory wiring and cabling requirements, grounding req uirements, utility pole extension requirements, acoustic regulations, and signage limitations; and shall comply with reasonable and nondiscriminatory requirements that are consistent with t his Act and adopted by an authority regulating the l ocation, size, surface area and height of small wirel ess facilities, or the abandonment and removal of smal l wireless facilities; (F) the wireless provider not colloc ate small wireless facilities on authority uti lity poles that are part of an electric distribution or transmission system within the communication worker s afety zone of the pole or the electric supply zone of the pole; however, the antenna and support equ ipment of the small wireless facility may be located in the communications space on the authority utility pole and on the top of the pole, if not othe rwise unavailable, if the wireless provider complies with applicable codes for work involving the top of t he pole; for purposes of this subparagraph (F), the terms "communications space", "communication worker sa fety zone", and "electric supply zone" have th e meanings given to those terms in the National Electric Safety Code a s published by the Institute of Electrical and Electronics Engineers; (G) the wireless provider comply with the appli cable codes and local code provisions or regulati ons that concern public safety; (H) the wireless provide r comply with written design standards that are ge nerally applicable for decorative utility poles, or reasonable stealth, concealment, and aesthetic requirements that are identified by the authority in an ordinance, wr itten policy adopted by the governing board of the authority, a comprehensive plan, or other written design plan t hat applies to other occupiers of the rights -of-way, including on a historic landmark or in a historic district; (I) subje ct to subsection (c) of this Section, and except for facilities excluded from evaluation for effects on historic properties under 47 CFR 1.1307(a)(4), rea sonable, technically feasible, and non-discriminatory design or concealmen t measures in a historic district or historic landmar k; any such design or concealment measures, including restrictions on a specific category of poles, may not h ave the effect of prohibiting any provider's technology ; such design and concealment measures shall not be co nsidered a part of the small wireless facilit y for purposes of the size restrictions of a small wire less facility; this paragraph may not be construed to l imit an authority's enforcement of historic preservation in conformance with th e requirements adopted pursuant to the Illinois State Agency Historic Resources Preservation Act or the National Hi storic Preservation Act of 1966, 54 U.S.C. Sectio n 300101 et seq., and the regulations adopted to im plement those laws; and (J) When a wireless provider replaces or adds a n ew radio transceiver or antennas to an existing small wirele ss facility, certification by the wireless provider from a radio engineer that the continuing operation of t he small wireless facility complies with all applicable FCC standards. ( 7) Within 30 days after receiving an application, an author ity must determine whether the application is complete and notify the applicant. If an application is incomp lete, an authority must specifically identify the missing information. An application shall be deemed complete if the authority fails to provide notification to the applicant within 30 days after when all documents, inf ormation, and fees specifically enumerated in the authority's permit application form are submitted by the applicant to the authority. Proces sing deadlines are tolled from the time the authority sends t he notice of incompleteness to the time the appli cant provides the missing information. (8) An authority sh all process applications as follows: (A) an application to col locate a small wireless facility on an existing utility pole or wireless support structure sha ll be processed on a nondiscriminatory basis and dee med approved if the authority fails to approve or de ny the application within 90 days; however, if an appl icant intends to proceed with the permitted activity on a deemed approved basis, the applicant must notify the authority in writing of its intention to invok e the deemed approved remedy no sooner than 75 days after the submission of a completed application; t he permit shall be deemed approved on the latter of the 90th day after submission of the complete application or the 10th day after the receipt of the deemed approved notice by the authority; the receipt of the deemed appro ved notice shall not preclude the authority's denial of the permit request within the time limits as provid ed under this Act; and (B) an application to collocate a smal l wireless facility that includes the installation of a new utility pole shall be processed on a nondiscr iminatory basis and deemed approved if the authori ty fails to approve or deny the application wit hin 120 days; however, if an applicant intends to proceed with the permitted activity on a deeme d approved basis, the applicant must notify the authori ty in writing of its intention to invoke the deemed app roved remedy no sooner than 105 days after the submis sion of a completed application; the permit shall be deemed approved on the latter of the 120th day after submission of the complete application or the 10th day after the receipt of the deemed approved no tice by the authority; the receipt of the deemed approv ed notice shall not preclude the authority's denial of the permit request within the time limits as provided und er this Act. (9) An au thority shall approve an application unless the application does not meet the requirements of this Act. If an authority determines that applicable codes, local cod e provisions or regulations that concern public safety, or the requirements of paragraph (6) require that th e utility pole or wireless support structure be replac ed before the requested collocation, approval may be co nditioned on the replacement of the utility pole or wire less support structure at the cost of the provider. The authority must document the basis for a denial, including the specific code provisions or application conditions on which the denial was based, and send the documentati on to the applicant on or before the day the authority deni es an application. The applicant may cure the deficien cies identified by the authority and resubmit the re vised application once within 30 days after notice of denia l is sent to the applicant without paying an additional ap plication fee. The authority shall approve or deny the revised application within 30 days after the applicant resubmits the application or it is deemed approved; howe ver, the applicant must notify the authority in writing of its intention to proceed with the permitted activity o n a deemed approved basis, which may be submitted with the resubmitted application. Any subsequent review shall be limited to the deficiencies cited in the denial. How ever, this revised application cure does not apply if the c ure requires the review of a new locatio n, new or different structure to be collocated upon, new ante nnas, or other wireless equipment associated with the small wi reless facility. (10) The time period for applications may be fur ther tolled by: (A) the express agreement in writing by both the applicant and the authority; or (B) a local, State, or federal d isaster declaration or similar emergency that causes the delay. (11) An applica nt seeking to collocate small wireless facilities within t he jurisdiction of a single authority shall be allowed, at the applicant's discretion, to file a consolidated appli cation and receive a single permit for the collocati on of up to 25 small wireless facilities if the collocat ions each involve substantially the same type of small wir eless facility and substantially the same type of structur e. If an application includes multiple small wireless facil ities, the authority may remove small wireless fac ility collocations from the application and tre at separately small wireless facility coll ocations for which incomplete information has been provided or that do not qualify for consolidated treatment or that are denied. The authority may issue separate permits for each collocation that is approved in a consolidated application.

(12) Collocation for wh ich a permit is granted shall be completed within 180 day s after issuance of the permit, unless the authority and th e wireless provider agree to extend this period or a dela y is caused by make-ready work for an authority u tility pole or by the lack of commercial power or backha ul availability at the site, provided the wireless provider has made a timely request within 60 days after the issuance of the permit for commercial power or backhaul services, and the additional time to compl ete installation does not exceed 360 days after issuance of the permit. Otherwise, the permit shall be void unless th e authority grants an extension in writing to the applican t. (13) The duration of a permit shall be for a period of not less than 5 years , and the permit shall be renewed for equivalent duratio ns unless the authority makes a finding that the small wireless facilities or the new or modified utility pole do not comply with the applicable codes or local code provisions or regulations in paragraphs (6) and (9). If this Act is repealed as provided in Section 90, ren ewals of permits shall be subject to the applicabl e authority code provisions or regulations in effect at t he time of renewal. (14) An authority may not prohibit, either expressly or de facto, the (i) filing, receiving, or pro cessing applications, or (ii) issuing of permits or other ap provals, if any, for the collocation of small wirele ss facilities unless there has been a local, State, or federal disaster declaration or similar emergency that ca uses the delay. (1 5) Applicants shall submit applications, supporting infor mation, and notices by personal delivery or as otherwi se required by the authority. An authority may require that permits, suppor ting information, and notices be submitted by pers onal delivery at the authority's designated place of business, by regular mail postmarked on the date due, or by any other commonly used means, including ele ctronic mail, as required by the authority. (e) Application fees are subject to the following req uirements: (1) An au thority may charge an application fee of up to $650 for an application to collocate a single small wireless facility on an existing utility pole or wireless support structure a nd up to $350 for each small wireless facility addressed in an application to collocate more than one small wireless facility on existing utility poles or wireless support structures. (2) An auth ority may charge an application fee of $1,000 for each small wireless facility addressed in an application tha t includes the installation of a ne w utility pole for such collocation. (3) Notwithstanding any contrary provision of State law or local ordinance, applications pursuant to this Section must be accompanied by the required application fee. (4) Within 2 months after the effective date o f this Act, an authority shall make available applicat ion fees consistent with this subsection, through ordinance, or in a written schedule of permit fees adopted by the authority.

(5) Notwithstanding any provision of this Act to the contra ry, an authority may charge recurring rates and application fees up to t he amount permitted by the Federal Communication s Communication Commis sion in its Declaratory Ruling and Third Repo rt and Order adopted on September 26, 2018 in WT Do cket Nos. 17-70, 17-84 and cited as 33 FCC Rcd 9088, 9129, or any subsequent ruling, order, or guidance iss ued by the Federal Communication Commission regarding fees and recurri ng rates. (f) An authority shall not requ ire an application, approval, or permit, or require any fees or other charges, from a communications service provider autho rized to occupy the rights-of-way, for: (i) routine maintenance; (ii) the replacement of wireless facil ities with wireless facilities that are substantially similar, the same size, or smaller if the wireless provider notifie s the authority at least 10 days prior to the planned repla cement and includes equipment specifications for the repla cement of equipment consistent with the requirements of s ubparagraph (D) of paragraph (2) of subsection (d) of this Se ction; or (iii) the installation, placement, maintenance, operation, or rep lacement of micro wireless facilities that are suspended on c ables that are strung between existing utility poles in c ompliance with applicable safety codes. However, an authority may require a permit to work within rights-of-way for activities that affect traffic patterns or require lane closures . (g) Nothing in this Act authorizes a person to collocate small wireless facilities on: (1) property owned by a private party or property owned or control led by a unit of local government that is not located within rights-of-way, subject to subsection (j) of this Section, or a privately owned utility pole or wire less support structure without the consent of the p roperty owner; (2) property owned, leased, or controlled by a park distri ct, forest preserve district, or conservation district for public park, recreation, or conservation purposes without t he consent of the affected district, excluding the placeme nt of facilities on rights-of-way located in an affected district that are under the jurisdiction and control of a diff erent unit of local government as provided by the Illinois Highw ay Code; or (3) property owned by a rail carrier registered un der Section 18c-7201 of the Illinois Vehicle Code, Met ra Commuter Rail or any other public commuter rail serv ice, or an electric utility as defined in Section 16-102 of the Public Utilities Act, without the consent of the ra il carrier, public commuter rail service, or electric utility. The p rovisions of this Act do not apply to an electric or gas public utility or such ut ility's wireless facilities if the facilities are being used, develo ped, and maintained consistent with the provisions of sub section (i) of Section 16-108.5 of the Public Util ities Act. For the purposes of this subsecti on, "public utility" has the meaning given to that term in Section 3-105 of the Public Utilities Act . Nothing in this Act shall be construed to relieve a ny person from any requirement (1) to obtain a fra nchise or a State-issued authorization to offer cabl e service or video service or (2) to obtain any required permis sion to install, place, maintain, or operate communications facilities, ot her than small wireless facilities subject to this Act. (h) Agreements between authorities and wireless p roviders that relate to the collocation of small wireless facilities in the right-of-way, including the collocation of small wireless facilities on authority utility poles, that are in effect on the effective date of this Act re main in effect for all small wireless facilities collocated on the auth ority's utility poles pursuant to applications submitt ed to the authority before the effective date of this Act, sub ject to applicable termination provision s. Such agreements entered into after the effective dat e of the Act shall comply with the Act.

(i) An authority shall allow the collocation of small wireless facilities on authority utility poles subject to the following: (1) An authority may not enter in to an exclusive arrangement with any person for the right to attach small wireless facilities to authority utility poles. (2) The rates and fees for coll ocations on authority utility poles shall be nondiscriminatory rega rdless of the services provided by the collocating person . (3) An authority may charge an annual recurring rate to collocate a small wireless facility on an authority utility pole located in a right-of-way that equals (i) $270 per year or (ii) the actual, direct, and reasonable costs related to the wireless pro vider's use of space on the authority utility pole. Rates for collocat ion on authority utility poles located outside of a right -of-way are not subject to these limitations. In any controversy concerning the appropriateness of a co st-based rate for an authority utility pole located within a right-of-way, the authority shall have the burden of proving that the rate does not exce ed the actual, direct, and reasonable costs for the applicant's proposed use of the authority utility pole. Nothing in this paragraph (3) prohib its a wireless provider and an authority from mutually agreeing to an annual recurring rate of less than $270 to collo cate a small wireless facility on an authority utilit y pole. (4) Authoritie s or other persons owning or controlling authority uti lity poles within the right-of-way shall offe r rates, fees, and other terms that comply with subparagrap hs (A) through (E) of this paragraph (4). Within 2 months after the effective date of this Act, an authorit y or a person owning or controlling authority utility po les shall make available, through ordinance or an aut hority utility pole attachment agreement, license or other agreement that makes available to wireless providers, the rates, fees, and terms for the collocation of small wirele ss facilities on authority utility poles that comply with t his Act and with subparagraphs (A) through (E) of this pa ragraph (4). In the absence of suc h an ordinance or agreement that complies with this Act, and until such a compliant ordinance or agreement is adopted, wireless providers may collocate small wireless facilities and install utility poles under the requirements of this Act. (A) The rates, fees, and terms must be nondiscriminatory, competitively neutr al, and commercially reasonable, and may add ress, among other requirements, the requirements in subpa ragraphs (A) through (I) of paragraph (6) of subs ection (d) of this Section; subsections (e), (i), and ( k) of this Section; Section 30; and Section 35, and must co mply with this Act. (B) For authority utility poles that support ae rial facilities used to provide communications services or electric service, wireless providers shall comply with the process for make-ready work under 47 U.S.C. 224 and its implementing regulations, and the authority shall follow a substantially similar process for make-ready work except to the extent that the timing requirements are otherwise addressed in this Act. The good-faith estimate of the person owning or controlling the authority utility pole for any make-ready work necessary to enable the pole to suppo rt the requested collocation shall include authority utility pole replacement, if necessary.

(C) For authority utility poles t hat do not support aerial facilities used to provide communications services or electric service, the authority shall provide a good-faith estimate for any make-ready work necessary to enable the authority utility pole to support the requested collocation , including pole replacement, if necessary, within 90 days after receipt of a complete application. Mak e-ready work, including any authority utility pole replacement, shall be completed within 60 days of written acceptance of the good-faith estimat e by the applicant at the wireless provider's sole cost and expense. Alternatively, if the authority determin es that applicable codes or public saf ety regulations require the authority utility pole to be replaced to support the requested collocation, the author ity may require the wireless provider to replace the auth ority utility pole at the wireless provider's sole c ost and expense.

(D) The authority shall not require mor e make-ready work than required to meet applicab le codes or industry standards. Make-ready work may include work needed to accommodate additional p ublic safety communications needs that are identifie d in a documented and approved plan for the deployment of p ublic safety equipment as specified in paragraph (1) of subsection (d) of this Section and included in an existing or preliminary authority or public servi ce agency budget for attachment within one yea r of the application. Fees for make-ready wor k, including any authority utility pole replacement, s hall not exceed actual costs or the amount charged to commun ications service providers for similar work and sh all not include any consultants' fees or expenses for autho rity utility poles that do not support aerial facilities used to provide commu nications services or electric service. Make-ready work, including any pole replacement, shall be complet ed within 60 days of written acceptance of the good-faith estimate by the wireless provider, at i ts sole cost and expense. (E) A wireless provider that has an existing agreement with the authority on the effecti ve date of the Act may accept the rates, fees, and terms that an authority makes available under this Act for the collocation of small wireless facilit ies or the installation of new utility poles for the collocation of small wireless facilities that are the subject of an application submitted 2 or mo re years after the effective date of the Act as provide d in this paragraph (4) by notifying the authority that it opts to accept such rates, fees, and te rms. The existing agreement remains in effect, subject to applicable termination provisions, for the small wi reless facilities the wireless provider has collocated on t he authority's utility poles pursuant to applications submitted to the authority before the wireless provider provides suc h notice and exercises its option under this subparagraph.

(5) Notwithstanding any provision of this Act to the contra ry, an authority may charge recurring rates and application fees up to t he amount permitted by the Federal Communication s Communication Commis sion in its Declaratory Ruling and Third Repo rt and Order adopted on September 26, 2018 in WT Docket No s. 17-70, 17-84 and cited as 33 FCC Rcd 9088, 91 29, or any subsequent ruling, order, or guidance issued by the Federal Comm unication Commission regarding fees and recurring rates. (j) An authority shall authorize the collocation of small wireless facilities on utility poles owned or cont rolled by the authority that are not located within righ ts-of-way to the same extent the authority currently permits access to utility poles for other comm ercial projects or uses. The collocations shall be subjec t to reasonable and nondiscriminatory rates, fees, and terms as provided in an agreement between the authority and the wireless provider. (k) Nothing in this Section pr ecludes an authority from adopting reasonable rules with respect to the removal of abandoned small wireless facilit ies. A small wireless facility that is not operated fo r a continuous period of 12 months shall be considered abandone d and the owner of the facility must remove the small wireless facility within 90 days after receipt of written notice from the authority notifying the owner of the abandonment. The notice shall be sent by certified or registered mail, return rece ipt requested, by the authority to the owner at the last k nown address of the owner. If the small wireless facility is not removed within 90 days of such notice, the authority may remove or cause the removal of the facility pursuant to the t erms of its pole attachment agreement for authority utility po les or through whatever actions are provided for abatement of nuisances or by other law for removal and cost recovery. An au thority may require a wireless provider to pr ovide written notice to the authority if it sells or transfers small wireless facilities subject to this Act withi n the jurisdictional boundary of the authority. Such notice shall include the name and contact information of the new wireles s provider. (l) Nothing in this Section require s an authority to install or maintain any specific utili ty pole or to continue to install or maintain utility poles in any location if the authority makes a non-discriminator y decision to eliminate above-ground utility poles of a particular type generally, such as electric utility poles, i n all or a significant portion of its geographic jurisdictio n. For authority utility poles with collocated small wireless facilities in place when an authority makes a decision to elim inate above-ground utility poles of a particular type generally, the authority shall either (i) continue to maintain the authority utility pole or install and maintain a reasona ble alternative utility pole or wireless support st ructure for the collocation of the small wireless facility, or (ii) offer to sell the utilit y pole to the wireless provider at a reasonable cost or allow the wireless provider to install its own utility pole so it can maintain service from that location.(Sourc e: P.A. 102-9, eff. 6-3-21; 102-21, eff. 6- 25-21; 103-601, eff. 7-1-24; revised 10-21-24.) Section 375. The Counties Code is amended by changing Sections 3-15003.6, 4-11001.5, 5-1009, 5-1069, 5-1069.3, 5-12020, 5-150 17, 5-31012, 5-31016, 6-4002, and 6-27004 and by setting forth, renumbering, and changing multiple versions of Sections 5-1189 and 5-12022 as follows:

(55 ILCS 5/3-15003.6) Sec. 3-15003.6. Pregnant committed persons. (a) Definitions. For the p urpose of this Section and the Sections preceding Section 3 -15004: (1) "Rest raints" means any physical restraint or mechanical device used to control the mov ement of a body or limbs, or both, including, but not limi ted to, flex cuffs, soft restraints, hard metal hand cuffs, a black box, Chubb cuffs, leg irons, belly chai ns, a security (tether) chain, or a convex shield, or sh ackles of any kind. (2) "Labor" means the period of time before a birth and sh all include any medical condition in which an individual is sent or brought to the hospital for the purpose of deliverin g a baby. These situations include: induct ion of labor, prodromal labor, pre-term labor, prelabor r upture of membranes, the 3 stages of active labor, uterine hemorrhage during the third trimester of pregnanc y, and caesarian delivery including pre-operative preparation. (3) "Postpartum" means the 6-we ek period following birth unless determined to be a long er period by a physician, advanced practice registered nurse, physician assistant, or other qualified medical pro fessional. (4) "Correctio nal institution" means any entity under the authority of a county law enforcement division that has the power to detain or restrain, or both, a person under the laws of the State. (5) "Correc tions official" means the official that is respons ible for oversight of a correctional institution, or his o r her designee. (6 ) "Committed person" means any person incarcerated or d etained in any facility who is accused of, convicted of, sentenced for, or adjudicate d delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial re lease, or diversionary program, and any person detained under the immigration laws of the United States at any correctional facility. (7) "Extraordinary circumstance" means an extraordinary medical or security circum stance, including a substantial flight risk, that dictates restraints be used to ensure the safety and s ecurity of the committed person, the staff of the cor rectional institution or medical facility, other committed persons, or the public. (8) "Participant" ' means an indivi dual placed into an electronic monitoring program, as defined by Section 5-8A-2 of the Unified Code of Correctio ns. (b) A county depar tment of corrections shall not apply security restraints to a committed person that has been determined by a qualified m edical professional to be pregnant or otherwise is know n by the county department of corrections to be pregnant or in postpartum recovery unless the corrections official makes a n individualized determination that the committed person pre sents a substantial flight risk or some other extraordinary ci rcumstance that dictates security restraints be used to e nsure the safety and security of the committed person, commi tted person's child or unborn child, the staff of the county department of corrections or medical facility, other comm itted persons, or the public. The protections set out in claus es (b)(3) and (b)(4) of this Section shall apply to securit y restraints used pursuant to this subsection. The corrections offici al shall immediately remove all restraints upon the writ ten or oral request of medical personnel. The correction s official shall immediately remove all approved electronic monitoring devices, as that term is defined in Section 5-8A-2 of the Unified Code of Corrections, of a pregnant participant during labor and delivery or earlier upon the written or oral request of medical personnel. Oral requests made by medical perso nnel shall be verified in writing as promptly as reason ably possible. (1) Qu alified authorized health staff shall have the authority to order therapeutic restraints for a pregnant or postpartum committed per son who is a danger to the committed person, the committed person's child, unborn child, or other persons due to a ps ychiatric or medical disorder. Therapeutic restraints may only be initiated, monitored, and dis continued by qualified and authorized health staff and us ed to safely limit a committed person's mobility for psy chiatric or medical reasons. No order for therapeut ic restraints shall be written unless medical or mental he alth personnel, after personally observing and examining the com mitted person, are clinically satisfied that the use o f therapeutic restraints is justified and permitted in accordanc e with hospital policies and applicable State law. Metal handcuffs or shac kles are not considered therapeutic restraints. (2) Whenever therapeutic restraints are used by me dical personnel, Section 2-108 of the Mental Health and Developmental Disabilities Code shall apply. (3) Leg irons, shackl es, or waist shac kles shall not be used on any pregnant or postpartum comm itted person regardless of security classification. Exc ept for therapeutic restraints under clause (b)(2), no re straints of any kind may be applied to committed persons during labor. (4) When a pregnant or postpartum committed person must be restraine d, restraints used shall be the least restrictive restr aints possible to ensure the safety and security of the committed person, the committed person's child, unborn child, the staff of the co unty department of corrections or medical facility, other committed persons, or the public, and in no case shall incl ude leg irons, shackles, or waist shac kles. (5) Upon the pregnant committed person's entry into a hos pital room, and completion of initial room inspection, a corr ections official shall be posted immediately outside th e hospital room, unless requested to be in the room by me dical personnel attending to the committed person's medical needs. (6) The county department of corrections shall provide adequa te corrections personnel to monitor the pregnant committed person during the committed person's tran sport to and from the hospital and during the committe d person's stay at the hospital. (7) Where the county d epartment of corrections requires committed pers on safety assessments, a corrections official may enter t he hospital room to conduct periodic committed person safety assessments, except during a medical examination or the deliver y process. (8) (Blank). (c) Enforcement. No later than 30 days before the end of each fiscal year, the county sheriff or corrections official of the correctional institutio n where a pregnant or postpartum committed person has been res trained pursuant to this Section during that previous fiscal year, shall submit a written report to the Jail and Detention Standards Un it of the Department of Corrections, in a form and manner prescribed by the Department, that includes an account of ever y instance of restraint pursuant to this Section. The written r eport shall state the date, time, location, and rationale for each instance in which rest raints are used. The written report shall not contain any ind ividually identifying information of any committed pers on. Such reports shall be made available for public inspection . (d) Data reporting. No later tha n 30 days before the end of each fiscal year, each county sheriff shall submit a written report to the Jail and Dete ntion Standards Unit of the Department of Corrections, in a fo rm and manner prescribed by the Department, that inclu des the number of pregnant committed persons in custody each year and the number of people who deliver or miscarry while in custody. The written reports shall not contain any individually identifying information of a committed person. The written reports shall be made ava ilable for public inspection. (Source: P.A. 103-745, eff. 1-1-25; revised 11-22-24.) (55 ILCS 5/4-11001.5) (Sect ion scheduled to be repealed on January 1, 2026) Sec. 4-11001.5. Lake County Children's Advocacy Center Pilot Program. (a) The Lake County Children's Advocacy Center Pilot Program is established. Under the Pilot Program, a ny grand juror or petit juror in Lake County may elect t o have his or her juror fees earned under Section 4-11 001 of this Code to be donated to the Lake County Children' s Advocacy Center, a division of the Lake County State's Attorn ey's office. (b) On or before January 1, 20 17, the Lake County board shall adopt, by ordinance or resolution, rules an d policies governing and effectuating the ability of jurors to donate their juror fees to the Lake County Childre n's Advocacy Center beginning January 1, 2017 and ending Decemb er 31, 2018. At a minimum, the rules and policies must p rovide: (1) for a form that a juror may fill out to elect to donate his or her juror fees. The form must contain a statement, in at least 14-point bold type, that donation of juror fees is optional; (2) that all monies donated by jurors shall be transferred by the county to the Lake County Children's Advocacy Center at th e same time a juror is paid under Section 4-11001 of this Code who did not elect to donate his or her juror fees; and (3) that all juror fees donated under this Section shall b e used exclusively for the operation of Lake County Child ren's Advocacy Center. The Lake County board shall adopt an ordinance or resolution reestablishing t he rules and policies previously adopted under this subsect ion allowing a juror to donate his or her juror fees to the Lake County Children's Advocacy Center through December 31, 2021. (c) The following information shall be reported to the General Assembly and the Governor by the Lake County boar d after each calendar year of the Pilot Program on or before March 31, 2018, March 31, 2019, July 1, 2020, and J uly 1, 2021: (1) the number of grand and petit jurors who earned fees under Section 4-11001 of this Cod e during the previous calendar year; (2) the number of grand and petit jurors who donat ed fees under this Section during the previous calenda r year; (3) the amount of donated fees under this Section during the previous calendar ye ar; (4) how the mo nies donated in the previous calendar year were used by the Lake County Children's Advo cacy Center; and (5) how muc h cost there was incurred by Lake County and the Lake County State's Atto rney's office in the previous calendar year in implementing the Pilot Program.

(d) This Section is repealed on January 1, 2026.(Source: P.A. 102-671, eff. 11-30-21; 103-563, eff. 11-17-23; revised 7-29-24.) (55 ILCS 5/5-1009) (from Ch. 34, par. 5-

1009) Sec. 5-1009.

Limitation on home rule powers. Except as provided in Sections 5-1006, 5-1006.5, 5-1006.8, 5-1006.9, 5-1007, and 5-1008, on and after September 1, 1990, no home rule c ounty has the authority to impose, pursuant to its home ru le authority, a retailers' occupation tax, service occupation tax, use tax, sales tax, or other tax on the use, sale, or purchase of tangible person al property based on the gross receipts from such sales or the selling or purc hase price of said tangible personal property. Notwiths tanding the foregoing, this Section does not preempt any home rule imposed tax such as the following: (1) a tax on alcoholic beverages, whether based on gross receipts, volume sold, or any other measurement; (2) a tax based on t he number of units of cigarettes or tobacco products; (3 ) a tax, however measured, based on the use of a hotel or mot el room or similar facility; (4) a tax, however measured, on the sale or transfer of real property; (5) a tax, however mea sured, on lease receipts; (6) a tax on food prepared for immediate consumption and on alcoholic beverages sold by a business which provides for on premise consumption of said food or alcoholic beverage s; or (7) other taxes not based on the selling or purchase price or gross receipts from the use, sale, or purchase of tangible personal property. This Section does not preempt a home rule county from imposing a tax, however measured, on the use, fo r consideration, of a parking lot, garage, or other parking fa cility. On and after December 1, 2019, no hom e rule county has the authority to impose, pursuant to its home rul e authority, a tax, however measured, on sales of aviation fuel, as defined in Section 3 of the Retailers' Occupation Tax Act, un less the tax revenue is expended for airport-related purposes. For purposes of this Section, "airport-rel ated purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Aviation fuel shall be excl uded from tax only for so long as the revenue use requirements of 49 U.S.C. 47017(b) and 49 U.S.C. 47133 are binding on the coun ty. This Section is a limitation, pursuant t o subsection (g) of Section 6 of Article VII of the Illinois C onstitution, on the power of home rule units to tax. The changes made to this Section by Public Act 101-10 are a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution. (Source: P.A. 102-558, eff. 8-20-21; 103-781, eff. 8-5-24; revised 10-21-24.) (55 ILCS 5/5-1069) (Text of Secti on before amendment by P.A. 103-808) Sec. 5-1069. Group life, health, accident, hospital, and medical insurance. (a) The county board of any county ma y arrange to provide, for the benefit of employees of the cou nty, group life, health, accident, hospital, and medical insura nce, or any one or any combination of those types of ins urance, or the county board may self-insure, for the benefit of its employees, all or a portion of the employees' group l ife, health, accident, hospital, and medical insurance, or any one or any combination of those types of insurance, includ ing a combination of self-insurance and other types of insurance authorized by this Section, provided that the county board complies with all other requirements of this Section. The insurance may include provision for employ ees who rely on treatment by prayer or spiritual means alone f or healing in accordance with the tenets and practice of a well recognized religious denomination. The county board may provid e for payment by the county of a portion or all of the premiu m or charge for the insurance with the employee paying the ba lance of the premium or charge, if any. If the county board undertakes a plan under which the county pays only a portion of the premium or charge, the county board shall provide for withholding and deducting from the compensation of those employees who co nsent to join the plan the balance of the premium or ch arge for the insurance. (b) If the county boa rd does not provide for self-insurance or for a pl an under which the county pays a portion or all of the premium or cha rge for a group insurance plan, the county board may pro vide for withholding and deducting from the compensation of those em ployees who consent thereto the total premium or charge for any group life, health, accident, hospital, and medical insurance. (c) The county board may exerci se the powers granted in this Section only if it provide s for self-insurance or, where it makes arrangements to p rovide group insurance thro ugh an insurance carrier, if the kinds of group insu rance are obtained from an insurance company authorized to do business in the State of Illinois. The county board may e nact an ordinance prescribing the method of operation of the insu rance program. (d) If a county, including a h ome rule county, is a self-insurer for purposes of pro viding health insurance coverage for its employees, the insurance coverage shall includ e screening by low-dose mammography for all women 35 years of age or older for the pres ence of occult breast cancer unless the county elects to pr ovide mammograms itself under Sectio n 5-1069.1. The coverage shall be as follows:

(1) A baseline mammogram fo r women 35 to 39 years of age.

(2) An annual mammogram for women 40 years of age or older. (3) A mammogram at the age and inter vals considered medically necessary by the woman's h ealth care provider for women under 40 years of age and h aving a family history of breast cancer, prior personal history of breast cancer, posi tive genetic testing, or other risk factors. (4 ) For a group policy of accident and health insurance that is amen ded, delivered, issued, or renewed on or after January 1, 2020 (the effective date of Public Act 101-580) this amendatory Act of the 101st General Assembl y, a comprehensive ultrasound screening of an entire breast or breas ts if a mammogram demonstrates heterogeneous or dens e breast tissue or when medically necessary as determined by a physician licensed to practice medicine in all of its branches, advanced practic e registered nurse, or physician assistant. (5 ) For a group policy of accident and health insurance that is amended, d elivered, issued, or renewed on or after January 1 , 2020 (the effective date of Public A ct 101-580) thi s amendatory Act of the 101st General Assembly, a diagnostic mammogram when medically necessary, as determined by a physician licensed to practice medicine in all it s branches, advanced practice registered nurse, or physician assistant. A policy subject to this subsection sha ll not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage pro vided; except that this sentence does not apply to coverage of diagnostic mammogram s to the extent such coverage would disqualify a high-deductible health plan from eligibilit y for a health savings account pursuant to Section 223 of the Internal Revenue Code (26 U.S.C. 223).

For purposes of this subsection: "Diagnostic mammogram" means a mammogram obtained using diagnostic mammogr aphy. "D iagnostic mammography" means a method of screening that is designed to evaluate an abnormality in a breast, including an abnormality seen or suspected on a screening mammogram or a subjective or ob jective abnormality otherwise detected in the breast. "Low-dose mammography" means the x-ray examination of the breast using equipment dedicated specifically for m ammography, including the x-ray tube, filter, compressi on device, and image receptor, with an average radiation exposu re delivery of less than one rad per breast for 2 views o f an average size breast. The term also includes digital mamm ography. (d-5) Coverage as described by subsection (d) shall be provided at no cost to the insur ed and shall not be applied to an annual or lifetime maximum benef it. (d-10) When health care services are available through contracted providers and a person does not comply with plan provisions specific to the use of contra cted providers, the requirements of subsection (d-5) are not applicable. When a person does not comply with plan provi sions specific to the use of contracted providers, pl an provisions specific to the use of non-contracted pro viders must be applied without distinction for coverage requir ed by this Section and shall be at least as favorable as for other radiological examinations covered by the policy or contract. (d-15) If a county, inc luding a home rule county, is a self-insurer for purpos es of providing health insurance coverage for its employees, t he insurance coverage shall include mastectomy coverag e, which includes coverage for prosthetic devices or reconst ructive surgery incident to the mastectomy. Coverage for bre ast reconstruction in connection with a mastectomy shall include: (1) reconstruc tion of the breast upon which the mastectomy has been performed; (2) surgery and reconstruction of the other breas t to produce a symmetrical appearance; and (3) prostheses and treatment for physical co mplications at all stages of mastectomy, including ly mphedemas.Care shall be determined in consultation with the attending physician and the patient. The offered coverage for prosthetic devices and reconstruct ive surgery shall be subject to the deductible and coinsurance conditions applied to the mastectomy, and all other terms and conditions applicable to other benefits. When a m astectomy is performed and there is no evidence of malignancy then the offered coverage may be limited to the provision of prosthetic devi ces and reconstructive surgery to within 2 years a fter the date of the mastectomy. As used in this Section, "mas tectomy" means the removal of all or part of the breast fo r medically necessary reasons, as determined by a licensed p hysician. A county, including a ho me rule county, that is a self-insurer for purposes of p roviding health insurance coverage for its employee s, may not penalize or reduce or limit the reimbursement of an attending provider or provide incentives (monetary or otherwise) to an attending provider to induce the provider to provide care to an insured in a manner inconsistent with this Sectio n. (d-20) The requirement that m ammograms be included in health insurance coverage as provi ded in subsections (d) through (d-15) is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsecti on (h) of the Illinois Constitution of home rule county powers . A home rule county to which subsections (d) through (d-15) apply must comply with every provision of those s ubsections. (d-25) If a county, incl uding a home rule county, is a self-insurer for purpo ses of providing health insurance coverage, the insuranc e coverage shall include joint mental health therapy services for any member of the sheriff's office, including the sheriff, and any spouse or partner of the member who resides with th e member. The joint mental health ther apy services provided under this subsection shall be perfo rmed by a physician licensed to practice me dicine in all of its branches, a licensed clinical psych ologist, a licensed clinical social worker, a licensed clinic al professional counselor, a licensed marriage and family thera pist, a licensed social worker, or a licens ed professional counselor. This subsect ion is a limitation under subsection (i) of Section 6 of Artic le VII of the Illinois Consti tution on the concurrent exercise by home rule units of pow ers and functions exercised by the State. (e ) The term "employees" as used in this Section includes elected or appointed officials but does not include temporary emplo yees. (f) The county board may, by ordinance, arrange to provide group life, health, accident, hospital, and medical insurance, or any one or a combination of those types of insurance, under this Section to retired former emp loyees and retired former elected or appointed officials of the county. (g) Rulemaking authority to i mplement this amendatory Act of the 95th General Assemb ly, if any, is conditioned on the rules being adopted in accordance with all provisio ns of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative R ules; any purported rule not so adopted, for whatever reason, is unauthorized. (h) If a county, inc luding a home rule county, is a self-insurer for purpo ses of providing health insurance coverage for its employees, the ins urance coverage shall include, on and after June 1, 2025, m ental health counseling for any county employee who is a f irst responder without imposing a deductible, coinsurance, co payment, or any other cost-sharing requirement on the coverage provided, except that this subsection doe s not apply to the extent such coverage would disqualify a high -deductible health plan from eligibility for a health s avings account pursuant to Section 223 of the Internal Revenue Code. The requirement that mental health counseling be included in health insurance coverage as provid ed in this subsection is an exclusive power and function o f the State and is a denial and limitation under Article V II, Section 6, subsection (h) of the Illinois Constitutio n of home rule county powers. As used in this subsection: "First responders" means police a nd corrections officers, deputy sheriffs, firefighters, emerge ncy medical services personnel, as that term is defined in Se ction 3.5 of the Emergency Medical Services (EMS) Systems Act, d ispatched pursuant to a 9-1-1 call, emergency medical dispatchers, as that term is defined in Section 3 .70 of the Emergency Medical Services (EMS) Systems Act, pub lic safety telecommunicators, as that term is defined in Section 2 of the Em ergency Telephone System Act, and mental health prof essionals employed and dispatched by any unit of local gover nment in response to emergency crisis calls received on public emergency service lines instead of or in conjunction with law enforcement. "Mental health counseling" means counseling therapy ses sions provided by a clinical social worker, professional counselor, or licensed psychologist. (Source: P.A. 103-8 18, eff. 1-1-25; 103-1011, eff. 1-1-25; revised 11-26-24.) (Text of Se ction after amendment by P.A. 103-808) Sec. 5-1069. Group life, health, accident, hospital, and medical insurance. (a) The county board of any county ma y arrange to provide, for the benefit of employees of the cou nty, group life, health, accident, hospital, and medical insura nce, or any one or any combination of those types of ins urance, or the county board may self-insure, for the benefit of its employees, all or a portion of the employees' group l ife, health, accident, hospital, and medical insurance, or any one or any combination of those types of insurance, includ ing a combination of self-insurance and other types of insurance authorized by this Section, provided that the county board complies with all other requirements of this Section. The insurance may include provision for employ ees who rely on treatment by prayer or spiritual means alone f or healing in accordance with the tenets and practice of a well recognized religious denomination. The county board may provid e for payment by the county of a portion or all of the premiu m or charge for the insurance with the employee paying the ba lance of the premium or charge, if any. If the county board undertakes a plan under which the county pays only a portion of the premium or charge, the county board shall provide for withholding and deducting from the compensation of those employees who co nsent to join the plan the balance of the premium or ch arge for the insurance. (b) If the county boa rd does not provide for self-insurance or for a pl an under which the county pays a portion or all of the premium or cha rge for a group insurance plan, the county board may pro vide for withholding and deducting from the compensation of those em ployees who consent thereto the total premium or charge for any group life, health, accident, hospital, and medical insurance. (c) The county board may exerci se the powers granted in this Section only if it provide s for self-insurance or, where it makes arrangements to p rovide group insurance thro ugh an insurance carrier, if the kinds of group insu rance are obtained from an insurance company authorized to do business in the State of Illinois. The county board may e nact an ordinance prescribing the method of operation of the insuran ce program. (d) If a county, including a home rule county, is a self-insurer for purposes of provid ing health insurance coverage for its employees, the insurance coverage shall include s creening by low-dose mammography for all patients 35 years of age or older for the presenc e of occult breast cancer unless the county elects to provi de mammograms itself under Section 5-1069.1. The coverage shall be as follows: (1) A baseline mammogram for patien ts 35 to 39 years of age.

(2) An annual mammogram for patients 40 years of age or older. (3) A mammogram at the age and intervals considered medically necessary by the patient's heal th care provider for patients under 40 years of age and h aving a family history of breast cancer, prior personal hi story of breast cancer, positive genetic testing, or other risk factors. (4) For a group policy of accident and health insurance that is amended, delivered, issued, or renewed on or after January 1, 2020 (the effective date of Public Act 101-580), a comprehensive ultrasound screening of an entire breast or breas ts if a mammogram demonstrates heterogeneous or dense breast tissue or when medically necessary as determined b y a physician licensed to practice medicine in all of its branches, advanced practice registered nurse, or physician assistant. (4.5 ) For a group policy of accident and health insurance that is amend ed, delivered, issued, or renewed on or after January 1, 2026 (the effective date of Public Act 103-808) this amendatory Act of the 103rd General Assembly, molecular breast imaging (MBI) and magnetic reson ance imaging of an entire breast or breas ts if a mammogram demonstrates heterogeneous or dens e breast tissue or when medically necessary as determined by a physician licensed to practice medicine in all of it s branches, advanced practice registered nurse, or physici an assistant. (5 ) For a group policy of accident and health insurance tha t is amended, delivered, issued, or renewed on or after Janua ry 1, 2020 (the effective date of Public Act 101- 580), a diagnostic mammogram when medically necessary, as determined by a physician licensed to practice medicine in all it s branches, advanced practice registered nurse, or physician assistant. A policy subject to this subsection sha ll not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage pro vided; except that this sentence does not apply to coverage of diagnostic mammogram s to the extent such coverage would disqualify a high-deductible health plan from eligibilit y for a health savings account pursuant to Section 223 of the Internal Revenue Code (26 U.S.C. 223).

For purposes of this subsection: "Diagnostic mammogram" means a mammogram obtained using diagnostic mammogr aphy. "D iagnostic mammography" means a method of screening that is designed to evaluate an abnormality in a breast, including an abnormality seen or suspected on a screening mammogram or a subjective or ob jective abnormality otherwise detected in the breast. "Low-dose mammography" means the x-ray examination of the breast using equipment dedicated specifically for m ammography, including the x-ray tube, filter, compressi on device, and image receptor, with an average radiation exposu re delivery of less than one rad per breast for 2 views o f an average size breast. The term also includes digital mamm ography. (d-5) Coverage as described by subsection (d) shall be provided at no cost to the insur ed and shall not be applied to an annual or lifetime maximum benef it. (d-10) When health care services are available through contracted providers and a person does not comply with plan provisions specific to the use of contra cted providers, the requirements of subsection (d-5) are not applicable. When a person does not comply with plan provi sions specific to the use of contracted providers, pl an provisions specific to the use of non-contracted pro viders must be applied without distinction for coverage requir ed by this Section and shall be at least as favorable as for other radiological examinations covered by the policy or contract. (d-15) If a county, inc luding a home rule county, is a self-insurer for purpos es of providing health insurance coverage for its employees, t he insurance coverage shall include mastectomy coverag e, which includes coverage for prosthetic devices or reconst ructive surgery incident to the mastectomy. Coverage for bre ast reconstruction in connection with a mastectomy shall include: (1) reconstruc tion of the breast upon which the mastectomy has been performed; (2) surgery and reconstruction of the other breas t to produce a symmetrical appearance; and (3) prostheses and treatment for physical co mplications at all stages of mastectomy, including ly mphedemas.Care shall be determined in consultation with the attending physician and the patient. The offered coverage for prosthetic devices and reconstruct ive surgery shall be subject to the deductible and coinsurance conditions applied to the mastectomy, and all other terms and conditions applicable to other benefits. When a m astectomy is performed and there is no evidence of malignancy then the offered coverage may be limited to the provision of prosthetic devi ces and reconstructive surgery to within 2 years a fter the date of the mastectomy. As used in this Section, "mas tectomy" means the removal of all or part of the breast fo r medically necessary reasons, as determined by a licensed p hysician. A county, including a ho me rule county, that is a self-insurer for purposes of p roviding health insurance coverage for its employee s, may not penalize or reduce or limit the reimbursement of an attending provider or provide incentives (monetary or otherwise) to an attending provider to induce the provider to provide care to an insured in a manner inconsistent with this Sectio n. (d-20) The requirement that m ammograms be included in health insurance coverage as provi ded in subsections (d) through (d-15) is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsecti on (h) of the Illinois Constitution of home rule county powers . A home rule county to which subsections (d) through (d-15) apply must comply with every provision of those s ubsections. (d-25) If a county, incl uding a home rule county, is a self-insurer for purpo ses of providing health insurance coverage, the insuranc e coverage shall include joint mental health therapy services for any member of the sheriff's office, including the sheriff, and any spouse or partner of the member who resides with th e member. The joint mental health ther apy services provided under this subsection shall be perfo rmed by a physician licensed to practice me dicine in all of its branches, a licensed clinical psych ologist, a licensed clinical social worker, a licensed clinic al professional counselor, a licensed marriage and family thera pist, a licensed social worker, or a licens ed professional counselor. This subsect ion is a limitation under subsection (i) of Section 6 of Artic le VII of the Illinois Consti tution on the concurrent exercise by home rule units of pow ers and functions exercised by the State. (e ) The term "employees" as used in this Section includes elected or appointed officials but does not include temporary emplo yees. (f) The county board may, by ordinance, arrange to provide group life, health, accident, hospital, and medical insurance, or any one or a combination of those types of insurance, under this Section to retired former emp loyees and retired former elected or appointed officials of the county. (g) Rulemaking authority to i mplement this amendatory Act of the 95th General Assemb ly, if any, is conditioned on the rules being adopted in accordance with all provisio ns of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative R ules; any purported rule not so adopted, for whatever reason, is unauthorized. (h) If a county, inc luding a home rule county, is a self-insurer for purpo ses of providing health insurance coverage for its employees, the ins urance coverage shall include, on and after June 1, 2025, m ental health counseling for any county employee who is a f irst responder without imposing a deductible, coinsurance, co payment, or any other cost-sharing requirement on the coverage provided, except that this subsection doe s not apply to the extent such coverage would disqualify a high -deductible health plan from eligibility for a health s avings account pursuant to Section 223 of the Internal Revenue Code. The requirement that mental health counseling be included in health insurance coverage as provid ed in this subsection is an exclusive power and function o f the State and is a denial and limitation under Article V II, Section 6, subsection (h) of the Illinois Constitutio n of home rule county powers. As used in this subsection: "First responders" means police a nd corrections officers, deputy sheriffs, firefighters, emerge ncy medical services personnel, as that term is defined in Se ction 3.5 of the Emergency Medical Services (EMS) Systems Act, d ispatched pursuant to a 9-1-1 call, emergency medical dispatchers, as that term is defined in Section 3 .70 of the Emergency Medical Services (EMS) Systems Act, pub lic safety telecommunicators, as that term is defined in Section 2 of the Em ergency Telephone System Act, and mental health prof essionals employed and dispatched by any unit of local gover nment in response to emergency crisis calls received on public emergency service lines instead of or in conjunction with law enforcement. "Mental health counseling" means counseling therapy sessions provided by a clinical social worker, professional coun selor, or licensed psychologist. (Source: P.A. 103-808, eff. 1-1-26; 103-818, eff. 1-1-25; 103-1011, eff. 1-1-25; revised 11-26-24.) (55 ILCS 5/5-1069.3)

Sec. 5-1069.3. Required health benefits. If a county, including a home rule county, is a self-ins urer for purposes of providing health insurance coverage for it s employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a poli cy of accident and health insurance under Section 356t and the coverage required under Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356u.10, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z. 32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.5 9, 356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70, and 356z.71, 356z.74, and 356z.77 of the Illinois Insurance Code. The coverage shall comply with Secti ons 155.22a, 355b, 356z.19, and 370c of the Illinois Insuranc e Code. The Department of Insurance shall enforce the req uirements of this Section. The requirement that health benef its be covered as provided in this Section is an exclusive power and function of the State and is a denial an d limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution. A home rule county to which this S ection applies must comply with every provision of this Sec tion. Rulemaking authority to implement Pu blic Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Pro cedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purporte d rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306 , eff. 1-1-22; 102-443, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1- 1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-86 0, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1 -24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-914, eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; revised 11-2 6-24.) (55 ILCS 5/5-1189)

Sec. 5-1189. Shelby County rescue squad. The Shelby County Board may form, manage, fund, and operate a volunteer rescue squad to provide assistance wi thin Shelby County to any public entity providing law enf orcement, firefighting, emergency disaster response, or first responder services. The volunteer rescue squad may (i) locate missing persons, including drowning vict ims, (ii) perform a supporting, and not direct, role in fighting fires, and (iii) extricate persons from unsaf e conditions. The Shelby County Board may provide benefits for rescue squad voluntee rs who suffer disease, injury, or death in the line of duty.(Source: P.A. 103-895, eff. 1-1-25.) (55 ILCS 5/5-1190) Sec. 5-1190 5-1189.

Access to and use of county in frastructure for broadband. A county ma y lease, license, or otherwise grant access to and use of infr astructure, including fiber optic cables, that the county o wns or controls to public or private entities to facilitate the delivery of broadband services on the condition that the leas e, license, access, or use: (1) be granted on a nondisc riminatory, nonexclusive, and competitively neutral basis ; and (2) comply with all other State and federal laws, rules, a nd regulations, including, but not limited to, all applicab le safety codes and requirements. However, nothing in th is Section shall be construed to authorize a county to lease, license, or otherwise grant access to or use of infrastructure that the county does not o wn or control to public or private entities to facilitate the delivery of broadband servi ces. This Section applies to leases, licenses, or other agreements entered into, amended, or renewed on or after January 1, 2025 (the effective date of Public Act 103-947) this amendatory Act of the 103rd General Assembly.(Source: P.A. 103-947, eff. 1-1-25; revised 12-3-24.) (55

ILCS 5/5-1191) Sec. 5-1191 5-1189. Tran sportation to problem-solving courts. (a) As use d in this Section, "problem-solving court" means a court program regulated under the Drug Court Trea tment Act, the Juvenile Drug Court Treatment Act, the Mental Health Court Treatment Act, or the Veterans and Servicemem bers Court Treatment Act. (b) Notwith standing any other provision of law, a county may use funds designated by law or ordinance for transportation purposes to fund rides for persons to attend problem-solving courts. The county may enter into an intergovernmental agreement with another unit of local government for the purposes of this Section. (Source: P.A. 103-988, eff. 1- 1-25; revised 12-3-24.) (55 ILCS 5/5-120

20) Sec. 5-12020. Commer cial wind energy facilities and commercial solar energy facilit ies. (a) As used in this Sectio n: "Commercial solar energy facility" mean s a "commercial solar energy system" as defined in Sectio n 10-720 of the Property Tax Code. "Commercial solar energy facility " does not mean a utility-sca le solar energy facility being constructed at a site t hat was eligible to participate in a procurement event conduct ed by the Illinois Power Agency pursuant to subsection (c-5) of Section 1-75 of the Illinois Power Agency Act.

"Commercial wind energy facili ty" means a wind energy conversion facility of equal or grea ter than 500 kilowatts in total nameplate generating capa city. "Commercial wind energy facility" includes a wind energy conversion facility seeking an extension of a pe rmit to construct granted by a county or municipality bef ore January 27, 2023 (the effective date of Public Act 102 -1123). "Facility owner" m eans (i) a person with a direct ownership interest in a comm ercial wind energy facility or a commercial solar energy facilit y, or both, regardless of whether the person is involved in acq uiring the necessary rights, permits, and approvals or otherwis e planning for the construction and operation of the facilit y, and (ii) at the time the facility is being developed, a pers on who is acting as a developer of the facility by acqui ring the necessary rights, permits, and approvals or by pla nning for the construction and operation of the facilit y, regardless of whether the person will own or operate the fa cility. "Nonparticipating pr operty" means real property that is not a participating proper ty. "Nonparticipating residence" means a residen ce that is located on nonparticipating property and that is existing and occupied on the date that an application for a p ermit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county. "Occupied community building" means any one or more of the following buildings that is existing and occupied on the date that the application for a permit to develop the commercial wind energy facility or the commercial solar ene rgy facility is filed with the county: a school, place of worship, day care facility, public library, or community cent er. "Participating property" m eans real property that is the subject of a written agre ement between a facility owner and the owner of the real prope rty that provides the facility owner an easement, option, lease, or license to use the real property for the purpose of constructing a commercial wind energy facility, a commercial solar energy facility, or supporting facilities. "Participating property" als o includes real property that is owned by a facility owner for the purpose of constructing a commercial wind energy facility, a commercial solar energy facility, or supporting fa cilities. "Participating residence" m eans a residence that is located on participating property and that is existi ng and occupied on the date that an application for a permit to develop the commercial wind energy facility or the commercial solar energy facil ity is filed with the county. "Protecte d lands" means real property that is: (1) subject to a permanent conservation r ight consistent with the Real Property Conservation Ri ghts Act; or (2) regis tered or designated as a nature preserve, buffer, or land and water reserve under the Illinois Natural Areas Preservation A ct. "Supporting facilities" means th e transmission lines, substations, access roads, meteorolog ical towers, storage contai ners, and equipment associated with the generation and sto rage of electricity by the commercial wind energy facility or commercial solar energy facility. "Wind tower" includes the wind turbine tower, nacelle, and blades. (b) Notwithstanding any other provision of law or whether the county has formed a zoning commission and adopted formal zoning under Section 5-12007 , a county may establish standards for commercial wind energy facilities, commercial solar energy facilities, or both. The s tandards may include all of the requirements specified in t his Section but may not include requirements for commercial wi nd energy facilities or commercial solar energy facilities that are more restrictive than specified in this Section. A county may also regulate the siting of commercial wind energy fa cilities with standards that are not more restricti ve than the requirements specified in this Section in uni ncorporated areas of the county that are outside the zoning ju risdiction of a municipality and that are outside the 1.5-mile radius surrounding the zoning jurisdiction of a m unicipality. (c) If a county has elected to establish standards under subsection (b), before the county gran ts siting approval or a special use permit for a commerci al wind energy facility or a commercial solar energy facility , or modification of an approved siting or special use permit, the county board of the county in which the facility is to be sited or the zoning board of appeals for the county shall hold at least one public hearing. The public hearing shall be cond ucted in accordance with the Open Meetings Act and shall be hel d not more than 60 days after the filing of the application fo r the facility. The county shall allow interested pa rties to a special use permit an opportunity to present evidence a nd to cross-examine witnesses at the hearing, but the county may impose reasonable restrictions on the public hearing, including reasonable time limitations on the presentation of evidence and the cross-examination of w itnesses. The county shall also allow public comment at th e public hearing in accordance with the Open Meetings Act . The county shall make its siting and permitting decisions not more than 30 days after the conclusion of the public hearing. Notice of the hearing shall be published in a newspaper of g eneral circulation in the county. A facility owner must enter i nto an agricultural impact mitigation agreement with the Department of Agriculture prior to the date of the required public heari ng. A commercial wind energy facility owner seeking an exte nsion of a permit granted by a county prior to July 24, 2 015 (the effective date of Public Act 99-132) must e nter into an agricultural impact mitigation agreement with the Department of Agricul ture prior to a decision by the county to grant the permit ex tension. Counties may allow test wind towers or test solar ener gy systems to be sited without formal approval by the county board.

(d) A county with an existing zoning ordinan ce in conflict with this Section shall amend that zoning ord inance to be in compliance with this Section within 120 days after January 27, 2023 (the effective date of Public Act 102-1123). (e) A county may require: (1) a wind tower o f a commercial wind energy facility to be sited as follows, with setback distances meas ured from the center of the base of the wind tower: Setback Description Setback Distance Occupied Community 2.1 tim es the maximum blade tipBuildings height of th e wind tower to the

nearest point on the outside

wall of the structure Participa ting Residences 1.1 times the maximum blade tip

height of the wind tower to the

nearest point on the outside

wall of the structure Nonparticipating Reside nces 2.1 times the maximum blade tip

heigh t of the wind tower to the

nearest point on the outside

wall of the structure

Boundary Li nes of NoneParticipating Property Bo undary Lines of 1.1 times the maximum blade tipNonparticipating Property height of the wind tower to the

nearest point on the property

line of the nonparticipating

property Public Road Rights-of-Way 1.1 times the maximum blade tip

height of the wind tower

to the center point of the pu blic road right-of-way Overhead Communicati on and 1.1 times the maximum blade tipElectric Transmission height of the wind tower to theand Distribut ion Facilities nearest edge of the propert y(Not Including O verhead line, easement, or Utility Service Lines to right-of-way Individual Houses or containing the overhead lineOutbuildings) Overhead Utility Service No neLines to IndividualHouses or Outbuildings Fish and Wildlife Areas 2.1 times the maximum bladeand Illinois Nature tip height of the wind towerPreserve Commission to the nearest point on theProtected Lands property line of the fish and wildlife area or protected land This Section does not exempt or excuse compliance with electric facility clearances approved or required b y the National Electrical Code, the The National Electrical Safety Code, the Illinois Commerce Commissi on, and the Federal Energy Regulatory Commission, and their designees or successors; . (2) a wind tower of a commercial wind energy faci lity to be sited so that industry standard computer modeling ind icates that any occupied community building or nonparticipating residence will not exper ience more than 30 hours per year of shadow flicker under planned operating conditions; (3) a commercial solar energy facility to be sited as follows, with setback distances measured from the nearest edge of any component of the fac ility: Setback Description Setback Distance Occupied Community 15 0 feet from the nearestB uildings and Dwellings on point on the outside wall Nonparticipating Properties of the structure Boundary Lines of NoneParticipa ting Property Public Road Rights-of-Way 50 feet from the nearest

edge B oundary Lines of 50 feet to the nearestNonparticipating Propert y point on the property line of the nonpart icipating

property (4) a commercial solar energy facil ity to be sited so that the facility's perimeter is enclosed by fencing having a height of at least 6 feet and no more than 25 feet; and (5) a commercial solar energy facility to be sited so that no component o f a solar panel has a height of more than 20 feet above ground when the solar energy fa cility's arrays are at full tilt. The requirements set forth in this subsection (e) may be waived subject to the written consent of th e owner of each affected nonparticipating property. (f) A county may not set a sound limitation for wind towers in commercial wind energy facilitie s or any components in commercial solar energy facilities that is more restr ictive than the sound limitations established by the Illinois Pollution Control Boa rd under 35 Ill. Adm. Code Parts 900, 901, and 910. (g) A county may not place any restriction on the installation or use of a commercial wind energy fac ility or a commercial solar energy facility unless it adopts an ordinance that complies with this Section. A county may not establish siting standar ds for supporting facilities that preclude developmen t of commercial wind energy facilities or commercial so lar energy facilities. A request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility, or modification of an approved siting or s pecial use permit, shall be approved if the request is in compliance with the standards and condition s imposed in this Act, the zoning ordinance adopted consist ent with this Code, and the conditions imposed under S tate and federal statutes and regulations. (h) A county may not adopt zoning regulations that disal low, permanently or temporarily, commercial wind energy faci lities or commercial solar energy facilities from being developed or operated in any district zoned to allow agric ultural or industrial uses. (i) A county may not require permit application fees for a commercial wind energy facility or com mercial solar energy facility that are unreasonable. All applic ation fees imposed by the county shall be consistent with fe es for projects in the county with similar capital value and cost. (j) Except as otherwise provided i n this Section, a county shall not require s tandards for construction, decommissioning, or deconstructio n of a commercial wind energy facility or commercial solar en ergy facility or related financial assurances that are more res trictive than those included in the Department of Agriculture's standard wind farm agricultural impact mitigation agreement, template 81818, or standard solar agricultural impac t mitigation agreement, version 8.19.19, as applicable a nd in effect on December 31, 202 2. The amount of any decommissioning payment shall be in accordance with the financial assurance required by tho se agricultural impact mitigation agreements. (j-5) A commercial wind energy facility or a commercial solar energy facility shall file a far mland drainage plan with the county and impacted drainage d istricts outlining how surface and subsurface drainage of f armland will be restored during and following construction or deconstruction of the facility. The plan is to be created indep endently by the facility developer and shall include the locati on of any potentially impacted drainage district facilities to the extent this information is publicly available from the county or the drainage district, plans to repair any subsu rface drainage affected during construction or deconst ruction using procedures outlined in the agricultural impact mitigation agreement entered into by the commercia l wind energy facility owner or commercial solar energy facil ity owner, and procedures for the repair and restoration of surface drainage affected during construction or deconstru ction. All surface and subsurface damage shall be repaired a s soon as reasonably practicable. (k) A county may not condition approval of a commercial wind energy facility or commercial solar energy facility on a property va lue guarantee and may not require a facility owner to pay into a neighboring property devaluation escrow account. (l) A county may require certain vegetative scre ening surrounding a commercial wind energy facility or comm ercial solar energy facility but may not require earthen berms or similar structures. (m) A cou nty may set blade tip height limitations for wind towers in commercial wind energy facilities but may not set a blade t ip height limitation that is more restrictive than the he ight allowed under a Determination of No Hazard to Air Navigat ion by the Federal Aviation Administration under 14 CFR Pa rt 77. (n) A county may require that a comme rcial wind energy facility owner or commercial solar energy facility owner provide: (1) the results and recommendations from consultation wi th the Illinois Department of Natural Resources that are obtai ned through the Ecological Compl iance Assessment Tool (EcoCAT) or a comparable successor tool; and (2) the results of the United States Fish and Wildlife Service's Information f or Planning and Consulting environmental review or a comparable successor tool tha t is consistent with (i) the "U.S. Fish and Wildlife S ervice's Land-Based Wind Energy Guidelines" and (ii) a ny applicable United States Fish and Wildlife Service solar wildlife guidelines that have been sub ject to public review. (o) A county may require a commercial wind energy facility or commercial solar energy facility to adhere to the recommendations provided by t he Illinois Department of Natural Resources in an EcoCAT natural resource review report under 17 Ill. Adm. Code Part 107 5. (p) A county may require a facility owner to: (1) demonstrate avoidance of protect ed lands as identified by the Illinois Department of Natural Resources and the Illinois Nature Pre serve Commission; or (2) consider the recommendations of the Illinois Department of Natural Resources for setbacks from protected lands, including areas iden tified by the Illinois Nature Preserve Commission. (q) A county may require that a facility o wner provide evidence of consultation with the Illinois S tate Historic Preservation Office to assess potenti al impacts on State-registered historic sites under the Il linois State Agency Historic Resources Preservation Act.

(r) To maximize community benefits , including, but not limite d to, reduced stormwater runoff, flooding, and erosion at t he ground mounted solar energy system, improved soil health, and increased foraging habitat for game birds, songbird s, and pollinators, a county may (1) require a commercial solar energy facility owner to plant, establish, a nd maintain for the life of the facility vegetative ground cover, consisten t with the goals of the Pollinator-Friendly Sola r Site Act and (2) require the submittal of a vegetation ma nagement plan that is in compliance with the agricultural impact mitigation a greement in the application to construct and operate a commercial solar energy facility in the county if the vegetative ground cover and vegetation manageme nt plan comply with the requirements of the underlying agreement with the landowner or landowners where the fa cility will be constructed. No later th an 90 days after January 27, 2023 (the effective da te of Public Act 102-1123), the Illinois Department of Na tural Resources shall develop guidelines for vegetation managem ent plans that may be required under this subsection fo r commercial solar energy facilities. The guidelines must inc lude guidance for short-term and long-term pr operty management practices that provide and maintain n ative and non-invasive naturalized perennial vege tation to protect the health and well-being of pollina tors. (s) If a facility owner enters into a road use agreement with the Illinois Department of Transportati on, a road district, or other unit of local government relati ng to a commercial wind energy facility or a commercial sola r energy facility, the road use agreement shall require the facility owner to be responsible for (i) the reasonable cost of improving roads used by the facility owner to construct the commercial wind energy facility or the commercial solar energ y facility and (ii) the reasonable cost of repairing ro ads used by the facility owner d uring construction of the commercial wind energy f acility or the commercial solar energy facility so that tho se roads are in a condition that is safe for the driving publ ic after the completion of the facility's construction. Road ways improved in preparation for and during the constru ction of the commercial wind energy facility or commercial solar energy fa cility shall be repaired and restored to the improved condition at the reasonable cost of the developer if the roadways have degra ded or were damaged as a result of construction-related activ ities. The road use agreement shall not require the facility owner to pay costs, fees, or char ges for road work that is not specifically and uniquely at tributable to the construction of the commercial wind energy facility or the commercial solar energy facility. Road-related fees, permit fees, or other charges imposed by the Illinois Department of Transportation, a road district, or other unit of local government under a road use agreement w ith the facility owner shall be reasonably related to the cost of administration of the road use agreement. (s-5) The facility owner shall also compensate lan downers for crop losses or other agricultural damages result ing from damage to the drainage system caused by the c onstruction of the commercial wind energy facility or the comm ercial solar energy facility. The commercial wind energy fa cility owner or commercial solar energy facility owner shall repair or pay for the repair of all damage to the subsu rface drainage system caused by the construction of the commerc ial wind energy facility or the commercial solar energy facility in a ccordance with the agriculture impact mitigation agree ment requirements for repair of drainage. The commercial wind e nergy facility owner or commercial solar energy facility owner shall repair or pay for the repair and restoration of surfa ce drainage caused by the construction or deconstruction of the commercial wind energy facility or the commercial solar energy facility as soon as reasonably practicable.

(t) Notwithstanding any other provision of law, a facility owner with siting approval from a county to construct a commercial wind energy faci lity or a commercial solar energy facility is authorized to cros s or impact a drainage system, including, but not limited to, drainage tiles, open drainage ditches, culverts, and water gathering vaults, owned or under the control of a drainage d istrict under the Illinois Drainage Code without obtaining pri or agreement or approval from the drainage district in accordan ce with the farmland drainage plan required by subsection ( j-5). (u) The amendments to this Section adopted in Public Act 102-1123 do not apply to: (1) an application for siting approval or for a special use pe rmit for a commercial wind energy facility or commercial sol ar energy facility if the application was submitted to a unit of local government before January 27, 2023 (the effectiv e date of Public Act 102-1123); (2) a commercial wind ene rgy facility or a commercial solar energy facility if the fac ility owner has submitted an agricultural impact mitig ation agreement to the Department of Agriculture before Jan uary 27, 2023 (the effective date of Public Act 102-1123); or (3) a commercial wind energy or commercial solar energy development on property that is located within an ente rprise zone certified under the Illinois Enterprise Zone Act, that was classified as industrial by the appropriate zoning a uthority on or before January 27, 2023, and that is located wit hin 4 miles of the intersection of Interstate 88 and Interst ate 39. (Source: P.A. 102-1123, eff. 1 -27-23; 103-81, eff. 6-9-23; 1 03-580, eff. 12-8-23; revised 7-2 9-24.) (55 ILCS 5/5-12022) Sec. 5-12022. Building permit fee for veterans with a d isability. (a) A veteran with a d isability or the veteran's caregiver shall not be charged an y building permit fee for improvements to the residence of the veteran with a disability if the improvements are requ ired to accommodate a disability of the veteran. Nothing in this subsection changes the obligation of any person to submit to the county applications, forms, or other paperwork t o obtain a building permit. A veteran or caregiver must provide proof of veteran status and attest to the fact that the impro vements to the residence are required to accommodate the vet eran's disability. Proof of veteran status is to be constr ued liberally, and veteran status shall include service in the Armed Forces of the United States, National Guard, or the reserves of the Armed Forces of the United States. (b) What constitutes proof of veteran status shall be determined by the county. The Illinois Department of Veterans' Affairs may not adjudicate any dispute arising under subsection paragraph (a). (c) A home rule county may not regulate bu ilding permit fees in a manner inconsistent with this Secti on. This Section is a limitation under subsection (i) of Secti on 6 of Article VII of the Illinois Constitution on the c oncurrent exercise by home rule units of powers and functions exercised by the State. (Source: P.A. 103-621, eff. 1-1-25; revised 11-26-2 4.) (55 ILCS 5/5-12023) Sec. 5-12023 5-12022. Battery-charged fences. (a) As used in this Section, "battery-charged fence" means a fence energized by a battery that is not more than 12 volts of dire ct current that interfaces with an alarm system in a m anner that enables the fence to cause the connected alarm syste m to transmit a signal intended to notify law enforcement of a potential intrusion. (b) Notwithstanding any other law, a co unty may not require a permit or other approval for the installation, maintenance, placement, replacement, or servicin g of a battery-charged fence if (i) the battery-c harged fence is located on nonresidential property completely s urrounded by a nonelectric perimeter fence or wall that i s not less than 5 feet in height and does not exceed 10 feet in height or 2 feet higher than the nonelectric perimeter fence or wall, whichever is higher, and (ii ) any electrical charge produced on contact does not exceed energizer characteristics set for electric fences by the International Electrotechnical Commission. (c) Any battery-charged fence installed under this Section must have cons picuous signs located on the fence placed not less than 30 feet a part that read: "WARNING: ELECTRIC FENCE". ( d) A home rule county may not regulate battery-charged fencing in a manner inconsistent with this Section. This S ection is a limitation under subsection (i) of Section 6 of Art icle VII of the Illinois Constitution on the concurrent exercise by home rule units of powers an d functions exercised by the State.(Source : P.A. 103-796, eff. 1-1-25; revised 12-3-24.) (55 ILCS 5/5-15017) (from Ch.

34, par. 5-15017) Sec. 5-15017. R evenue bonds. In order to pay the cost o f the construction, acquisition by condemnation, purchase, or otherwise of any waterworks properties, or sewage facilities, or a combination thereof, or waste management facilit ies, as the case may be, and the improvement or extension from ti me to time thereof, including engineering, inspection, legal and financial fees and costs, working capital, interest on such bonds during co nstruction and for a reasonable period thereafter, establishme nt of reserves to secure such bonds and all other expendi tures of such county incidental and necessary or convenient t hereto, the county board may issue and sell revenue bonds p ayable solely from the income and revenue derived from the ope ration of the waterworks pro perties, or sewage facilities, or a combination thereof, or waste management facilities, as the case may be, and may also from time to time issue revenue bonds for the purpose of paying, refunding, or redeeming revenue bonds before, after, or at their maturity, including paying redemption premiums or interest accruing or to accrue on the bond s being paid or redeemed or for paying any other costs in connection with any s uch payment or redemption. All such bonds shall be authorized by ordinance to be adopted by the board, which shall be separ ate and distinct as applies to waterworks properties and as app lied to sewage facilities except where the system is combin ed. Such bonds shall bear such date or dates, mature at such time or serially at such times not exceeding 40 years from their respective dates, may bear interest at such rate or rates not exceeding the maximum rate established in t he Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evide nces of indebtedness and tax anticipation warrants subject t o interest rate limitations set forth therein", approv ed May 26, 1970, as from time to time in effect, may be in such form, may carry such registration privileges , may be executed in such manner, may be payable at such place or places, may be subject to redem ption in such manner, and upon such terms with or withou t premium as is stated on the face thereof, and may be exe cuted in such manner by such officers, and may contain such te rms and covenants, all as provided by the ordinance authorizing the issue. Such bonds shall be sold i n such manner as the board shall determine, and if issued to b ear interest at the maximum rate specified in this Section shall be sold for not less than par and accrued interest; howe ver, the selling price of any bonds bearing less than such maxim um rate, shall be such that the interest cost of the money received from the sale of the bonds shall not exceed such maximum rat e, computed to absolute maturity, according to standard tables of bond values. Notwithstanding the form or tenor thereo f, and in the absence of expressed recitals on the face thereof that the bonds are non-negotiable, all such bonds shall be negotiable instruments. To secure payment of any and all such bonds such ordinance shall set forth the covenant s and undertakings of the county in connection with the iss uance thereof, and the issuance of additional bonds payabl e from the revenues or income to be derived from the operation of the waterworks properties or sewage facilities, or waste management facilities, as the case may be, as well as the use and operatio n thereof, and for the use and disposition for waterworks, and sewerage, and waste management purposes of investment earn ings on funds and accounts created with respect to the revenue bonds. In case any officer whose signature appears on the bond or coupons attached thereto shall cease to be such officer before the delivery of the bonds to the purc haser, such signature shall nevertheless be valid and suf ficient for all purposes to the same effect as if he had remained in offi ce until the delivery of the bonds.

Under no circumstances shall any bonds issued or any other obligation, except as set forth in Section 5-15003, incurred pursuant to the provisions of t his Division be or become an indebtedness or an obligation of the county payable from taxes and shall not in any event c onstitute an indebtedness of such county within the meaning o f the constitutional provisions or limitations, and such fa ct shall be plainly stated on the face of each bond.

(Source: P.A. 86-962; revised 7-30-24 .) (55

ILCS 5/5-31012) (from Ch. 34, par.

5-31012) Sec. 5-31012. Powers of dis trict. To the extent necessary to ca rry out the purpose of this Division and in addition to any oth er powers, duties, and functions vested in museum districts by law, but subject to limitations and rest rictions imposed elsewhere by this Division or other law, a museum district is authorized and empow ered: (a) To adopt bylaw s, adopt and use a common seal, enter into contracts, acquire and h old real and personal property, and take such other actions as may be necessary for the proper conduct o f its affairs. (b) To make and publish all ordinances, rules, and regu lations necessary for the management and protection of its prop erty and the conduct of its affairs. (c) To study and ascertain the museum district artifacts and other ma terials, the need for preserving such resources and providing such facilities and the extent to which such needs are currently b eing met, and to prepare and adopt coordinated plans to meet such needs. (d) To a cquire by gift, devise, purchase, lease, agreement, or otherwise the fee or any lessor right or interest in real and p ersonal property, and to hold the same with public access for those who wish to examine or study it. The museum district may accept the transfer of any real or personal property owned or controlled by the State of Illinois, the county board, o r the governing body of any municipality, district, or public corporation and not devoted or dedicated to any other inconsistent public use. In acquiring or accepting land or rights t hereto, the museum district shall give due consideration to its historical v alue or county significance, and no real property shall be acquired or accepted which in the opinion of the museum district and the I llinois State Museum is of low value as to its propos ed use. (e) To acqui re any or all interest in real or personal property b y a contract for purchase providing for payment in installm ents over a period not to exceed 10 years with interest on the unpaid balance owing n ot to exceed an amount calculated pursuant to the provi sions of the Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants s ubject to interest rate limitations set forth therein", a pproved May 26, 1970, as amended. The indebt edness incurred under this subsection when aggregated with existing indebtedness may not exceed the debt limits provided in Section 5-31016. (f) To clas sify, designate, plan, develop, preserve, administer, and maintain all areas and facilities in which it has an interest and to construct, reconst ruct, alter, renew, equip, and ma intain buildings and other structures. Any work perfor med on any building, appurtenance, structure, or area lis ted on the National Register of Historic Places or deemed eli gible for such listing shall be performed within such guid elines as are established by the Department of Natural Res ources. (g) To acce pt gifts, grants, bequests, contributions, and appropriations of money and personal property for museum district purposes. (h) To employ and fix the compensation of an executive officer who shall be responsib le to the board for the implementation of its policies. The executive of ficer shall have the power, subject to the approv al of the board, to employ and fix the compensation of su ch assistants and employees as the board may consider necessary for the impl ementation of this Division. (i) To charge and collect reasonable fees for the use of such facilities, privileges, and conveniences as may b e provided. (j) To police its property and to exercise police powers in respect thereto or in respect to the enforcement of any rule or regulation provided by its ord inances. (k) To lease l and for a period not longer than 50 years to a responsible person, firm, or corporation for construction, reconstruction, al teration, development, operation, and maintenance of buildin gs, roads, and parking areas. Any work performed on an y leased building, structure, appurtenances, or area which is listed on the National Register of Historic Places or deemed eligible for such listing sh all be performed within such guidelines as are establi shed by the Department of Natural Resources. Upon exp iration of any lease of land under this subsection , title to all structures on the leased land shall be vested in the museum district. (l) To leas e any building or facility constructed, reconstructed, alter ed, renewed, equipped, furnished, extended, developed, and maintained by the m useum district to a responsible person, firm, or corporation for operation o r development or both, and maintenance for a period not lon ger than 20 years. Development, maintenance, or both of any buil ding, structures, appurtenances, or area wh ich is listed on the National Register of Historic Places or deemed eligible for such listing shall be pe rformed within such guidelines as are established by the Department of Natural Resources. (m) To make grants to not-for-profit historical clubs, organizations , or groups within the county.

(Source: P.A. 100-695, eff. 8-3-1 8; revised 7-30-24.) (55 ILCS 5/5-

31016) (from Ch. 34, par. 5-3

1016) Sec. 5-31 016. Indebtedness. Whenever a museum district does not have sufficient money in its treasury to meet all necessary exp enses and liabilities, it may issue tax anticipation warrants. Such i ssue of tax anticipation warrants shall be subject to th e provisions of Section 2 of the Warrants and Jurors Certificates Act

"An Act to provide for the manner of issuing warran ts upon any county, township, or other municipal corporati on or quasi municipal corporation, or of any farm dr ainage district, river district, drainage and levee distric t, fire protection district and jurors' certificates", approve d June 27, 1913, as now or hereafter amended. No museum district shall become indebted in any manner or for any purpose in an amount, including existing indebtedness, in the aggregate exceeding .25% of the value, as equalized or assessed by the Department of Revenue, of the taxable property within the museum district.(Source: P.A. 86-962; revised 7-30-24.) (55 ILCS 5/6-4002) (from C

h. 34, par. 6-4002) Sec. 6-4002. Resolution. The resolution of the county board authorizing the issuance of the general obligation bonds shall prescribe all the details of the bonds and specify the total amount of the bo nds to be issued, the form and denomination of the bonds , the date they are to bear, the place they are payable, the date or dates of maturity, which shall not be more than 30 yea rs after the date of the bonds, the rate of interest, which sh all not exceed that authorized by the Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipation war rants subject to interest rate limitations set forth therein", approved May 26, 1970, as amended, and the dates on which the interest is payable.(Source: P.A. 86-962; revised 7-30-24.) (55 ILCS 5/6-27004) (from Ch. 34, par. 6-27004) Sec. 6-27004. Purposes for which fund may be used; reimburseme nt. All moneys received from the issuance of bonds as herein au thorized, or from any tax levied pursuant to the authority gr anted by this Division, shall be set apart in said wo rking cash fund by the county treasurer and shall be used only f or the purposes and in the manner hereinafter provided. Such fund, and the moneys therein, shall not be regarded as current a ssets available for appropriation and shall not be appropriated by t he county board in the resolution termed the annual appropriations bill. The county board may appropriate moneys to the working cash f und up to the maximum amount allowable in the fund, and the working cash fund may receive such appropriations and any other contributions. In order to provide moneys with which to meet ordinary and necessary disbursements for salaries and other corporate purposes, such fund and the moneys therein may be trans ferred, in whole or in part, to the general corporate fund of the county and so disbursed therefrom (a) in anticipation of the c ollection of any taxes lawfully levied for general corporate purposes, (b) in anticipation of the receipt of moneys to be derived from fees and commissions to be earned by the county clerk and the county collector fo r extending and collecting taxes levied, or (c) in the anticipa tion of such taxes, as by law now or hereafter enacted or am ended, imposed by the General Assembly of the State of Illinoi s to replace revenue lost by units of local government and s chool districts as a result of the abolition of ad valorem p ersonal property taxes, pursuant to Article IX, Section 5(c) o f the Constitution of the State of Illinois. Moneys transferr ed to the general corporate fund in anticipation of the c ollection of taxes shall be deemed to have been transferred i n anticipation of the collection of that part of the taxes so levied which is in excess of the amount or amounts there of required to pay (a) any tax anticipation warrants and the i nterest thereon, theretofore or thereafter issued under the pro visions of Sections 2 and 3 of the Warrants and Jurors Certificates Act Section two (2) and three (3) of "An Act to provide for the manner of issuing warrants upon the treasurer of the State or of any county, township, city, village or other municipal corporation and jur ors' certificates", approved June 27, 1913, as amended, (b) the aggregate amount of receipts from taxes im posed to replace revenue lost by units of local government and school districts as a result of the abolition of ad valorem personal property taxes, pursuant to Article IX, Section 5(c) of the Constitution of the State of Illinois, which the corporate authorities estimate will be set aside for the paym ent of the proportionate amount of debt service and pension or retirement obligations, as required by Section 12 of the State Revenue Sharing Act "An Act in relation to State Revenue Sharing with local govern ment entities", approved July 31, 1969, as amended, and (c) any notes and the interest thereon, theretof ore or thereafter issued under the provisions of Division 6-2, an d such taxes levied for general corporate purposes when collected shall be applied, first, to the payment of any such warrant and the interes t thereon, the amount estimated to be required to satisfy d ebt service and pension or retirement obligations as set fo rth in Section 12 of the State Revenue Sharing Act "An Act in relation to State revenue sharing with local g overnment entities", approved July 31, 1969, as amended, and to the payment of any such notes and the interest thereon, and then to the reimbursement of said work ing cash fund as hereinafter provided. Upon the receipt by said county treasurer of any taxes, or other moneys, in antici pation of the collection or receipt whereof moneys of such work ing cash fund have been so transferred for disbursement, such fund sh all immediately be reimbursed therefrom until the full amount so transferred has bee n re-transferred to such fund. Unless the taxes a nd other moneys so received and applied to the reimbursement of th e working cash fund, prior to the close of the fiscal yea r following the fiscal year in which the last tax penalty date f all due shall be sufficient to effect a complete reimbur sement of such fund for any moneys transferred therefrom i n anticipation of the collection or receipt of such taxes, o r other moneys, such working cash fund shall be reimbursed fo r the amount of the deficiency therein from any other revenues accruing to said general corpo rate fund, and it shall be the duty of the county board to make provision for the immediate reimbursement of the amount of any such deficie ncy in its next resolution termed the annual appropriations bill.(Source: P.A. 86-962; revised 7-30-24.) Section 380. The Illin ois Municipal Code is amended by changing Sections 8-4.1-8, 10-4-2, 10-4-2.3 , 11-19-1, 11-48.3-11, 11-61-3, 1 1-135-1, and 11-135-4 and by setting forth, renumbering, and changing multiple versions of Section 11-13-28 as follows: (65 ILCS

5/8-4.1-8) (from Ch. 24, par

. 8-4.1-8) Sec. 8-4.1-8. Bonds authorized by Applicable Law may be issu ed in one or more series, bear such date or dates, become due a t such time or times within the period of years provided by App licable Law, bear interest payable at such intervals and at such rate or rates as authorized under Section 2 of the Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipat ion warrants subject to interest rate limitations set forth therein," appr oved May 26, 1970, as now or hereafter amended, which rates may be fixed or variable, be in such denominations, be in such form, either coupon or registered or book-entry, carry such convers ion, registration, and exchange privileges, be subject to defe asance upon such terms, have such rank or priority, be executed in such manner, be payable in such medium of paymen t at such place or places within or without the State of Illinois, be subject to such terms of redemption with or without premium, and be so ld in such manner at private or public sale and at such price as the corporate authorities shall determi ne. Whenever such bonds are sold at a price less than par, the y shall be sold at such price and bear interest at such rate o r rates such that the net interest rate received upon the sale of such Bonds does not exceed the maximum rate determined under Section 2 of the Bond Authorization Act "An Act to authorize p ublic corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970 , as now or hereafter amended.(Source: P.A. 85-158; revised 7-30-24.)

(65 ILCS 5/10-4-2) (Te xt of Section before amendment by P.A. 103-808) Sec. 10-4-2. Group insurance. (a) The corporate authorities of any municipality may arrange to provide, for the benefit of employees of the municipality, gro up life, health, accident, hospital, and medical insurance, or any one or any combination of those types of insurance, and may arrange to provide that insurance for the benefit of the spouses or dependents of those employees. The insurance may include provision for employees or other insured persons who rely on treatment by pr ayer or spiritual means alone for healing in accordan ce with the tenets and practice of a well recognized religious denomination. The corporate authorities may provide for pay ment by the municipality of a portio n of the premium or charge for the insurance with the employee paying the balance of the premium or charge. If th e corporate authorities undertake a plan under which the municipality pays a portion of the premium or charge, the corporate authorities shall provide for withholding and deducting from the compensation of those municipal em ployees who consent to join the plan the balance of the premium or charge for the insurance. (b) If the corporate authorities do not provide fo r a plan under which the municipality pays a portion of the premium or charge for a group insurance plan, the corp orate authorities may provide for withholding and deductin g from the compensation of those employees who consent thereto the premium or charge for any group life, health, acc ident, hospital, and medical insurance. (c) The corporate authorities may exercise the powers granted i n this Section only if the kinds of group insurance are o btained from an insurance company authorized to do business in the State of Illinois, or are obtained throu gh an intergovernmental joint self-insurance pool as authorized under the Intergovernmental Cooperation Act. The co rporate authorities may enact an ordinance prescribing the method of operation of the insurance program. (d) If a municipality, including a home rule munici pality, is a self-insurer for purposes of providing healt h insurance coverage for its employees, the insurance cover age shall include screening by low-dose mammography for all wome n 35 years of age or older for the presence of occult breas t cancer unless the municipality elects to provide mammograms itself under Section 10-4-2.1. The coverage shall be as follows:

(1) A baseline mammogram for women 35 to 39 years of age . (2) An annual mammo gram for women 40 years of age or older. (3) A mammogram at the age an d intervals considered medically necessary by the woman's hea lth care provider for women under 40 years of age and ha ving a family history of breast cancer, prior personal history of breast cancer, positive genetic testing, or other risk facto rs. (4) For a group poli cy of accident and health insurance that is amended, delivere d, issued, or renewed on or after January 1, 2020 (the effective date of Public Act 1 01-580) this amendatory Act of the 101s t General Assembly, a comprehensive ultrasou nd screening of an entire breast or breasts if a mammogram demons trates heterogeneous or dense breast tissue or when medically n ecessary as determined by a physician licensed to practice m edicine in all of its branches. (5) For a group policy of accid ent and health insurance that is amended, delivered, issued , or renewed on or after January 1, 2020 (the effective date of P ublic Act 101-580) this amendatory Act of the 101st General Assemb ly, a diagnostic mammogram when medically n ecessary, as determined by a physician licensed to practice medicine in all its branches, advanced practice registered nurse, or physician assistant. A policy subject to this sub section shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided; except that this sentence does not apply to coverage of diagno stic mammograms to the extent such coverage would disqualify a high-deductib le health plan from eligibility for a health savings account pursu ant to Section 223 of the Internal Revenue Code (26 U .S.C. 223). For purposes of this sub section: "Diagnostic mammogram" m eans a mammogram obtained using diagnostic mammography. "Diagnostic mammography" means a method of screeni ng that is designed to evaluate an abnormality in a breas t, including an abnormality seen or suspected on a screening mammogram or a subjective or objective abnormality otherwise detected in the breast. "Low -dose mammography" means the x-ray examination of the breast using equipment dedicated specifically for mammography, in cluding the x-ray tube, filter, compression device, and image receptor, with an average radiat ion exposure delivery of less than one rad per breast f or 2 views of an average size breast. The term also includes digital mammography. (d-5) Coverage as described by subsection (d) shall be provided at no cost to the insured and shall not be applied to an annual or lifetime maximum benefit. (d-10) When health care services are available through contracted providers and a person does not comply with pla n provisions specific to the use of contracted prov iders, the requirements of subsection (d-5) are no t applicable. When a person does not compl y with plan provisions specific to the use of contracted p roviders, plan provisions specific to the use of non-con tracted providers must be applied without distinction for cover age required by this Section and shall be at least as favorabl e as for other radiologica l examinations covered by the policy or contract. (d -15) If a municipality, including a home rule municipalit y, is a self-insurer for purposes of providing health insu rance coverage for its employees, the insurance coverage shall include mastectomy coverage, which includes coverage for pro sthetic devices or reconstructive surgery incident to the mastectomy. Coverage for breast reconstruction in connection with a maste ctomy shall include: (1) rec onstruction of the breast upon which the mastectomy has b een performed; (2) surgery and reconstruction of the other breast to produce a symmetr ical appearance; and (3) prostheses and treatment for physical complications at all stages of mastectomy, including lymphedemas.Care shall be determined in consultation with the attending physician and the patient. The offered coverage for prosthetic devices and reconstructive surgery shall be subject to the ded uctible and coinsurance conditions applied to the mastectomy, and all other terms and conditions applicable to oth er benefits. When a mastectomy is performed and there is no evidence of malignancy then the offered coverage may be li mited to the provision of prosthetic devices and reconstruc tive surgery to within 2 years after the date of the mastec tomy. As used in this Section, "mastectomy" means the remo val of all or part of the breast for medically necessary reason s, as determined by a licensed physician. A mun icipality, including a home rule municipality, that is a self-insurer for purposes of providing health insur ance coverage for its employees, may not penalize or reduce or limit the reimbursement of an attending provider or provide ince ntives (monetary or otherwise) to an attending p rovider to induce the provider to provide care to an insured in a manner inconsistent wit h this Section. (d-20) The requirem ent that mammograms be included in health insurance coverage as provided in subsections (d) through (d-15) is an exc lusive power and function of the State and is a denia l and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution of home rule municipality powers. A home rule municipality to which subsections (d) throu gh (d-15) apply must comply with every provis ion of those subsections. (d-25) If a m unicipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance cover age for its employees, the insurance coverage shall include joint mental heal th therapy services for any member of the municipality's police department or fire department and any spouse or partner of t he member who resides with the member. T he joint mental health therapy services provided under this subsection shall be performed by a physician licensed to practi ce medicine in all of its branches, a licensed clinical psycho logist, a licensed clinical social worker, a licens ed clinical professional counselor, a licensed marriage and family therapist, a licensed social worker, or a licensed professional counselor. This subsection is a limit ation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the St ate. (e) Rulemaking authority to implement Publ ic Act 95-1045, if any, is conditioned on th e rules being adopted in accordance with all provision s of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 103-818, eff. 1-1-25; revised 11-26-24.) (Text of Sect ion after amendment by P.A. 103-808) Sec. 10-4-2. Group insurance. (a) The corp orate authorities of any municipality may arrange to prov ide, for the benefit of employees of the municipality, gro up life, health, accident, hospital, and m edical insurance, or any one or any combination of those types of insurance, and may arrange to provide that insuranc e for the benefit of the spouses or dependents of those employe es. The insurance may include provision for employees or other insured persons who rely on treatment by pra yer or spiritual means alone for healing in accordanc e with the tenets and practice of a well recognized religious denomination. The corporate authorities may provide for payment by the municipality of a portion of the premium or ch arge for the insurance with the employee paying the balance of the premium or charge. If the corporate authorities undertake a plan under which the municipality pays a portion of th e premium or charge, the corporate authorities shall provide for withholding and deducting from the compensation of those municipal em ployees who consent to join the plan the balance of the premium or charge for the insurance. (b) If the corporate authorities do not provide fo r a plan under which the municipality pays a portion of the premium or charge for a group insurance plan, the corp orate authorities may provide for withholding and deductin g from the compensation of those employees who consent thereto the premium or charge for any group life, health, acc ident, hospital, and medical insurance. (c) The corporate authorities may exercise the powers granted i n this Section only if the kinds of group insurance are o btained from an insurance company authorized to do business in the State of Illinois, or are obtained throu gh an intergovernmental joint self-insurance pool as authorized under the Intergovernmental Cooperation Act. The co rporate authorities may enact an ordinance prescribing the method of operation of the insurance program. (d) If a municipality, including a home rule munici pality, is a self-insurer for purposes of providing healt h insurance coverage for its employees, the insurance cover age shall include screening by low-dose mammography for all pati ents 35 years of age or older for the presence of occult br east cancer unless the municipality elects to provide mammogra ms itself under Section 10-4-2.1. The coverage sh all be as follows: (1) A baseline mammogram for patients 35 to 39 years of age. (2) An annual mammogram for patients 40 years of age or older. (3) A mammogram at t he age and intervals considered medically necessary by the pa tient's health care provider for patients under 40 years of age and having a family history of breast cancer, prior pe rsonal history of breast cancer, positive genetic testing, or ot her risk factors. (4) Fo r a group policy of accident and health insurance that is ame nded, delivered, issued, or renewed on or after Januar y 1, 2020 (the effective date of Public Act 101-580), a comprehensive ultrasound screening of an entire breast or breast s if a mammogram demonstrates heterogeneous or dense brea st tissue or when medically necessary as determined by a physician l icensed to practice medicine in all of its branches. (4.5) For a group policy of accide nt and health insurance that is amended, delivered, issued, or renewed on or after January 1, 2026 (the effective date of Public A ct 103-808) this amendatory Act of the 103rd General Assembly, molecular breast imaging (MBI) and magnetic resonance imaging of an entire breast or brea sts if a mammogram demonstrates heterogeneous or dense bre ast tissue or when medically necessary as determined by a physician licensed to practice medicine in all of its br anches, advanced practice registered nurse, or physician assistant. (5) For a group policy of accident and health insurance that is amended, delivered, issued, or renewed on or after January 1, 2020, (the effective date of Public Act 101-580), a dia gnostic mammogram when medically necessary, as determ ined by a physician licensed to practice medicine in al l its branches, advanced practice registered nurse, or physician assistant. A policy subject to this sub section shall not impose a deductible, coinsurance, co payment, or any other cost-sharing requirement on t he coverage provided; except that this sentence does not apply to coverage of diagnost ic mammograms to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account pursuant to Section 223 of the Internal Revenue Code (26 U.S.C . 223). For purposes of this subse ction: "Diagnostic mammogram" means a mammogram obtained using diagnostic mammography. "Diagnostic mammography" means a method of s creening that is designed to evaluate an abnormality in a breast, including an abnormality se en or suspected on a screening mammogram or a subjective or objective abnormality otherwise detected in the breast. "Low-dose mammography" means the x-ray examination of the breast using equipment dedicated specifically f or mammography, including the x-ray tube, filter, c ompression device, and image receptor, with an average radiat ion exposure delivery of less than one rad per breast f or 2 views of an average size breast. The term also includes digital mammography. (d-5) Coverage as described by subsection (d) shall be provided at no cost to the insured and shall not be applied to an annual or lifetime maximum benefit. (d-10) When health care services are available through contracted providers and a person does not comply with pla n provisions specific to the use of contracted prov iders, the requirements of subsection (d-5) are no t applicable. When a person does not compl y with plan provisions specific to the use of contracted p roviders, plan provisions specific to the use of non-con tracted providers must be applied without distinction for cover age required by this Section and shall be at least as favorabl e as for other radiologica l examinations covered by the policy or contract. (d -15) If a municipality, including a home rule municipalit y, is a self-insurer for purposes of providing health insu rance coverage for its employees, the insurance coverage shall include mastectomy coverage, which includes coverage for pro sthetic devices or reconstructive surgery incident to the mastectomy. Coverage for breast reconstruction in connection with a maste ctomy shall include: (1) rec onstruction of the breast upon which the mastectomy has b een performed; (2) surgery and reconstruction of the other breast to produce a symmetr ical appearance; and (3) prostheses and treatment for physical complications at all stages of mastectomy, including lymphedemas.Care shall be determined in consultation with the attending physician and the patient. The offered coverage for prosthetic devices and reconstructive surgery shall be subject to the ded uctible and coinsurance conditions applied to the mastectomy, and all other terms and conditions applicable to oth er benefits. When a mastectomy is performed and there is no evidence of malignancy then the offered coverage may be li mited to the provision of prosthetic devices and reconstruc tive surgery to within 2 years after the date of the mastec tomy. As used in this Section, "mastectomy" means the remo val of all or part of the breast for medically necessary reason s, as determined by a licensed physician. A mun icipality, including a home rule municipality, that is a self-insurer for purposes of providing health insur ance coverage for its employees, may not penalize or reduce or limit the reimbursement of an attending provider or provide ince ntives (monetary or otherwise) to an attending p rovider to induce the provider to provide care to an insured in a manner inconsistent wit h this Section. (d-20) The requirem ent that mammograms be included in health insurance coverage as provided in subsections (d) through (d-15) is an exc lusive power and function of the State and is a denia l and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution of home rule municipality powers. A home rule municipality to which subsections (d) throu gh (d-15) apply must comply with every provis ion of those subsections. (d-25) If a m unicipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance cover age for its employees, the insurance coverage shall include joint mental heal th therapy services for any member of the municipality's police department or fire department and any spouse or partner of t he member who resides with the member. T he joint mental health therapy services provided under this subsection shall be performed by a physician licensed to practi ce medicine in all of its branches, a licensed clinical psycho logist, a licensed clinical social worker, a licens ed clinical professional counselor, a licensed marriage and family therapist, a licensed social worker, or a licensed professional counselor. This subsection is a limit ation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the St ate. (e) Rulemaking authority to implement Publ ic Act 95-1045, if any, is conditioned on th e rules being adopted in accordance with all provision s of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 103-808, eff. 1-1-26; 103-818, eff. 1-1-25; rev ised 11-26-24.) (65 ILCS

5/10-4-2.3) Sec. 10-4-2.3. Required health benefits. If a municipality, including a home rule municipalit y, is a self-insurer for purposes of providing healt h insurance coverage for its employees, th e coverage shall include coverage for the post-mas tectomy care benefits required to be covered by a policy of a ccident and health insurance under Section 356t and the coverag e required under Sections 356g, 356g.5, 356 g.5-1, 356m, 356q, 356u, 356u.10, 356w, 356x, 356z.4, 356z .4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.1 2, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z. 29, 356z.30, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41 , 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z. 54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z .64, 356z.67, 356z.68, and 356z.70, and 356z .71, 356z.74, and 356z.77 of the Illinois Insurance Code. The cover age shall comply with Sections 155.22a, 355b, 356z.19, and 370c of the Illinois Insurance Co de. The Department of Insurance shall enforce the requirements of this Section. The requirement that health be nefits be covered as provided in this is an exclusive p ower and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Ill inois Constitution. A home rule municipality to which this Section a pplies must comply with every provision of this Section. Rulemaking authority to implement Public Ac t 95-1045, if any, is conditioned on the rules being adop ted in accordance with all provisions of the Illinois Admin istrative Procedure Act and all rules and procedures of the Joi nt Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.

(Source: P.A. 102-30, eff. 1-1-22; 102- 103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, e ff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 1 03-91, eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 1 03-605, eff. 7-1-24; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 10 3-914, eff. 1-1-25; 103-918, eff. 1 -1-25; 103-1024, eff. 1-1-25; r evised 11-26-24.) (65 ILCS 5/11-13-28) Sec. 11-13-28. Building permit fee for veterans with a disability. (a) A veteran with a disability or the veteran's caregiver shall not be charged any building permit fee for improvements to the residence of the veteran with a disability if the improvements are required to accommodate a disability of the vetera n. Nothing in this subsection changes the obligation of any person to submit to the municipality applications, form s, or other paperwork to obtain a building permit. A veteran or caregiver must provide proof of veteran s tatus and attest to the fact that the improvements to the residence are required to accommodate the ve teran's disability. Proof of veteran status is to be construed liberally, and veteran status shall include service i n the Armed Forces of the United States, National Guard, or the reserves of the Armed Forces of the United States. (b) What constitutes proof of veteran status shall be deter mined by the municipality. The Illinois Department of Veterans' Affairs may not adjudicate a ny dispute arising under subsection paragraph (a). (c) A home rule municipality m ay not regulate building permit fees in a manner inconsiste nt with this Section. This Section is a limitation under subse ction (i) of Section 6 of Article VII of the Illinois Con stitution on the concurrent exercise by home rule units of po wers and functions exercised by the State.(Sour ce: P.A. 103-621, eff. 1-1-25; revised 11-26-24.) (65 ILCS 5/11-13-29) Sec. 11-13-29 11-13-2 8. Battery-cha rged fences. (a) As use d in this Section, "battery-charged fence" means a fe nce energized by a battery that i s not more than 12 volts of direct current that interf aces with an alarm system in a manner that enables the fenc e to cause the connected alarm system to transmit a signal intended to n otify law enforcement of a potential intrusion. (b) Notwithst anding any other law, a municipality may not require a permit or other approval for the installation, maintenance, p lacement, replacement, or servicing of a battery-charge d fence if (i) the battery-charged fence is located o n nonresidential property completely surrounded by a nonelectr ic perimeter fence or wall t hat is not less than 5 feet in height and does not exceed 10 feet in height or 2 feet higher than the nonelectric perimeter fence or wall, w hichever is higher, and (ii) any electrical charge produced on contact does not exceed energ izer characteristics set for electric fences by the International Electrotechnical Commission. (c) Any battery-charged fence installed under this Section must hav e conspicuous signs located on the fence placed not less than 30 feet apart that read: "WARNING: ELECTRIC FENCE". (d) A home rule municipality may not regulate battery-charged fencing in a manner inconsistent with this Sec tion. This Section is a limitation under subsection (i) of Sect ion 6 of Article VII of the Illinois Constit ution on the concurrent exercise by home rule units of pow ers and functions exercised by the State.( Source: P.A. 103-796, eff. 1-1-25; re vised 12-3-24.) (65 ILCS 5/11-19-1) (from Ch. 24, par. 11-19-1) Sec. 11-19-1. Contracts. (a) Any city, village, or inc orporated town may make contracts with any other city, vill age, or incorporated town or with any person, corporation, or county, or an y agency created by intergovernmental agreement, for more than on e year and not exceeding 30 years relating to the collection and final disposition, or relating solely to either the collection or final dis position of garbage, refuse and ashes. A munic ipality may contract with private industry to operate a designate d facility for the disposal, treatment, or recycling of solid waste, and may enter into contracts with p rivate firms or local governments for the delivery of waste to such facility. In regard to a contract involving a garbage, refuse, or garbage and refuse incineration facility, the 30-year 30 year contract limitation imposed by this Section shall be computed so that the 30 years shall not begin to run until the date on which the facility actually begins accepting garbage or refuse. The payments required in regard to any contract entered into under this Division 19 shall not be regarded as indebtedness of th e city, village, or incorporated town, as the case may be, fo r the purpose of any debt limitation imposed by any law. O n and after January 1, 2018 (the effective d ate of Public Act 100-316) this amendatory Act of the 100th General Assembly, a municipality with a population of less than 1,000,000 shall not enter into any new contracts with any oth er unit of local government, by intergovernmental agreement or otherwise, or with any corporation or person relating to the collecting and final disposition of general construction or demolition debri s; except that this sentence does not apply to a municipality w ith a population of less than 1,000,000 that is a party to: (1) a contract relating to the collec ting and final disposition of general construction or demolition debris on January 1, 2018 (the effective date of Public Act 100-316) this amendatory Act of the 100th General Assembly; or (2) the renewal or extension of a contract relating to the collecting and final disposition of general construction or demolition debris irrespective of whether the contract automati cally renews, is amended, or is subject to a new request for proposal after January 1, 2018 (the effective date of Public Act 100-316) this amendatory Act of the 100th General Assembly. (a-5) If a municipality with a population of less than 1,000,000 located in a county as def ined in the Solid Waste and Recycling Program Act has never awarded a franchise to a private entity for the collection of waste from non-residential locations, then the municipal ity may not award a franchise unless: (1) the municipality provides prior written noti ce to all haulers licensed to provide waste hauling service in that municipality of the municipality's intent to issue a request for proposal under this Section; (2) the municipality adopts an ordinance requiring each licensed hauler, for a period of no less than 36 continuou s months commencing on the first day of the month following the effective date of such ordinance, to report every 6 months to the municipality the number of non-resid ential locations served by the hauler in the municipality and the number of non-residential locations contracting with the hauler for the recyclable materials collection service pursuant to Section 10 of the Solid Waste Hauling and Recycling Program Act; and (3) the report to the municipality required under paragraph (2) of this subsection (a-5) for the fina l 6 months of that 36-month period establi shes that less than 50% of the non-residential locations in the municipality contract for recyclable material co llection services pursuant to Section 10 of the Solid Waste Hauling and Recycling Program Act. All such reports shall be filed with the municipali ty by the hauler on or before the last day of the month following the end of the 6-month reporting period. Within 15 days after the last day for licensed haulers to file such reports, the municipality shall post on its website: (i) th e information provided by each hauler pursuant to paragrap h (2) of this subsection (a-5), without ide ntifying the hauler; and (ii) the aggregate number of non-residential locations served by all licensed haulers in the municipality and the aggregate number of non-resid ential locations contracting with all licensed haulers in the municipality for the recyclable materials collection service under Section 10 of the Solid Waste Hauling and Recycling Prog ram Act. (a-10) Beginning at the conc lusion of the 36-month reporting period and thereafter, an d upon written request of the municipality, each licensed haule r shall, for every 6-month period, report to th e municipality (i) the number of non-residential locations served by the hauler in the municipality and the number of non-residential locations contrac ting with the hauler for the recyclable materials collection ser vice pursuant to Section 10 of the Solid Waste Hauling and Recycling Program Act, (ii) an estimate of the quantity of recycl able materials, in tons, collected by the hauler in the muni cipality from non-residential locations contracting with the hauler for recyclable materials collection service pursuant to Section 10 of the Solid Waste Hauling and Recycling Program Act , and (iii) an estimate of the quantity of municipal waste, in tons, collected by the hauler in the municipality from those non -residential locations. All reports for that 6-month period shall be filed with the municipality by the haul er on or before the last day of the month fol lowing the end of the 6-month reporting period. Within 15 days after the last day for licensed haulers to file such re ports, the municipality shall post on its website: (i) t he information provided by each hauler pursuant to this subsection (a-10), without identifying the hauler; and (ii) the a ggregate number of non-residential locations served by al l licensed haulers in the municipality and the aggregate number of non-residential locations contracting with al l licensed haulers in the municipality for the recyclable m aterials collection service under Section 10 of the Solid Wa ste Hauling and Recycling Program Act. A munic ipality subject to subsection (a-5) of this Sec tion may not award a franchise unless 2 consecutive 6-m onth reports determine that less than 50% of the non-r esidential locations within the municipality contract for r ecyclable material collection service pursuant to Section 10 of the Solid Waste Hauling and Recycling Program Act.

(b) If a municipality with a population of less than 1,0 00,000 has never awarded a franchise to a private entity for t he collection of waste from non-residential locations, th en that municipality may not award such a franchise witho ut issuing a request for proposal. The municipality may not is sue a request for proposal without first: (i) holding at least one pu blic hearing seeking comment on the advisability of issuing a reques t for proposal and awarding a franchise; (ii) providing at lea st 30 days' written notice of the hearing, delivered by first c lass mail to all private entities that provide non-residential waste collection services within the municipal ity that the municipality is able to identify through its r ecords; and (iii) providing at least 30 days' public notice of th e hearing. After issuing a request for proposal, t he municipality may not award a franchise without first: (i) allowin g at least 30 days for proposals to be submitted to the m unicipality; (ii) holding at least one public hearing after t he receipt of proposals on whether to award a franchis e to a proposed franchisee; and (iii) providing at le ast 30 days' public notice of the hearing. At the public hea ring, the municipality must disclose and discuss the proposed fran chise fee or calculation formula of such franchise fee that it will receive under the proposed franchise. ( b-5) If no request for proposal is issued within 120 days after the initial public hearing required in subsection (b), then the municipality must hold another hearing as out lined in subsection (b). (b-10) If a municipality has not awarded a franchise within 210 days after the date that a request for proposal is issued pursuant to s ubsection (b), then the municipality must adhere to all of the requirements set forth in subsections (b) and (b-5).

(b-15) The franc hise fee and any other fees, taxes, or charges imposed by t he municipality in connection with a franchise for the collect ion of waste from non-residential locations must be use d exclusively for costs associated with administering the franchise program. (c) If a municipal ity with a population of less than 1,000,000 has never aw arded a franchise to a private entity for the collection of was te from non-residential locations, then a private entity may not begin providing waste collection services to non -residential locations under a franchise a greement with that municipality at any time before the date that is 15 months after the date the ordinance or resolution appro ving the award of the franchise is adopted. ( d) For purposes of this Section, "w aste" means garbage, refuse, or ashes as defined in Section 11-19-2. (e) A home rule unit m ay not award a franchise to a private entity for the collectio n of waste in a manner contrary to the provisions of this Secti on. This Section is a limitation und er subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule uni ts of powers and functions exercised by the State. (f) A municipality with a population of less than 1,000, 000 shall not award a franchise or contract to any priv ate entity for the collection of general construction or demolition debris from residential or non-resident ial locations. This subsection does not apply to a municipality wi th a population of less than 1,000,000 that is a party to: (1) a franchise or contract with a private entity for the collecti on of general construction or demolition debris from resident ial or non-residential locations on January 1, 2018 (the effective date of Public Act 100-316) this amendatory Act of the 1 00th General Assembly; or (2) the renewal or extension of a franc hise or contract with a private entity for the collection of general construction or demolition debris from residential or non-residential locations irrespective of whether the fra nchise or contract automatically renews, is amended, or is subject to a new request for proposal after January 1 , 2018 (the effective date of Public Act 100-316) this amendatory A ct of the 100th General Assembly. (Source: P.A. 100-316, eff. 1-1-18; re vised 10-22-24.) (65 ILCS 5/11-48.3-11) (from Ch. 24, par. 11-48.3-11)

Sec. 11-48.3-11. The A uthority shall have continuing power to borrow money for the purpose of car rying out and performing its duties and exercising its powers under this Division. For the p urpose of evidencing the obligation of the Authority to repay any money borr owed as aforesaid, the Authority may, pursuant to ordinan ce adopted by the Board, from time to time issue and dispose of its interest bearing revenue bonds, and may also from time t o time issue and dispose of its interest bearing revenue bo nds to refund any bonds at maturity or pursuant to redemption provis ions or at any time before maturity with the consent of the holders thereof. All such bonds shall be payab le solely from the revenues or income to be derived from the exhibitions, renta ls, and leases and other authorized activities operated by it, and from funds, if any, received and to be received by the Authority from any other source. Such bonds may bear such date or dates, may mature at such time or times not exceeding 40 years from their respe ctive dates, may bear interest at such rate or rates, not exceeding the maximum rate permitted by the Bond Authorization Act "An Act to aut horize public corporations to issue bonds, other evidences of indebtedness a nd tax anticipation warrants subject to interest rat e limitations set forth therein", approved May 26, 1970, as now or hereafter amended, may be in such f orm, may carry such registration privileges, may be executed in such manner, may be payable at such place or places, may be made subject to redemption in such manner and upon such terms , with or without premium as is stated on the face thereof, m ay be executed in such manner and may contain such terms and covenants, all as may be provided in the ordinance. In case any officer whose signature appears on any bond ceases (after attaching his or her signature) to hold office, his or her signature shall neverthe less be valid and effective for all purposes. The holder or holders of any bonds or interest coupons appertaining the reto issued by the Authority may bring mandamus, injunction, ci vil actions, and proceedings to compel the p erformance and observance by the Authority or any of its officers, agent s, or employees of any contract or covenant made by the Authorit y with the holders of such bonds or interest coupons and to co mpel the Authority and any of its officers, agents, or employees to perform any duties required to be performed f or the benefit of the holders of any such bonds or interes t coupons by the provisions of the ordinance authorizing their issuance, or to enjoin the Authority and any of its off icers, agents, or employees from taking an y action in conflict with any such contract or covenant. Notwithstanding the form and tenor of any such bonds and in the absence of any express recital on the fa ce thereof that it is non-negotiable, all such bonds shall be negotiable instruments under the Uniform Commercial Code. From and after the issuance of any bond s as herein provided, it shall be th e duty of the corporate authorities of the Authority to fix and establish rates, charges, rents, and fees for the use of facilities acquired, constructed, reconstructed, extended, or improved with the proceeds of the sale of said bonds sufficient at all times, with other revenues of the Authority, to pay: (a) The cost of maintaining, repairing, reg ulating, and operating the said facilities; and (b) The bonds and intere st thereon as they shall become due, and all sinking fu nd requirements and other requirements provided by the ordinance authorizing the issuance of the bonds or as provided by any trust agree ment executed to secure paym ent thereof. To secure the payment of a ny or all of such bonds and for the purpose of setting forth th e covenants and undertakings of the Authority in connection wit h the issuance thereof and the issuance of any additional bonds p ayable from such revenue income to be derived from the exhibitions, office rentals, air space leases and rentals, and other revenue, if any, the Authority may execute and deliver a trust agreement or agreements; pr ovided that no lien upon any physical property of the Authority shall be created thereby. A remedy for any breach or default of the terms of any such trust agreement by the Authority may be by mandamus, injunction, civil action , and proceedings in any court of competent jurisdiction to compel performance and compliance therewith, but the trust agreement may pr escribe by whom or on whose behalf such action may be i nstituted. Before any such bonds (exce pting refunding bonds) are sold, the entire authorized issue, or any part thereof, sha ll be offered for sale as a unit after advertising for bids at l east 3 times in a daily newspaper of general circulation p ublished in the metropolitan area, the last publication to be a t least 10 days before bids are required to be filed. Copies o f such advertisement may be published in any newspaper or f inancial publication in the United States. All bids shall be se aled, filed, and opened as provided by ordinance and the bonds shall be awarded to the highes t and best bidder or bidders therefor. The Authority shall ha ve the right to reject all bids and readvertise for bids in t he manner provided for in the initial advertisement. If no b ids are received, however, such bonds may be sold at not less than par value, without further advertising, within 60 days after th e bids are required to be filed pursuant to any advertisemen t.(Source: P.A. 86-279; revised 7-31 -24.) (65 ILCS 5/11-61-3) (from Ch. 24, par. 11-61-3) Sec. 11-61-3. The corporate authorities of each municipality having a population of less than 1,000,000 inhabitants shall h ave the express power to purchase or lease either real estate or personal property for public purposes through contracts which provide for the consideration for such purchase or lease to be paid through installments to be made at stated intervals during a certa in period of time, but, in no case, shall such contracts provide for the consideration to be paid during a period of tim e in excess of 20 years nor shall such contracts provide for the payment of interest at a rate of more than that permitted in

the Bond Authorization Act "An Act to authorize public corporations to issue bonds , other evidences of indebtedness and tax anticipation warrants su bject to interest rate limitations set forth therein", approved May 26, 1970, as amended. The indebt edness incurred under this Section when aggregated with existing indebtedness may not exceed the debt limits provided in Division 5 of Artic le 8 of this Code. The amendatory Acts of 1972 and 1973 are not a limit upon a ny municipality which is a home rule unit.(Source: P.A. 91-493, eff. 8-13-99; revised 7-31-24.) (65 ILCS 5/11-135-1) (from Ch. 24, par. 11-135-1) Sec. 11-135-1. Any 2 or more municipalities , except cities of 500,000 or more inhabitants, may acquire e ither by purchase or construction a waterworks system or a commo n source of supply of water, or both, and may operate jointly a waterworks system or a common source of supply of water, or both, and improve and ext end the same, as provided in this Division 135. The corp orate authorities of the specified municipalities desirin g to avail themselves of the provisions of this Division 135 shall adopt a resolution or ordinance determining and electing to acquire a nd operate jointly a waterworks system or a common source of supply of water, or both, as the case may be. Such resolution or ordinance ma y be rescinded at any time prior to the issuance and sale of revenue bonds and after the rescinding municipality has no outstanding obligation to pay a proportionate share of the costs of developme nt, construction, or operation. Any municipality adopting a resolution or ordinance to acquire and operat e jointly a waterworks system or a common source of supply of water, or both, as the case may be, under the provisions of this Division 135, is authorized from time to ti me to pay, to advance, or to obligate i tself to the Commission, to bear a proportionate share of the d evelopment costs of any project proposed by the Commission, including plans, feasibility reports, and engineering, even tho ugh the project is never constructed or water is never supplied by the Commission to such municipality. Whenever any municipality determines to pay, to advan ce, or to obligate itself for its proportionate share of devel opment costs as above provided, it shall adopt an ordinance de claring its intention to do so, fix the maximum amount of its share of the cost it proposes to pay, to advance, or to obligate itself for, and the peri od over which it proposes to pay its obligation (not exceeding 5 years) and th e maximum amount to be paid annually, if such obligatio n is to be paid in installments. The time of payment of any such installment obligation may be extended for a period of no t exceeding five years from the final maturity date of the or iginal obligation. From and after such ordinance becomes e ffective, it shall be the duty of the municipality to include an amount sufficient to pay the annual installments of its obligation each ye ar in the next succeeding appropriation ordinances. No prior appropriation shall be required for a municipality to authorize the payments, advances, or obligations herein provided for. Whenever any municipality has obligated itself for development cost s as herein provided and after the effective date of the ordinance under which it obligated itself for a spe cific amount for development costs of a project and after ap proval of such obligation by the Commission, the Commission is authorized to borrow funds temporarily for payment of such development costs in advance of permanent financing. The Commission may from tim e to time and pursuant to an appropriate resolution borrow money and issue its interim notes to evidence borrowings fo r such purpose, including all necessary and incidental expe nses in connection therewith. Any resol ution authorizing the issuance of such notes shall describe the project and the development costs to be undertaken, specify the principal amount, rate of interest as authorized under Section 2 of the B ond Authorization Act "An Act to authori ze public corporations to issue bonds, other evidences of in debtedness and tax anticipation warrants subject to interest rate limitatio ns set forth therein", approved May 26, 1970, as now or hereafter amended, and the maturity date which shall coincide with the due date of the obligations or the installments thereof incurred by the respective municipalities pursuant to this Section no t, however, to exceed 5 years from date. Con temporaneously with the issuance as provided by this Division of revenue bonds, all outstanding interim notes issued fo r development costs of a project though they have no t then matured shall be paid, both principal and interest to date of payment, from funds derived from the sale of reven ue bonds for the permanent financing of any such project for which interim no tes may have been issued and such interim notes shall be surrendered and cancelled. Any municip ality adopting a resolution or ordinance to acquire and operat e jointly a waterworks system or a common source of supply of water, or both, as the case ma y be, under the provisions of this Division 135 is further authorized from time to time, to pay, to advance, or to obligate itself to the Commission to b ear, a proportionate share of the construction a nd operating costs of any project proposed by the Commission . Whenever a municipality determines t o pay, to advance, or to obligate its elf for its proportionate share of construction or opera ting costs as above provided, it shall adopt an ordinanc e declaring its intention to do so, fix the maximum amoun t of its share of the cost it proposes to pay, to advance, or to obligate itself for, and the period ov er which it proposes to pay its obligation and the maximum am ount to be paid annually, if such obligation is to be paid in installments. From and after such ordinance becomes ef fective, it shall be the duty of the municipality to include an amount sufficient to pay the annual installments of its obligation each year in the next succeeding appropriati on ordinances. No prior appropriation shall be required for a municipality to authorize the payments, advances, or obligations herein provided for. Whenever any municipal ity has paid, advanced, or obligated itself for development, constru ction, or operating costs as herein provided, the Commission i s authorized to contract with such municipality, on such terms as may be agre ed, for the repayment to such municipality by the Commission of any payment or advance made by such municipality to the Commission to charge, in addition to all other charges and rates authorized under the provisions of this Division, such rates and charges for water sold by the Commission as shall be necessary to pr ovide for such repayment. In addition, any payment or advanc e of such costs made by a municipality pursuant to this Section may be repaid by the Commission to the municipalit y from the proceeds of revenue bonds authorized to be issued b y the Commission pursuant to this Division 135.(Source: P.A. 82-783; revised 7-31-24.) (65 ILC

S 5/11-135-4) (from Ch. 24, par. 11-1

35-4)

Sec. 11-135-4. A commission may from time to time issue its revenue bonds in such principal amounts as the commission shall deem necessary to pr ovide sufficient funds to carry out any of its corporate pu rposes and powers, including, without limitation, develo ping, acquiring, constructing, extending, or improving a waterworks system or common source of sup ply of water, or any combination thereof, the funding or refu nding of the principal of, redemption premium, if any, an d interest on, any bonds issued by it whether or not such bonds or interest to be funded or refunded have or have not become due, the payment of engineering, legal, and other expenses, together with interest to a date one year subsequent to the estimated date of completion of the project, the establishment or increase of reserves to secure or to pay such bonds and interest thereon, the providing of worki ng capital, and the payment of all other costs or expenses of the commission incident to and necessary or convenient to car ry out its corporate purposes and powers. These bonds shall have all the qualities of negotiable instrum ents under the laws of this State and shall not constitute ind ebtedness of any of the municipalities constituting the commis sion. Every issue of bonds of such commissi on shall be payable out of the revenues to be derived pursuant to contracts with t he specified municipalities and participating water commissi ons or by virtue of the operation of any properties acquired or to be acquired or constructed. A commission may issue such typ es of bonds as it may determine, including bonds as to which the principal and interest are payable exclusively from the revenu es from one or more projects, or from an interest therein or a right to the products and services thereof, or from one or more revenue produ cing contracts made by the commission, or its revenues gener ally. Any such bonds may be additionally secured by a pledge o f any grant, subsidy, or contribution from the United States, the State of Illinoi s, or any unit of local government, or any combination thereof . Before the treasurer of the commission is entitled to receive the proceeds of the sale of such a bond issue, he shall supply a corporate surety bond in an amount equivalent to the amount of funds to be der ived from the sale of the bonds, and, in additi on thereto, he shall supply a separate corporate surety b ond for the faithful accounting of any funds that may come in to his possession in an amount equal to the amount of funds likely to come into his hands in any one year from th e revenue to be derived from the operation of any of the pro perties of the commission. The cost of these surety bonds shall be paid by the commission. The revenue bonds shall be issued pursuant to an ordinance or resolution, and may be i ssued in one or more series, and shall bear such date or dates , mature at such time or times within the estimated period of usefulness of the project involved and in any event not more t han 50 years from the date thereof, bear interest at such rate or rates as authorized under Section 2 of the Bond Authorization Act "An Act to authorize public corpo rations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as now or hereafter ame nded, which rates may be fixed or variable, b e in such denominations, be in such form, either coupon or reg istered, carry such conversion, registration, and exchange pr ivileges, have such rank or priority, be executed in such man ner, be payable in such medium of payment at such place or places within or without the State of Illinois, be subjec t to such terms of redemption with or without premi um, and contain or be subject to such other terms as the or dinance or resolution may provide, and shall not be restricted by the provisions of any other law limiti ng the amounts, maturities, interest rates, or other terms o f obligations of public agencies or private persons. The bonds shall be sold in such manner as the commission shall dete rmine, at private or public sale. It shall not be necessary that the ordinance or resolution refer to plans and specifications nor that there be on file for public inspection prior to the adoption of such ordi nance detailed plans and specifications of the project. T his ordinance or resolution may contain such covenants and rest rictions in relation to the operation of the properties under the control of the commission and the issuance of additional revenue bonds thereafter as may be deemed necessary or advisable for the ass urance of payment of the bonds thereby authorized and as may be thereafter issued. It shall be plainly stated on the face of each bond that it does not constitute an indebtedness of any municipality represented by the commission within the mea ning of any statutory or constitutional limitation. Upon the is suance of revenue bonds, the revenue of the commission derived pursuant to contracts entered into for the sale of water to t he specified municipalities and from the operation of it s properties, shall be accounted for as provided in the ordinance or resolution authorizing the iss uance of the bonds. Any commission created under the p rovisions of this Division 135 may also issue new bonds for the purpose of providing funds for the payment of unpaid bonds in accordance with the procedure prescribed by this Division 135. The amendatory Acts of 1971, 1972, 1 973, 1975 and 1981 are not a limit upon any municipality whi ch is a home rule unit.(Source: P.A. 91-659, eff. 12-22-99; revised 7-31-2 4.) Sec tion 385. The Economic Development Pro ject Area Tax Increment Allocation Act of 1995 is amended by c hanging Section 10 as follows: (65

ILCS 110/10) Sec. 10. De finitions. In this Act, words or terms have the following meaning s: (a) "Closed military installation" mean s a former base, camp, post, station, yard, center, homeport f acility for any ship, or other activity under the jurisdictio n of the United States Department of the Defense which is not less in the aggregate than 500 ac res and which is closed or in the pro cess of being closed by the Secretary of Defense under and pursuant to Title II of the Defense Base Closure and Realignment Act (Publi c Law 100-526; 10 U.S.C. 2687 note), The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), Section 2687 of Title 10 of the United States Code (10 U.S.C. 2687), or an installation, described in subsection (b) of Section 15 of the Joliet Arsenal Devel opment Authority Act, that has been transferred or is in the process of being transferred by the Secretar y of the Army pursuant to the Illinois Land Conservation Act (Title XXIX of Public Law 104-106; 16 U.S.C. 1609), as each may be further supplemented or amended. (b ) "Economic development plan" means th e written plan of a municipality that sets forth an econ omic development program for an economic development project area. Each economic development plan shall include, but not be limited to, (i) estimated economic developm ent project costs, (ii) the sources of funds to pay those costs , (iii) the nature and term of any obligations to be issued by the municipality to pay those costs, (iv) the most recent eq ualized assessed valuation of the economic development project are a, (v) an estimate of the equalized assessed valuation of the economic development project area after completion of an econom ic development project, (vi) the estimated date of completi on of any economic development project proposed to be undertake n, (vii) a general description of the types of any propo sed developers, users, or tenants of any property to be locat ed or improved within the economic development proje ct area, (viii) a description of the type, structure, and general ch aracter of the facilities to be developed or improved, (ix) a description of the general land uses to apply in the economic develop ment project area, (x) a general description or an estimate of the type, class, and number of employees to be employed in the operation of the facilities to be developed or improved, and (xi) a commitment by the muni cipality to fair employment practices and an affirmative action plan regarding any economic development program to be underta ken by the municipality. (c) "Economic d evelopment project" means any development project furthering the objectives of this Act. (d) "Economic d evelopment project area" means any improved or vacant are a that (i) is within or partially within and contiguous t o the boundaries of a closed military installation as defined i n subsection (a) of this Section (except the installation descr ibed in Section 15 of the Joliet Arsenal Development Authority Act) or, only in the case of the installation described in Se ction 15 of the Joliet Arsenal Development Authority Act, is wi thin or contiguous to the closed military installation, (ii) is located entirely within the territorial limits of a municipal ity, (iii) is contiguous, (iv) is not less in the aggregate th an 1 1/2 acres, (v) is suitable for siting by a commercial, manufacturing, industrial, research, transportation, or residential housing enterprise or facilities to include, but not be limited to, commercial businesses, offices, factories, mills, processing plants, industrial or commercial distribution centers, warehouses, repair overhaul or service faciliti es, freight terminals, research facilities, test facilities, tran sportation facilities, or singl e-family single o r multi-family residential housing units, regardless of w hether the area has been used at any time for those facil ities and regardless of whether the area has been used or i s suitable for other uses and (vi) has been approved an d certified by the corporate authorities of the municipalit y pursuant to this Act. (e) "Economic de velopment project costs" means and includes the total of all r easonable or necessary costs incurred or to be incurred under a n economic development project, including, without limitati on, the following: (1) Costs of studies, surveys, development of plans and specifications, and i mplementation and administration of an economic development plan and personnel and professional se rvice costs for architectural, engineering, legal, marketing, financial planning, police, fire, public works, public utility, or other services. No charges for professional se rvices, however, may be based on a percentage of incremental tax revenues. (2) Property assembly costs within an economic development pr oject area, including, but not limited to, acquisition of land and other real or personal property or rights or interests in property. (3) Site preparation costs, including, but not limited to, clea rance of any area withi n an economic development project area by demolitio n or removal of any existing buildings, structures, fixt ures, utilities, and improvements and clearing and gradin g; and including installation, repair, construction, reconstruction, extension, or relocation of public streets, public util ities, and other public site improvements located outside the boundaries of an economic development project area that are essential to the preparation of the economic development project area for use with an economic developme nt plan. (4) Costs of renovation, rehabilitation, reconstruction, reloc ation, repair, or remodeling of any existing buildings, improvements, equipment, and fixtures within an economic developmen t project area. (5) Costs of installation or construction w ithin an economic development project area of any buildings , structures, works, streets, improvements, equipment, utilitie s, or fixtures, whether publicly or privately owned or operated. (6) Financing costs, including, but not limited to, all necessary and i ncidental expenses related to the issuance of ob ligations, payment of any interest on any obligations issued under this Act that accrues during the estim ated period of construction of any economic development project for wh ich the obligations are issued and for not more than 3 6 months after that period, and any reasonable reserves re lated to the issuance of the obligations. (7) All or a portion of a taxin g district's capital or operating costs resultin g from an economic development project necessar ily incurred or estimated to be incurred by a taxing dist rict in the furtherance of the objectives of an economic d evelopment project, to the extent that the municipality, by written agreeme nt, accepts and approves those costs. (8) Relocation costs to the extent t hat a municipality determines that relocation costs s hall be paid or is required to pay relocation costs by federal or State law. (9) The estimated tax revenues from real property in an economic development project a rea acquired by a municipality in furtherance of an e conomic development project under this Act that, accordi ng to the economic development plan, is to be used for a p rivate use (i) that any taxing district would hav e received had the municipality not adopted tax increment allocation financing for an economic development project a rea and (ii) that would result from the taxing dist rict's levies made after the time of the ad option by the municipality of tax increment allocation financ ing to the time the current equalized assessed value of real property in the economic development project area e xceeds the total initial equalized value of real property.

(10) Costs of rebating ad valorem taxes paid by any developer or other nongover nmental person in whose name the general ta xes were paid for the last preceding year on any lot, block, tract, or parcel of land in the economic development project area, provided that: (A) the economic development project area is located in an enterprise zone c reated under the Illinois Enterprise Zone Act; (B) the ad valore m taxes shall be rebated only in amounts and for a tax year or years as the municipality and any one or more affec ted taxing districts have agreed by prior writte n agreement; (C) any amount of rebate of taxes shall not exceed the portion, if any, of taxes levied by the municipality or taxing district or districts that is attributable to th e increase in the current equalized assessed valuation of e ach taxable lot, block, tract, or parcel of real property in the economic development project area over and a bove the initial equalized assessed value of each property exist ing at the time property tax allocation financing was adop ted for the economic development project area; and (D) costs of rebating ad valorem taxes shall be paid by a municipality solely f rom the special tax allocation fund established under this Act and shal l not be paid from the proceeds of any obligations issued by a municipality. (11) Costs of job training or advanced vocational or career education, including, but not limit ed to, courses in occupational, semi-technical, or technical fields leading direct ly to employment, incurred by one or more taxing districts, but o nly if the costs are related to the establishment and maintenan ce of additional job training, advanced voca tional education, or career education programs for pe rsons employed or to be employed by employers located in the economic development project area and only if, when the costs are incurred by a taxing district or tax ing districts other than the municipality, they sh all be set forth in a written agreement by or among t he municipality and the taxing district or taxing dist ricts that describes the program to be undertaken, including , without limitation, the numbe r of employees to be trained, a description of the training and services to be provided, the number and type of positions available or to be available, i temized costs of the program and sources of funds to pay the costs, and the term of the agreement. These costs incl ude, specifically, the payment by community college districts of costs pursuant to Sections 3-37, 3-38, 3-40 and 3-40.1 of the Pub lic Community College Act and by school districts of cos ts pursuant to Sections 10-22.20 and 10-23.3a o f the School Code. (12 ) Private financing costs incurred by a developer o r other nongovernmental person in connection with a n economic development project, provided that: (A) private financing c osts shall be paid or reimbursed by a municipality only pu rsuant to the prior official action of the municipality evi dencing an intent to pay or reimburse such private financing costs; (B) except as provided in subparagraph (D), the aggregate amount of the costs paid or reimbu rsed by a municipality in any one year shall not exceed 30 % of the costs paid or incurred by the developer or other n ongovernmental person in that year;

(C) private financing costs shall be pa id or reimbursed by a municipality solely from the special tax allocation fund established under this Act an d shall not be paid from the proceeds of any obligations issued by a municip ality; and (D) if there are not sufficient funds available in the special tax allocation fund in any year to make the payment or reimbursement in full, any amount of t he interest costs remaining to be paid or reimbursed b y a municipality shall accrue and be payable when funds are available in th e special tax allocation fund to make the payment.

If a special service area has been est ablished under the Special Service Area Tax Act, then any tax increment revenues derived from the tax impo sed pursuant to the Special Service A rea Tax Act may be used within the economic development proj ect area for the purposes permitted by that Act as wel l as the purposes permitted by this Act.

(f) "Municipality" means a city, village, or in corporated town. (g) "Obligations" means any inst rument evidencing the obligation of a municipality to pay money, including, without limitat ion, bonds, notes, installment o r financing contracts, certificates, tax anticipation w arrants or notes, vouchers, and any other evidences of indeb tedness. (h) "Taxing districts" means countie s, townships, and school, road, park, sanitary, mosquito abatement, forest preserve, public health, fire pro tection, river conservancy, tuberculosis sanitarium, an d any other districts or other municipal corporation s with the power to levy taxes.(Sourc e: P.A. 91-642, eff. 8-2 0-99; revised 10-16-24.) Section 390. The Airport Authorities Act is amended by changing Section 15.2 as follows: (70 ILCS

5/15.2) (from Ch. 15 1/2, par. 68.15b)

Sec. 15.2. An Airport Authority may construct office, aircraft hangar and service buildings and appurtenant facilities upon a public airport owned and oper ated by the authority for the use and occupancy of the State Department of Transportation under a lease to the State of Illinois for such purpose. The rents and charges paya ble thereunder shall be not greater than the total costs to the authority of constructing and maintaining said airport improvements and of funding such costs under the provisio ns of Sections 8.03, 8.04, 8.08, 15, and 15.1, as amended, of this Act as hereinafter provided. The rentals payable to the authority under such lease, together with such non-tax revenues as are available to the aut hority, shall also be adequate in amount for the authority to establish an d maintain a bond reserve account. Such lease shall not be effective for a longer term than is reasonably required t o enable such funding to occur, and in no event shall the term thereof exceed 30 thir ty years. Such airport improvements shall be constructed upon plans and speci fications approved by the Department of Transportation . The lease of said improvements and the site thereof to th e State of Illinois shall be executed by the Department of Cent ral Management Services for the use of the Department of Transp ortation. In the event the General Assembly does not appropriat e the necessary funds for paying the rentals on the lease ente red into by the authority under this Section, the authority ma y lease such facilities to another lessee. The authority may s ecure the funds required for the construction of said improvements through the issuance and sale of revenue bonds as authorized by and subject to th e conditions stated in said Sections 15 and 15.1 of this Act, which bonds shall bear interest at a rate not to exceed that permitted in the Bond Authorization Act "An Act to authorize public corporations to is sue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as now or hereafter amended. Such revenue bon ds shall be primarily secured by the income receivable by the authority under said lease. Other available and unpledged airport operating income may be pledged by the authority to meet any deficiency in the income from the lease in meetin g the principal and interest maturities of said revenue bon ds and the maintenance and depreciation requirements of said S ection 15.1. The principal amount of such revenue bonds shal l be based upon the actual total costs of said improvements, including costs of engineering and architects services, the costs incidental to the issuance of the bond s, including legal costs, the costs of selling and printin g the bonds, and the interest on the bonds during the time o f construction. Construction contracts for said improvements shall be awarded upon competitive bids and such bids and the making of awards shall be subje ct to approval by the Authority and the Department of T ransportation.(Source: P.A. 82-1057; revis ed 7-31-24.) Section 395. The Metropolitan Pier and Exposition Authority Act is amended by changing Sec tion 23.1 as follows: (70 ILCS 210

/23.1) (from Ch. 85, par. 1243.1) Sec. 23.1. Affirmative action. (a) The Authority shall, within 90 days after the effecti ve date of this amendatory Act of 1984, establish and mainta in an affirmative action program designed to promote equal empl oyment opportunity and eliminate the effects of past discrim ination. Such program shall include a plan, including t imetables where appropriate, which shall specify goals and met hods for increasing participation by women and minorities in employment, including employment related t o the planning, organization, and staging of the games, by the Authority and by parties which contract with the Authority. The Authority shall submit a detailed plan with the General Assembly prior to S eptember 1 of each year. Such program shall also establish procedures and sanctions, which the Authority shall enforce to ensure compliance with the plan established pursuant to this Section and with State and fed eral laws and regulations relating to the employment of women and minorities. A determination by the Authority as to whether a party to a contract with the Authority has achieved the goals or employed the metho ds for increasing participation by women and minor ities shall be determined in accordance with the terms of suc h contracts or the applicable provisions of rules and regul ations of the Authority existing at the time such contract was executed, including any provisions for consideration of good faith efforts at compliance which the Authority may reasonab ly adopt. (b) The Authority shall adopt and maintain minority-owned and women-owned business enterprise procurement programs under the affirmative action program described in sub section (a) for any and all work, including all contracting related to the planning, organization, and stagin g of the games, undertaken by the Authority. That work shall include, but is not limited to, the purchase of prof essional services, construction services, supplies, materials , and equipment. The programs shall establish goals of a warding not less than 25% of the annual dollar value o f all contracts, purchase orders, or other agreements (col lectively referred to as "contracts") to minority-owned b usinesses and 5% of the annual dollar value of all con tracts to women-owned businesses. Without limiting the ge nerality of the foregoing, the programs shall require in connection with the prequalification or consideration o f vendors for professional service contracts, constr uction contracts, and contracts for supplies, materials, equ ipment, and services that each proposer or bidder submit as part of his or her proposal or bid a commitment detail ing how he or she will expend 25% or more of the dollar value of his or her contracts with one or more minority-owned business es and 5% or more of the dollar value with one or more women-owne d businesses. Bids or proposals that do not include such detailed commitme nts are not responsive and shall be rejected unless the Author ity deems it appropriate to grant a waiver of these requ irements. In addition the Authority may, in connection with the selection of providers of professional services, reser ve the right to select a minority-owned or women-owned business or businesses to fulfill the commitment to m inority and woman business participation. The commitment to minority and woman business participation may be met by the contractor or pro fessional service provider's status as a minority-own ed or women-owned business, by joint venture or by subcontracting a portion of the work with or purchasing m aterials for the work from one or more such businesses, or by any combination thereof. Each contract shall require the contra ctor or provider to submit a certified monthly report detail ing the status of that contractor or provider's compliance with the Authority's minority-owned and women-owned busi ness enterprise procurement program. The Authority, after re viewing the monthly reports of the contractors and prov iders, shall compile a comprehensive report regarding complian ce with this procurement program and file it quarterly with the General Assembly. If, in connection with a particular contract, the Authority determines that it is impracticabl e or excessively costly to obtain minority-owned or women-owned businesses to perform sufficient work to fulfill the co mmitment required by this subsection, the Authority shall red uce or waive the commitment in the contract, as may be appropri ate. The Authority shall establish rules and regulations s etting forth the standards to be used in determining whether or not a reduc tion or waiver is appropriate. The terms "minority-owned business" and "women-owned business" have the mean ings given to those terms in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

(c) The Authority shall adopt and maintain an affirmative action program in connection with the hiring of minorities and women on the Expansion Project and on any and all construc tion projects, including all contracting related to the planning, organization, and staging of the games, undertaken by the Authority. The program sh all be designed to promote equal employment opportunity and sha ll specify the goals and methods for increasing the participati on of minorities and women in a representative mix of job classificatio ns required to perform the respective contracts award ed by the Authority. (d) In connection wit h the Expansion Project, the Authority shall incorporate t he following elements into its minority-owned a nd women-owned business procurement programs to the extent feasible: (1) a major contractors program that permits minority-owned businesses and women-owned businesses to bear significant responsibility and risk for a portion of the project; (2) a mentor/protege program that pr ovides financial, technical, managerial, equipment, and personnel support to minority-owned b usinesses and women-owned businesses; (3) an emerging fir ms program that includes minority-owned businesses and wo men-owned businesses that would not otherwise qualify for the proje ct due to inexperience or limited resources; (4) a small projects progr am that includes participation by smaller minority-o wned businesses and women-owned businesses on jobs where the total dollar value is $5,000,000 or less; and (5) a set-aside program that will identify contracts requiring the e xpenditure of funds less than $50,000 for bids to be submitted solely by minority-owned businesses and women-owned businesses. (e) The Authority is a uthorized to enter into agreements with contractors' associations, labor unions, and the contractors working on the Expansion Project to establish an Apprenticeship Preparedness Training Program to provide f or an increase in the number of minority and women journeymen and apprentices in the building trades and to enter int o agreements with Community College District 508 to provide readiness training. The Authority is further authorized to enter into contracts with public and private educational inst itutions and persons in the hospitality industry to provide training f or employment in the hospitality industry. (f) McCormick Place Advisory Board. There is c reated a McCormick Place Advisory Board composed as follows: 2 membe rs shall be appointed by the Mayor of Chicago; 2 members shall be ap pointed by the Governor; 2 members shall be State Senators app ointed by the President of the Senate; 2 members shall be State Senators appointed by the Minority Leader of the Senate; 2 me mbers shall be State Representatives appointed by the Speaker of the House of Repres entatives; and 2 members shall be State Representatives a ppointed by the Minority Leader of the House of Repres entatives. The terms of all previously appointed members of t he Advisory Board expire on the effective date of this amendato ry Act of the 92nd General Assembly. A State Senator or Stat e Representative member may appoint a designee to ser ve on the McCormick Place Advisory Board in his or her abs ence. A "member of a minority group" shal l mean a person who is a citizen or lawful permanent resi dent of the United States and who is any of the followin g: (1) American Indian or Alaska Native (a person having origins in any of the original peoples of North and South America, including Central America, and who m aintains tribal affiliation or community attachment). (2) Asian (a person having origins in any of the original peoples of the Far East, Southeast Asi a, or the Indian subcontinent, including, but not limited to, C ambodia, China, India, Japan, Korea, Malaysia, Pakistan, t he Philippine Islands, Thailand, and Vietnam). (3) Black or African American (a person having origins in any of the black racial groups of Africa ). (4) Hispanic or Latino (a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regard less of race). (5) Native Hawaiian or Other Pacific Islander (a person h aving origins in any of the original peoples of Hawaii, Guam , Samoa, or other Pacific Islands). Members of the McCormick Place Advisory Board shall serve 2-y ear terms and until their successors are appointed, except m embers who serve as a result of their elected position who se terms shall continue as long as they hold their des ignated elected positions. Vacancies shall be filled by appointment for th e unexpired term in the same manner as original appoint ments are made. The McCormick Place Advisory Board shall elect its own chairperson. Members of the McCormick Place Advisory Board shall serve without compensation but, at the Authority's discretion, shall be reimbursed for nec essary expenses in connection with the performance of their d uties. The McCormick Place Advisory Board shall meet quar terly, or as needed, shall produce any reports it deems ne cessary, and shall: (1) Work with the Authority on ways to improve the area physically and e conomically; (2) Wor k with the Authority regarding potential means for provi ding increased economic opportunities to minorities and women prod uced indirectly or directly from the construction and oper ation of the Expansion Project; ( 3) Work with the Authority to minimize any potential impact on the area surrounding the McCormick Place Expansion Project , including any impact on minority-owned or women-owned businesses, resulting from the construction an d operation of the Expansion Project; (4) Work with the Authority to find candidates for building trades apprenticeships, for employ ment in the hospitality industry, and to identify job training programs; (5) Work with t he Authority to implement the provisions of sub sections (a) through (e) of this Section in the construct ion of the Expansion Project, including the Authority's goal of awarding not less than 25% and 5% of the annual dollar value of contracts to minority-o wned and women-owned businesses, the outreach program for minorities and women, and the mentor/protege program for pr oviding assistance to minority-owned and wom en-owned businesses. (g) (Blank). The Authority shall comply with subsection (e) of Secti on 5-42 of the Olympic Games and Paralympic Games (201 6) Law. For purposes of this Section, the term "gam es" has the meaning set forth in the Olympic Games and Paralympi c Games (2016) Law. (Source: P.A. 102 -465, eff. 1-1-22; revised 10-24-24.) S ection 400. The Conservation Dis trict Act is amended by changing Sectio n 15 as follows: (70 ILCS 4

10/15) (from Ch. 96 1/2, par. 7116) Sec. 15. (a) Whenever a district does not have sufficient money in its treasury to meet all neces sary expenses and liabilities thereof, it may issue tax a nticipation warrants. Such issue of tax anticipation warrants shall be subject to the provisions of Section 2 of the Warrants and Jurors Certificates Act "An Act to provide for the manner of issuing warrants upon the trea surer of the State or of any county, township, or other municip al corporation or quasi municipal corporation, or of any f arm drainage district, river district, drainag e and levee district, fire protection district and jurors' certificates", approved June 27, 1913, as now and hereafter amended. (b) For the purpose of acquisition of real property, or rights thereto, a district may incur indebtedness and, as evidence of the indebtedness thus created, may issue and sell bonds without first obtaining the consent of the leg al voters of the district. (b-5) For the purpose of development of real property, all or a portion of which has been acquired with referendum-approved bonds, a district located entirely within McHenry County may incur indebtedness and , as evidence of the indebtedness thus created, may issue and sell bonds without first obtaining the consent of the legal voters of the district. Development, for the purposes of this s ubsection (b-5), shall mean the improvement or maintenance of existing trails, parking lots, bridges, roads, picnic shelters, and other i mprovements, adding or improving access to conservation area s or district facilities to comply with the Americans with Disa bilities Act, demolition of unnecessary or unsafe structur es, and the stabilization, revitalization, or rehabilitation of historic structures. (c) For the purpose of development of rea l property, a district may incur indebtedness and, as evid ence of the indebtedness thus created, may issue and sell bond s only after the proposition to issue bonds has been submitted to the legal voters of the district at an election and has been approved by a majority of those voti ng on the proposition. Such election is subje ct to Section 15.1 of this Act. (d) No district sh all become indebted in any manner or for any purpose, to any a mount including existing indebtedness in the aggregate excee ding 0.575% of the value, as equalized or assessed by t he Department of Revenue, of the taxable property therein; except that a district entirely within a county of under 750,000 in habitants and contiguous to a county of more than 2,000,000 inhabitants may incur indebtedness, including existing indebte dness, in the aggregate not exceeding 1.725% of that value if t he aggregate indebtedness over 0.575% is submitted to the legal voters of the district at an election and is approved by a majo rity of those voting on the proposition as provided in Sec tion 15.1. The following do not in an y way limit the right of a district to issue non-r eferendum bonds under this Section: bonds heretofore or hereaft er issued and outstanding that are approved by referendum, as d escribed in this subsection (d); refunding bonds issued to refu nd or continue to refund bonds approved by referendum; and bo nds issued under this Section that have been paid in full or for which provisions for payment have been made by an ir revocable deposit of funds in an amount sufficient to pay the principal and interest on those bonds to their respective mat urity date. (e) Before or at the time of iss uing bonds as described in this Section, the district shall provide by ordinance for the collection of an annual tax, in addition to all other taxes authorized by this Act act, sufficient to pay such bonds and the interest thereon as the same respectively be come due. Such bonds shall be divided into series, the first of which shall mature not later than 5 years after th e date of issue and the last of which shall mature not late r than 25 years after the date of issue; shall bear i nterest at a rate or rates not exceeding the maximum rate permitt ed in the Bond Authorization Act "An Act to authorize public corporations to issue bonds, ot her evidences of indebtedness and tax anticipation warrants s ubject to interest rate limitations set forth therein", appr oved May 26, 1970, as now or hereafter amended; sha ll be in such form as the district shall by resolution provide; and shall be payable as to both principal a nd interest from the proceeds of the annual levy of taxes authorized to be levied by this Section, or so much thereof as will be sufficient to pay the principal thereof and the interest thereon. Prior to the authorization and issuan ce of such bonds the district may, with or without notice, negotiate and enter into an agreement or agree ments with any bank, investment banker, trust company, or insurance company, or group thereof, whereunder the marketing of such b onds may be assured and consummated. The proceeds of such bon ds shall be deposited in a special fund, to be kept separa te and apart from all other funds of the conservation district.(Source: P.A. 98-1168, eff. 6-1-15; revised 7-31-24.)

Section 405. The Central Illinois Economic Development Aut hority Act is amended by changing Section 21 as follows: (70 ILCS 504/21) Sec. 21. Requests fo r assistance; disclosure of economic interests. (a) The Authority may not hear a requ est for assistance from a restricted person. This prohibition extends to business relationships between a person who is an Authority leader with in one year prior to the request for assistance and to any entity in which a restricted perso n holds or, within the past 2 years, held an ownership inter est of 10% or more. (b) An Authority leader sh all disclose and recuse himself or herself from matters relating to requests for assistance from an entity that is relocating full-time employees from another Authority's counties if (i) both Authorities contract with or employ the same Authority leader or (ii) there is or, within the past 2 years of the request, there was a business relationship between the Authority leaders at the 2 Authorities. (c) The Board of the Authority shall vote to renew the appointment of the Execu tive Director and other Authority leaders on an annual basis. All contracts shall be approved on an annual basis and use a public process to solicit applications. This requirement does not apply to full-time employees of the Authority unless otherwise requir ed by applicable State law or local ordinance. (g) Each Authority leader shall submit a statement of ec onomic interests interest in accordance with Article 4A of the Illinois Governmenta l Ethics Act. Additionally, each Authority leader shall disclose to the Board outside sources of income and any business relat ionships in economic development consulting or lobbying. Rep orting shall include the source of income, services provided, and timeline of when services were provided. If the source of inc ome is a firm or organization with multiple clients, the repor t shall list all of the entities for which the individual pro vided services.(Source: P.A. 103-517, eff. 8-11-23 ; revised 7-31-24.) Section 410. The Eastern Illinois Economic Development Authority Act is amended by changing Section 21 as follows: (70 ILCS 506/21)

Sec. 21. Requests for assistance; disclosure of economic interests. (a) The Authority may not hear a request for assistance from a restricted person. This prohibition extends to busines s relationships between a person who is an Authority leader within one year prior to the request for assistance a nd to any entity in which a restricted person holds or, within the past 2 years, held an ownership interest of 10% or more.

(b) An Authority leader shall disclose and recuse himself or herself from matters relating to requests for assistance from an entity that is relocating full-time employees from another Authority's counties if (i) both Authorities contract with or employ the same Authority leader or (ii) there is or, within the past 2 years of the request, there was a business relationship between the Authority leaders at the 2 Authorities. (c) The Board of the Authority shall vote to renew the appointment of the Execu tive Director and other Authority leaders on an annual basis. All contracts shall be approved on an annual basis and use a public process to solicit applications. This requirement does not apply to full-time employees of the Authority unless otherwise requir ed by applicable State law or local ordinance. (d) Each Authority leader shall submit a statement of ec onomic interests interest in accordance with Article 4A of the Illinois Governmenta l Ethics Act. Additionally, each Authority leader shall disclose to the Board outside sources of income and any business relat ionships in economic development consulting or lobbying. Rep orting shall include the source of income, services provided, and timeline of when services were provided. If the source of inc ome is a firm or organization with multiple clients, the repor t shall list all of the entities for which the individual pro vided services.(Source: P.A. 103-517, eff. 8-11-23 ; revised 7-31-24.) Section 415. The Joliet Arsenal Development Authority Act is amen ded by changing Section 21 as follows:

(70 ILCS 508/21) Sec. 21. Requests for assistance; disclosure of economic interests. (a) The Au thority may not hear a request for assistance from a rest ricted person. This prohibition extends to business relations hips between a person who is an Authority leader with in one year prior to the request for assistance and to any e ntity in which a restricted person holds or, within the past 2 years, held an ownership interest of 10% or more. (b) An Authority leader shall disclose and recuse hims elf or herself from matters relating to requests for assistance from an en tity that is relocating full-time employees from another Authority's counties if (i) both Authorities contract with or employ the same Authority leader or (ii) there is or, within the past 2 years of the request, there was a business relationship between the Authority leaders at the 2 Authorities. (c) The Board of the Authority shall vote to renew the appointment of the Execu tive Director and other Authority leaders on an annual basis. All contracts shall be approved on an annual basis and use a public process to solicit applications. This requirement does not apply to full-time employees of the Authority unless otherwise requir ed by applicable State law or local ordinance. (d) Each Authority leader shall submit a statement of ec onomic interests interest in accordance with Article 4A of the Illinois Governmenta l Ethics Act. Additionally, each Authority leader shall disclose to the Board outside sources of income and any business relat ionships in economic development consulting or lobbying. Rep orting shall include the source of income, services provided, and timeline of when services were provided. If the source of inc ome is a firm or organization with multiple clients, the repor t shall list all of the entities for which the individual pro vided services.(Source: P.A. 103-517, eff. 8-11-23 ; revised 7-29-24.) Section 420. The Quad Cities Regional Economic Development Author ity Act, approved September 22, 1987 is amended by changing Secti on 5 as follows: (70 ILCS 510/5) (from Ch. 85, par. 6205) Sec. 5. Conflicts of interest; reques ts for assistance; disclosure of economic interests. (a) No member of the Authorit y or officer, agent, or employee t hereof other than the representatives of a professional spor ts team shall, in his or her own name or in the name of a nomi nee, be an officer, director, or hold an o wnership interest of more than 7-1/2% in any person, ass ociation, trust, corporation, partnership, or other ent ity which is, in its own name or in the name of a nominee, a party to a contract or agreement upon which the member or officer, agent, or employee may be called upon to act or vo te. (b) With respect to any direct or any indirect interest, other than an interest prohibited in subsection (a), in a contract or agreement upon which the member or officer, agent, or employee may be called upo n to act or vote, a member of the Authority or officer, agent, or employee thereof shall d isclose the same to the secretary of the Authority prior to the taking of final actio n by the Authority concerning such contract or agreement and shall so disclose the nature and extent of such interest and his or her acquisiti on thereof, which disclosures shall be publicly ackno wledged by the Authority and entered upon the minutes of the Authority. If a member of the Authority or officer, agent, or employee thereof holds such an interest, then he or she shall refrain from any further official involvement in regard t o such contract or agreement, from voting on any matter pertain ing to such contract or agreement, and from communicating wit h other members of the Authority or its officers, agents, and employees concerning said contract or agreement. Notwithstanding an y other provision of law, any contract or agreement entere d into in conformity with this subsection (b) shall not be void or invalid by reas on of the interest described in this subsection, nor shall any person so disclosing the interest and refraining from further official inv olvement as provided in this subsection be guilty of an offen se, be removed from office, or be subject to any other penalty on account of such interest. (c) Any contract or agreement made in violation of subsection (a) or (b) of this Section shall be null and void and give rise to no action against the Authority. No rea l estate to which a member or employee of the Authority holds legal title or in wh ich such person has any beneficial interest, including any interest in a land tru st, shall be purchased by the Authority or by a nonprofit c orporation or limited-profit entity for a developm ent to be financed under this Act. All members and employ ees of the Authority shall file annually with the Authority a record of a ll real estate in this State of which such person holds legal title or in which such person has any beneficia l interest, including any interest in a land trust. In the eve nt it is later disclosed that the Authority has purchas ed real estate in which a member or employee had an in terest, such purchase shall be voidable by the Authority and the member or employee involved shall be disqualified from membership in or employment by the Authority. (d) The Authori ty may not hear a request for assistance from a restric ted person. This prohibition extends to business re lationships between a person who is an Authority leader withi n one year prior to the request for assistance and to any entity in which a restricted person holds or, within the pas t 2 years, held an ownership interest of 10% or more. (e) An Authority leader shall disclose and recuse himself or herself from matters relating to requests for assistance from an entity that is relocating full-time e mployees from another Authority's counties if (i) both Auth orities contract with or employ the same Authority leader or (ii ) there is or, within the past 2 years of the request, there w as a business relationship between the Authority leader s at the 2 Authorities. (f) The Board of th e Authority shall vote to renew the appointment of the Executiv e Director and other Authority leaders on an annual basis. Al l contracts shall be approved on an annual basis and use a pub lic process to solicit applications. This requirement does not apply to full-time employees of the Authority unless otherwise requir ed by applicable State law or local ordinance. (g) Each Authority leader shall submit a statement of ec onomic interests interest in accordance with Article 4A of the Illinois Governmenta l Ethics Act. Additionally, each Authority leader shall disclose to the Board outside sources of income and any business relat ionships in economic development consulting or lobbying. Rep orting shall include the source of income, services provided, and timeline of when services were provided. If the source of inc ome is a firm or organization with multiple clients, the repor t shall list all of the entities for which the individual pro vided services.(Source: P.A. 103-517, eff. 8-11-23 ; revised 7-29-24.) Section 425. The Riverdale Development Authority Act is amended b y changing Section 21 as follows: (70 I

LCS 516/21) Sec. 21. Requ ests for assistance; disclosure of economic interests. (a) The Authori ty may not hear a request for assistance from a restricte d person. This prohibition extends to business relationships between a person who is an Authority leader within on e year prior to the request for assistance and to any entity in which a restricted person holds or, within the past 2 year s, held an ownership interest of 10% or more. (b) An Authority leader shall disclose and recuse himself o r herself from matters relating to requests for assistance from an entity that is relocating full-time employees from another Authority's counties if (i) both Authorities contract with or employ the same Authority leader or (ii) there is or, within the past 2 years of the request, there was a business relationship between the Authority le aders at the 2 Authorities. (c) The Board of the Authority shall vote to renew the appointment of the Execu tive Director and other Authority leaders on an annual basis. All contracts shall be approved on an annual basis and use a public process to solicit applications. This requirement does not apply to full-time employees of the Authority unless otherwise requir ed by applicable State law or local ordinance. (d) Each Authority leader shall submit a statement of ec onomic interests interest in accordance with Article 4A of the Illinois Governmenta l Ethics Act. Additionally, each Authority leader shall disclose to the Board outside sources of income and any business relat ionships in economic development consulting or lobbying. Rep orting shall include the source of income, services provided, and timeline of when services were provided. If the source of inc ome is a firm or organization with multiple clients, the repor t shall list all of the entities for which the individual pro vided services.(Source: P.A. 103-517, eff. 8-11-23 ; revised 7-29-24.) Section 430. The Southeastern Illinois Economic Development Autho rity Act is amended by changing Section 26 as follows: (70 ILCS 518/26) Sec. 26. Requests for assistance; disclosure of economic interests.

(a) The Authority may not hear a request for assist ance from a restricted person. This prohibition extends to bu siness relationships between a person who is an Autho rity leader within one year prior to the request for assista nce and to any entity in which a restricted person holds or, w ithin the past 2 years, held an ownership interest of 10% or more. (b) An Authority leader shall disclose and recuse himself or herself from matters relating to requests for assis tance from an entity that is relocating full-time employees from another Authority's counties if (i) both Authorities contract with or employ the same Authority leader or (ii) there is or, wi thin the past 2 years of the request, there was a business relation ship between the Authority leaders at the 2 Authorities.

(c) The Board of the Authority shall vote to renew the appointment of the Execu tive Director and other Authority leaders on an annual basis. All contracts shall be approved on an annual basis and use a public process to solicit applications. This requirement does not apply to full-time employees of the Authority unless otherwise requir ed by applicable State law or local ordinance. (d) Each Authority leader shall submit a statement of ec onomic interests interest in accordance with Article 4A of the Illinois Governmenta l Ethics Act. Additionally, each Authority leader shall disclose to the Board outside sources of income and any business relat ionships in economic development consulting or lobbying. Rep orting shall include the source of income, services provided, and timeline of when services were provided. If the source of inc ome is a firm or organization with multiple clients, the repor t shall list all of the entities for which the individual pro vided services.(Source: P.A. 103-517, eff. 8-11-23 ; revised 7-29-24.) Section 435. The Southern Illinois Economic Development Authority Act is amended by changing Section 5-26 as follows:

(70 ILCS 519/5-26) Sec. 5-26. Requests for assistance; disclosure of economic interests. (a) The Authority may not hear a request for assistance from a restricted person. This prohi bition extends to business relationships between a pe rson who is an Authority leader within one year prior to the request for assistance and to any entity in which a restricte d person holds or, within the past 2 years, held an ownership interest of 10% or more. (b) An Authority l eader shall disclose and recuse himself or herself from matters relating t o requests for assistance from an entity that is relocating full-time employees from another Authority's counties if (i) both Authorities contract with or employ the same Authority leader or (ii) there is or, within the past 2 years of the request, there was a busin ess relationship between the Authority leaders at the 2 Authorities. (c) The Board of the Authority shall vote to renew the appointm ent of the Executive Director and other Authority leaders on an annual basis. All co ntracts shall be approved on an annual basis and use a public process to solicit applications. This requirement does not apply to full-time employees of the Authority unless otherwise requir ed by applicable State law or local ordinance. (d) Each Authority leader shall submit a statement of ec onomic interests interest in accordance with Article 4A of the Illinois Governmenta l Ethics Act. Additionally, each Authority leader shall disclose to the Board outside sources of income and any business relat ionships in economic development consulting or lobbying. Rep orting shall include the source of income, services provided, and timeline of when services were provided. If the source of inc ome is a firm or organization with multiple clients, the repor t shall list all of the entities for which the individual pro vided services.(Source: P.A. 103-517, eff. 8-11-23 ; revised 7-30-24.) Section 440. The Southwestern Illinois Development Authority Act is amended by changing Section 11.1 as follows: (70 ILCS 520/11.1) (from Ch. 8

5, par. 6161.1) Sec. 11.1. (a) No member of the Authority or officer, agent , or employee of the Authority shall, in his or her own n ame or in the name of a nominee, be an officer or director of or hold an ownership of more than 7.5% in any person , association, trust, corporation, partnership, or other ent ity that is, in its own name or in the name of a nominee, a pa rty to a contract or agreement upon which the member, officer , agent, or employee may be called upon to act or vote.

(b) With respect to any direct or any indirect interest, other than an interest prohibited in subsection (a), in a contract or agreement upon which the member, officer, agent, or employee may be called upon to act or vote, the member, officer, agent, or emplo yee shall disclose that interest to the secretary of the Authority bef ore the taking of final action by the Authority concerning that contract or agreement and shall also disclose the nature and extent of that inte rest and his or her acquisition of that interest, which disclosures shall be publicly acknowledged by the Authorit y and entered upon the minutes of the Authority. If a member of the Authority or an office r, agent, or employee of the Authority holds such an interest , then he or she shall refrain from any further official involv ement in regard to the contract or agreement, from vot ing on any matter pertaining to the contract or agreement, and from communicating with other members of the Authority or its officers, agents, and employees concerning the contract or agreement. Notwithstanding any other provision of law, any contract or agreement entered into in conformity with this subsection (b) shall not be void or invalid by reason of an interest described in this subsection, nor shall any person so disclo sing the interest and refraining from further official invo lvement as provided in this subsection be guilty of an offen se, be removed from office, or be subject to any other pen alty on account of that interest. (c) Any co ntract or agreement made in violation of subsection (a) or (b) is void and gives rise to no action against the Authority. (d) The Authority may not hear a request for a ssistance from a restricted person. This prohibition extends to business relationships between a person who is an Authority le ader within one year prior to the request for assistance an d to any entity in which a restricted person holds or, within the past 2 years, held an ownership interest of 10% or more. (e) An Authority leader shall disclo se and recuse himself or herself from matters relating to re quests for assistance from an entity that is relocating full-time employees from another Authority's counties if (i) b oth Authorities contract with or employ the same Authority leade r or (ii) there is or, within the past 2 years of the reque st, there was a business relationship between the Authority le aders at the 2 Authorities. (f) The Board of the Authority shall vote to renew the appointment of the Ex ecutive Director and other Authority leaders on an annual bas is. All contracts shall be approved on an annual ba sis and use a public process to solicit applications. This requirement does not apply to full-time employees of the Authority unless otherwise requir ed by applicable State law or local ordinance. (g) Each Authority leader shall submit a statement of ec onomic interests interest in accordance with Article 4A of the Illinois Governmenta l Ethics Act. Additionally, each Authority leader shall disclose to the Board outside sources of income and any business relat ionships in economic development consulting or lobbying. Rep orting shall include the source of income, services provided, and timeline of when services were provided. If the source of inc ome is a firm or organization with multiple clients, the repor t shall list all of the entities for which the individual pro vided services.(Source: P.A. 103-517, eff. 8-11-23 ; revised 7-30-24.) Section 445. The Tri-County River Valley Development Author ity Law is amended by changing Section 2005.1 as follows:

(70 ILCS 525/2005.1) Sec. 2005.1. Requests for assistance; disclosure of economic interests. (a) The Authority may not hear a request for assistance from a restricted person. This prohibition ex tends to business relationships between a person who is an Authority leader within one year prior to the request for assistance and to any entity in which a restricted person holds or, within the past 2 years, held an ownership interest of 10% or more. (b) An Authority leader sha ll disclose and recuse himself or herself from matters relating to request s for assistance from an entity that is relocating full-time employees from another Authority's counties if (i) both Authorities contract with or employ the same Authority leader or (ii) ther e is or, within the past 2 years of the request, there was a business relation ship between the Authority leaders at the 2 Authorities . (c) The Board of the Authority shall vote to renew the appointment of t he Executive Director and other Authority leaders on an annual basis. All contra cts shall be approved on an annual basis and use a public process to solicit appl ications. This requirement does not apply to full-time employees of the Authority unless otherwise requir ed by applicable State law or local ordinance. (d) Each Authority leader shall submit a statement of ec onomic interests interest in accordance with Article 4A of the Illinois Governmenta l Ethics Act. Additionally, each Authority leader shall disclose to the Board outside sources of income and any business relat ionships in economic development consulting or lobbying. Rep orting shall include the source of income, services provided, and timeline of when services were provided. If the source of inc ome is a firm or organization with multiple clients, the repor t shall list all of the entities for which the individual pro vided services.(Source: P.A. 103-517, eff. 8-11-23 ; revised 7-30-24.) Section 450. The Upper Illinois River Valley Development Authorit y Act is amended by changing Sections 5.1 and 7 as follows: (70 ILCS 530/5.1) Sec. 5.1. Requests for assistance; disclosure of economic interests. (a) The Authority may not hear a request for assistance from a restricted person. This prohibition extend s to business relationships between a person who is a n Authority leader within one year prior to the request for assistance and to any entity in which a restricted person hold s or, within the past 2 years, held an ownership interest of 10% or more. (b) An Authority leader shall d isclose and recuse himself or herself from matters relating to requests fo r assistance from an entity that is relocating full-time employees from another Authority's counties if (i) both Authorities contract with or employ the same Authority leader or (ii) there is or, within the past 2 years of the request, there was a business relationsh ip between the Authority leaders at the 2 Authorities. (c) The Board of the Authority shall vote to renew the appointment of the Exe cutive Director and other Authority leaders on an annual basis. All contracts shall be approved on an annual basis and use a public process to solicit applications. This requirement does not apply to full-time employees of the Authority unless otherwise requir ed by applicable State law or local ordinance. (d) Each Authority leader shall submit a statement of ec onomic interests interest in accordance with Article 4A of the Illinois Governmenta l Ethics Act. Additionally, each Authority leader shall disclose to the Board outside sources of income and any business relat ionships in economic development consulting or lobbying. Rep orting shall include the source of income, services provided, and timeline of when services were provided. If the source of inc ome is a firm or organization with multiple clients, the repor t shall list all of the entities for which the individual pro vided services.(Source: P.A. 103-517, eff. 8-11-23 ; revised 7-30-24.) (70 ILCS 530/7)

(from Ch. 85, par. 7157) Sec. 7. Bonds. (a) The Authority , with the written approval of the Governor, shall have the continuing power to issue bonds, notes, or other eviden ces of indebtedness in an aggregate amount outstanding not to exceed $500,000,000 for the purpose of developing, constructing, acquiring, or improving projects, including those established by busin ess entities locating or expanding property within the territ orial jurisdiction of the Authority, for entering int o venture capital agreements with businesses locating or exp anding within the territorial jurisdiction of the Authority, f or acquiring and improving any property necessary and useful in connection therewith and for the purposes of the Employee O wnership Assistance Act. For the purpose of evidencing the obligations of the Authority to repay any money borrowed, the Authority may, pursuant to resolution, from time to time issue and dispose of its interest be aring revenue bonds, notes, or other evidences of indebtedness and may also from time to t ime issue and dispose of such bonds, notes, or other evidence s of indebtedness to refund, at maturity, at a redem ption date or in advance of either, any bonds, notes, or other evidences of indebtedness pursuant to redemption provisions or at any time before maturity. All such bonds, notes, or other evidences of indebtedness shall be payable solely and only from the revenues or income to be der ived from loans made with respect to projects, from the leasin g or sale of the projects or from any other funds available t o the Authority for such purposes. The bonds, notes, or other evidences of indebtedness may bear suc h date or dates, may mature at such time or times not exceedin g 40 years from their respective dates, may bear interest at su ch rate or rates not exceeding the maximum rate permitted by the Bond Authorization Act "An Act to authorize public corporations to issue b onds, other evidences of indebtedness and tax anticipation warrants subject to i nterest rate limitations set forth therein", approved May 26, 1970, as amended, may be in such form, may carry such registration privileges, may be executed in such manner, may be payable at such place or places, may be made subject to redemption in such manner and u pon such terms, with or without premium as is stated on the face thereof, may be authenticated in such manner, and may contain such terms and covenants as may be prov ided by an applicable resolution. (b-1 ) The holder or holders of any bonds, notes, or other evidences of indebtedness issued by the Authority m ay bring suits at law or proceedings in equity to compel the performance and obse rvance by any corporation or person or by the Authority o r any of its agents or employees of any contract or coven ant made with the holders of such bonds, notes, or other evidences of indebtedness, to compel such corporation, person, the Authority a nd any of its agents or employees to perform any duties required to be performed for the benefit of the holders of any such bonds, notes, or other evidences of in debtedness by the provision of the resolution authorizing their issuanc e and to enjoin such corporation, person, the Authority and an y of its agents or employees from taking any action in conflict with any such contract or covenant. (b-2) If the Authority fails to pay the principal of or interest on any of the bonds or premium, if any, as the same become due, a ci vil action to compel payment may be instituted in the ap propriate circuit court by the holder or holders of the bonds on which such default of payment exists or by an indenture trustee acting on beha lf of such holders. Delivery of a summons and a copy of the complaint to the Chairman of the Board shall constitut e sufficient service to give the circuit court jurisdiction of t he subject matter of such a suit and jurisdiction over the Authority and its o fficers named as defendants for the purpose of compelling suc h payment. Any case, controversy, or caus e of action concerning the validity of this Act relates to the revenue of the State of Illinois. (c) Notwithstanding the for m and tenor of any such bonds, notes, or other evidences of indebtedness and in the absence of any e xpress recital on the face thereof that it is non-negot iable, all such bonds, notes, and other evidences of i ndebtedness shall be negotiable instruments. Pending the prepa ration and execution of any such bonds, notes, or other evidences of indebtedness, temporary bonds, notes , or evidences of indebtedness may be issu ed as provided by ordinance. (d) To secur e the payment of any or all of such bonds, notes, or other evidences of indebtedness, the revenues to be r eceived by the Authority from a lease agreement or loan agreem ent shall be pledged, and, for the purpose of setting forth the covenants and undertakings of the Authority in connect ion with the issuance thereof and the issuance of any addit ional bonds, notes, or other evidences of indebtedness payable from such revenues, income, or other funds to be derived fr om projects, the Authority may execute and deliver a mortg age or trust agreement. A remedy for any breach or default of the terms of any s uch mortgage or trust agreement by the Authority may b e by mandamus proceedings in the appropriate circuit court to compel the performance an d compliance therewith, but the trust agreement may prescr ibe by whom or on whose behalf such action may be instituted.

(e) Such bonds or notes shall be secured as provided in the authorizing o rdinance which may, notwithstanding any other provision of this Act, include in addi tion to any other security a specific pledge or assignm ent of and lien on or security interest in any or all revenues or money of the Au thority from whatever source which may by law be used for debt service purposes and a specific pledge or assignment o f and lien on or security interest in any funds or accoun ts established or provided for by ordinance of the Authority authorizing the issuance of such bonds or notes. (f) (Blank).

(g) The State of Illinois pledges to and agrees with the holders of the bonds and notes of the Authority issued pursuant to this Section that the State will not limit or alter the rights and powers vested in the Authority by this Act so as to impair the terms of any contract made by the Auth ority with such holders or in any way impair the rights and remedies of such holders until such bonds and notes, togeth er with interest thereon, with interest on any unpaid installments of int erest, and all costs and expenses in connection with any act ion or proceedings by or on behalf of such holders, are ful ly met and discharged. In addition, the State pledges to and agrees with the holders of the bonds and notes of the Authority issued pursuant to this Section that the State will not limit or alter the basis on which State funds are t o be paid to the Authority as provided in this Act, or the us e of such funds, so as to impair the terms of any such con tract. The Authority is authorized to include these pledge s and agreements of the State in any contract with the holders of b onds or notes issued pursuant t o this Section. (h) (Blank).(Source: P.A. 98-750, eff. 1-1-15 ; 99-499, eff. 1-29-16; revised 7-30-24.)

Section 455. The Illinois Urban Development Autho rity Act is amended by changing Section 5 as follows:

(70 ILCS 531/5) Sec. 5. Conflicts of interest; requests for assistance; disclosure of economic interests.

(a) No member of the Authority or officer, agent, or employee thereof shall, in the member's own name or in th e name of a nominee, be an officer, director, or hold an owne rship interest in any person, association, trust, corporation, p artnership, or other entity which is, in its own name or in the name of a nominee, a party to a contract or agree ment upon which the member or officer, agent, o r employee may be called up on to act or vote. (b) With respect to any direct or any indirect interest , other than an interest prohibited in subsection (a), in a contract or agreement upon which the member or officer, agent, or employee may be called upon to act or vote, a member of the Authority or o fficer, agent, or employee thereof must disclose the interest to the secretary of the Authority prior to the taking of final ac tion by the Authority concerning the contract or agreement and shall disclo se the nature and extent of the interest and his or her acquisition thereof, which sh all be publicly acknowledged by the Authority and entered upon the min utes of the Authority. If a member of the Authority o r officer, agent, or employee thereof holds such an interest the n the member shall refrain from any further official involve ment in regard to the contract or agreement, from voting on any matter pertaining to the contract or agreement, and fr om communicating with other members of the Authority or its off icers, agents, and employees concerning the contract or agreement. Notwithstandin g any other provision of law, any contra ct or agreement entered into in conformity with this subs ection shall not be void or invalid by reason of the inter est described in this subsection, nor shall any person disclosing an interest and refraining from further official involvement as provided in thi s subsection be guilty of an offense, be removed from office, o r be subject to any other penalty on account of the interest . (c) Any contract or agreement made in violation of subsection subs ections (a) or (b) shall be null and void, wh ether or not the contract performance has been authorized, a nd shall give rise to no action against the Authority. No real e state to which a member or employee of the Authority holds leg al title or in which a member or employee of the Authori ty has any beneficial interest, including any interest in a land trust, shall be purchased by the Authority or by a non profit corporation or limited-profit entity for a develo pment to be financed under this Act. All mem bers and employees of the Authority shall file annually wit h the Authority a record of all real estate in this State t o which the member or employee holds legal title or in wh ich the member or employee has any beneficial interest, incl uding any interest in a land trust. In the event it is later disclosed that the Authority has purchased real estate in which a member or employee had an interest, that purchase sh all be voidable by the Authority and the member or empl oyee involved shall be disqualified from membership in or em ployment by the Authority. (d) The Authority may not hear a request for as sistance from a restricted person. This prohibition extends t o business relationships between a person who is an Authority le ader within one year prior to the request for assistance and to any entity in which a restricted person holds or, within t he past 2 years, held an ownership interest of 10% or more. (e) An Authority leader shall disclose and re cuse himself or herself from matters relating to requests for assis tance from an entity that is relocating full -time employees from another Authority's countie s if (i) both Authorities contract with or employ the same Autho rity leader or (ii) there is or, within the past 2 years of th e request, there was a business relationship between the A uthority leaders at the 2 Authorities. (f ) The Board of the Authority shall vote to renew the appointm ent of the Executive Director and other Authority leaders on an annual basis. All contracts shall be approved on an annual basis and use a public process to solicit application s. This requirement does not apply to full-time employees of the Authority unless otherwise requir ed by applicable State law or local ordinance. (g) Each Authority leader shall submit a statement of ec onomic interests interest in accordance with Article 4A of the Illinois Governmenta l Ethics Act. Additionally, each Authority leader shall disclose to the Board outside sources of income and any business relat ionships in economic development consulting or lobbying. Rep orting shall include the source of income, services provided, and timeline of when services were provided. If the source of inc ome is a firm or organization with multiple clients, the repor t shall list all of the entities for which the individual pro vided services.(Source: P.A. 103-517, eff. 8-11-23 ; revised 7-31-24.) Section 460. The Western Illinois Economic Development Authority Act is amended by changing Section 26 as follows: (70 ILCS 532/26)

Sec. 26. Requests for assistance; disclosure of economic interests. (a) The Authority may not hear a request for assistance from a restricted person. This prohibition extends to busines s relationships between a person who is an Authority leader within one year prior to the request for assistance a nd to any entity in which a restricted person holds or, within the past 2 years, held an ownership interest of 10% or more.

(b) An Authority leader shall disclose and recuse himself or herself from matters relating to requests for assistance from an entity that is relocating full-time employees from another Authority's counties if (i) both Authorities contract with or employ the same Authority leader or (ii) there is or, within the past 2 years of the request, there was a business relationship between the Authority leaders at the 2 Authorities. (c) The Board of the Authority shall vote to renew the appointment of the Execu tive Director and other Authority leaders on an annual basis. All contracts shall be approved on an annual basis and use a public process to solicit applications. This requirement does not apply to full-time employees of the Authority unless otherwise requir ed by applicable State law or local ordinance. (d) Each Authority leader shall submit a statement of ec onomic interests interest in accordance with Article 4A of the Illinois Governmenta l Ethics Act. Additionally, each Authority leader shall disclose to the Board outside sources of income and any business relat ionships in economic development consulting or lobbying. Rep orting shall include the source of income, services provided, and timeline of when services were provided. If the source of inc ome is a firm or organization with multiple clients, the repor t shall list all of the entities for which the individual pro vided services.(Source: P.A. 103-517, eff. 8-11-23 ; revised 7-22-24.) Section 465. The Will-Kankakee Regional Development Authori ty Law is amended by changing Section 5.1 as follows: (70 ILCS 535/5.1) Sec. 5.1. Requests for assistance; disclosure of economic interests. (a) The Authority may not hear a request for assis tance from a restricted person. This prohibition extends to b usiness relationships between a person who is an Auth ority leader within one year prior to the request for assist ance and to any entity in which a restricted person holds or, within the past 2 years, held an ownership interest of 10% or more. (b) An Authority leader shall disclos e and recuse himself or herself from matters relating to requests for assi stance from an entity that is relocating full-time employees from another Authority's counties if (i) both Authorities contract with or employ the same Authority leader or (ii) there is or, w ithin the past 2 years of the request, there was a business relationship betw een the Authority leaders at the 2 Authorities. (c) The Board of the Authority shall vote to renew the appointment of the Exe cutive Director and other Authority leaders on an annual basis. All contracts shall be approved on an annual basis and use a public process to solicit applications. This requirement does not apply to full-time employees of the Authority unless otherwise requir ed by applicable State law or local ordinance. (d) Each Authority leader shall submit a statement of ec onomic interests interest in accordance with Article 4A of the Illinois Governmenta l Ethics Act. Additionally, each Authority leader shall disclose to the Board outside sources of income and any business relat ionships in economic development consulting or lobbying. Rep orting shall include the source of income, services provided, and timeline of when services were provided. If the source of inc ome is a firm or organization with multiple clients, the repor t shall list all of the entities for which the individual pro vided services.(Source: P.A. 103-517, eff. 8-11-23 ; revised 7-22-24.) Section 470. The Illinois Drainage Code is amended by changing Se ction 6-12 as follows: (70 ILCS 6

05/6-12) (from Ch. 42, par. 6-12) Sec. 6-12. Extending payment of assessments; hearing; order assessments - Hearing - Order. The court shall h ear such petition and make such order as it deems pro per. The court may order the time of payment of any such ass essments or one or more installments of assessments, or any pa rt or parts thereof, extended, may change the number of insta llments into which such assessments are divided, may fix the r ate of interest which said extended assessments shall bear, which shall no t exceed that permitted in the Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipation wa rrants subject to interest rate limitations set forth therein", approved May 26, 1970, as amended, and shall give the owners an opportunity to pay the assessments or installments pro posed to be refunded in cash within a reasonable time to be fixed by the court without further notice, and after the expirat ion of the time fixed and the commissioners have reported such cash payments to the court, the cou rt shall also fix the amount of the refunding bonds and authorize their issuance by the commissioners at a rate of interest not to ex ceed the rate of interest on the extended assessments, and such refunding notes or bonds shall be a lien upon such extended assessments or installments. Extended assessments or i nstallments shall continue to be a lien upon the lands assesse d until paid.(Source: P.A. 84-886; revised 7-23-24.) Section 47 5. The Fire Protection District Act is amend ed by setting forth and renumbering multiple versions of Section 6.3 as follows: (70 ILCS 705/6.3) Sec. 6.3. Health insurance; joint mental health therapy services. If a fire protection district is a self-insurer for purposes of providin g health insurance coverage for officers and members of the fi re department, the insurance coverage shall include join t mental health therapy services for any officer or member of the fire department and any spouse or partner of the officer or member who resides with the officer or member. The joint m ental health therapy services provided under this Section shall be performed by a physician licensed to practice medicine in all of its branches, a licensed clinical psychologist, a licensed clinical social worker, a licensed clinical professional counselor, a licensed marriage and family therapist , a licensed social worker, or a licensed professional counselor.(Source: P.A. 103-818, eff. 1-1-25.) (70 ILCS 705/6.4) Sec. 6.4 6.3. Mental health counseling. (a) As used in this Section: "First responders" means f irefighters, emergency medical services personnel, as that te rm is defined in Section 3.5 of the Emergency Medical Servi ces (EMS) Systems Act, dispatched pursuant to a 9-1-1 call, emergency medical dispatchers, as that term is defined in Section 3.70 of the Emergency Medical Services (EM S) Systems Act, and public safety telecommunicators, as that term is defined in Section 2 of the Emergency Telephone System Act. "Mental health counseling" mean s counseling therapy sessions provided by a clinical social worker, professional counselor, or licensed psychologist. (b) If a fire protection district is a self-insurer for purposes of providing h ealth insurance coverage for its employees, the insurance coverage shall include, on and after June 1, 2025, m ental health counseling for any employee who is a first responder without imp osing a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided, except that this Section does not apply to the extent such coverage would disquali fy a high-deductible health plan from eligibility f or a health savings account pursuant to Section 223 of the Int ernal Revenue Code.(Source: P.A. 103-101 1, eff. 1-1-25; revised 12-3-24.) Section 48 0. The Museum District Act is amended by cha nging Section 17 as follows: (70 ILCS 1105/17) (from Ch. 85,

par. 6817) Sec. 17. Debt and bonds. The board of a museum district may, fo r any of its authorized purposes, borrow money upon the faith and credit of the district and may issue bonds. A district may not, however, become indebted in any manner or for any purpose to an amount including existing indebtedness in the aggregate exceeding 1.5% of the assessed value, as equalized by the Dep artment of Revenue, of the taxable property in the district. A dis trict may not incur (i) indebtedness in excess of .3% of t he assessed value, as equalized by the Department of Revenue, of tax able property in the district for the development of historical sites, together with related lands and facilities, held by the district or (ii) indebtedness for any other purpose except the acquisi tion of historical sites, together with related lands and facilities, unless the proposition to issue bonds or otherwise incur indebtedness is certified by the board to the proper elec tion officials, who shall submit the proposition at an election in accordance with the general election law, an d the proposition is approved by a majority of those voting upon the proposition. Before or at the time of i ssuing bonds, the board shall provide by ordinance for the coll ection of an annual tax sufficient to pay the interest o n the bonds as it falls due and to pay the principal of the bonds as they mature. The bonds shall mature not later than 2 0 years after the date thereof. Such bonds shall bear inte rest at such rate or rates as do not exceed those set f orth in the Bond Authorization Act "An Act to authorize public corporations to i ssue bonds, other evidences of indebtedness and tax anticipatio n warrants subject to interest rate limitations set forth there in", approved May 26, 1970, as amended from time to time, and shall be issuable upon any terms and may have p rovisions as make use of any authority as may be prov ided in the Local Government Debt Reform Act, as am ended from time to time.(Source : P.A. 86-477; revised 7-23-24.)

Section 485. The Chicago Park District Act is amended by changing Sections 20 and 20a as follows: (70 ILCS 150

5/20) (from Ch. 105, par. 333.20) Sec. 20. The Chicago Park District is authoriz ed to issue the bonds of such district for the payment of land condemned or purchased for park or boulevards, for the building, maintaining, improving, and protecting of such for the purpose of e stablishing, acquiring, completing, enlarging, ornamenting, bui lding, rebuilding, and improving public parks, boulevards , bridges, subways, viaducts, and approaches thereto, wharfs, piers, jetties, air landing fields and basins, shore prot ection works, pleasure grounds and ways, walks, pathwa ys, driveways, roadways, highways, and all public works, grounds, or improvements under the control of and within the jurisdiction of such park commiss ioners and including the filling in of submerged lands for park purposes and constructing all buildings, field houses, stadiums, shelters, conservatories, museums, service shops, power plants, struct ures, playground devices, boulevard and building lighting systems and building all other types of permanent improv ement and construction necessary to render the property under the control of such park commiss ioners usable for the enjoyment thereof as public parks, parkway s, boulevards, and pleasure ways and for the payment of the expenses incident thereto, and may pledge its property and credit therefor. Such distric t shall not incur any bonded indebtedness, exclusive of outstanding indebtedness t o an amount in the aggregate exceeding 2.3% of the assessed valuation of a ll taxable property therein as last equalized and determ ined for state and local taxes preceding the incurring of s uch indebtedness. Bonds may be issued from time to time to an amount which togethe r with the outstanding bonded indebtedness of such distri ct, exclusive of bonds issued to create a working cash fund, will not exceed 1% of the assessed valuation of all taxa ble property therein as last equalized and determined fo r state and local taxes preceding the issuance of such b onds without submitting the question to the legal voters for ap proval. Except as otherwise provided in t his Section and except for working cash fund bonds issued and to be issued under Section 2 of the Chicago Park Di strict Working Cash Fund Act "An Act authorizing the Chica go Park District to provide for the creation, maintenance a nd administration of a working cash fund", approved July 11, 1935, as amende d, bonds shall not be issued until the pro position to issue such has been submitted to and approved by a majority of the legal voters of such park district vo ting upon the proposition, at an election, after notice of suc h submission has been given in the manner provided by the general election law. Submission of any proposition of issuing bonds shall be authorized by resolut ion to be adopted by the Chicago Park District commissio ners, which shall designate the election at which the question is to be submitted the amount of bonds and purpose for which such bonds are to be issued. Any proposition to issue bonds shall be certified by the Chi cago Park District commissioners to the prope r election officials, who shall submit that proposition in accordance with the general election law. The propositi on shall be in substantially the following form:----- Shal l bonds of the Chicago Park District to the amount of YES ........ Dollars ($........) be --------- issued for the purpose of...... NO ...............................? ------------------------ Bonds shall be issued in the name of the Chicago Park District in such form and denomination and shall be payable at such place and time, not exceeding 20 y ears from date thereof or, for bonds issued after July 24, 2003 (the effective date of Public Act 93-338) this amendatory Act of the 93rd General Assembly, n ot exceeding 30 years from the date thereof, and may be redeem able prior to maturity with or without premium at the option o f the commissioners, as such commissioners may determine by ordin ance duly adopted and the bonds shall be signed by the pr esident and attested by the secretary under the corporate s eal. After such advertising as the commissioners shall deem necessary, the bonds shall be sold at such price and upon such terms as determined by the commissioners and which will not c ause th e net effective interest ra te to be paid by the Chicago Park District to exceed that permitted in the Bond Au thorization Act "An Act to authorize public corporations to issu e bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as now or hereafter amended. The validity o f any bond so executed shall remain unimpaired, although one or more of the officers executi ng such shall have ceased to be such officer or officers before delivery thereof to the purchaser. For the purpose of paying the principal of and interest upon such bonds, the Chicago Park District is auth orized to levy and have collected a direct annual tax upon all taxable property within its jurisdiction, in addition t o all other taxes authorized by law to be levied and collect ed for park purposes, sufficient to pay the intere st on such bonds as it falls due and to pay the principal there of as it matures, and the county clerk of the county in which such park district is located upon receiving a certificate from the commissioners that the amount set out in su ch certificate is necessary to pay the interest on and principal of such bonds, shall a ssess and extend such amount upon the taxable property embrace d in such park district, the same as other park taxes are by law assessed and extended, and such taxes shall be collecte d and paid over in like manner as other park taxes are required by law to be collected and paid.(Source: P.A. 93-338, eff. 7-24-03; revised 7-24-24.) (70 ILCS 1505/20a) (from Ch. 105, par. 333.20a) Sec. 20a. Bonds; issuance; interest. Notwithstanding anything to the contrary in Section 20 of this Act, the Chicago Park District is authorized to i ssue from time to time bonds of such district in the principa l amount of $84,000,000 for the purpose of paying the cost of erecting, enlarging, ornamenting, building, rebuilding, rehabi litating, and improving any aquarium or a ny museum or museums of art, industry, science, or natural or other history located within any public park or parks under the control of the Chicago Park District, witho ut submitting the question of issuing such bonds to the voters o f the District. Notwithstanding anything to the contrary in Section 20 of this Act, and in addition to an y other amount of bonds authorized to be issued under this Act, the Chicago Park District is authorized to issue from time to time, before January 1, 2004, bonds of the dist rict in the principal amount of $128,000,000 for the purpose of paying the cost of erecting, enlarging, ornamenting, building, rebuilding, rehabilitating, and improving any aquarium or any museum or museums of art, indust ry, science, or natural or other history located within any publ ic park or parks under the control of the Chicago Park District, without submitting the question of issuing the bonds to the voters of the District. Notwithst anding anything to the contrary in Section 20 of this Act, and in addition to any other amount of bonds authorized to be issued un der this Act, the Chicago Park District is authorized to issue from time to time bonds of the district in the principal amount of $250,000,000 f or the purpose of making contributions to the pension fund established under Article 12 of the Illinois Pension C ode without submitting the question of issuing the bonds t o the voters of the District; except that in any one ye ar, the Chicago Park District may not issue bonds in exce ss of $75,000,000. Any bond issuances under this subsectio n are intended to decrease the unfunded liability of the pensio n fund and shall not decrease the amount of the employ er contributions required in any given year under Sectio n 12-149 of the Illinois Pension Code. The bonds authorized under this Section shall be of such de nomination or denominations, may be registerable as to princi pal only, and shall mature serially within a period of not to exceed 20 years or, for bonds issued after July 24, 2003 ( the effective date of Public Act 93-338) this amendatory Act of th e 93rd General Assembly, within a period of not to exceed 30 years, may be redeemable prior to maturity wit h or without premium at the option of the commissioners o n such terms and conditions as the commissioners of the Chicago Park District shall fix by the ordinance autho rizing the issuance of such bonds. The bonds shall bear inte rest at the rate of not to exceed that permitted in the Bond Authorization Act "A n Act to authorize public corporations to issue bonds, oth er evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein" , approved May 26, 1970, as now or hereafter amended. Such bonds shall be executed for and on behalf of the Park District by such officers as s hall be specified in the bond ordinance, and one of such officers may be authorized to execute the bonds by his facsim ile signature, which officer shall adopt as and for his official manual s ignature the facsimile signature as it appears upon the bonds. The ordinance authorizing th e issuance of the bonds shall provide for the levy and collection, in each o f the years any of such bonds shall be outstanding, a tax with out limitation as to rate or amount and in addition to all ot her taxes upon all the taxable property within the corporate boundaries of the Chicago Park District, sufficient to pay t he principal of and the interest upon such bonds as the sam e matures and becomes due. A certified copy of the ordinance providing for t he issuance of the bonds and the levying and collecting of the tax to pay the same shall be filed with the County Clerk of the county in which the Chicago Park District is located or with the respective County Clerks of each county in which the Chi cago Park District is located. Such ordinance shall be irre vocable and upon receipt of the certified copy thereof the C ounty Clerk or County Clerks, as the case may be, shall p rovide for, assess and extend the tax as therein provided up on all the taxable property located within the corporate boundaries of the Chicago Park District, in the same manner as other park taxes by law shall be provided for, assessed and ext ended, and such taxes shall be collected and paid out in the s ame manner as other park taxes by law shall be collected and paid. The interest on any unexpended procee ds of bonds issued under this Section shall be credited to t he Chicago Park District and shall be paid into the District's general corporate fund. The Chicago Park District may tr ansfer such amount of interest from the general corporate fund to the aquarium and museum bond fund. The amount of the outstandin g bonded indebtedness of the Chicago Park District issued un der this Section shall not be included in the bonded indebted ness of the District in determining whether or not the Di strict has exceeded its limitation of 1/2 of 1% of the ass essed valuation of all taxable property in the District as last equalized and determined by the Department of Revenue fo r the issuance of any bonds authorized under the provisions of Section 20 of this Act without submitting the question to the legal voters for approval.(Source: P.A. 1 02-263, eff. 8-6-21; revised 7-24-24.) Secti on 490. The Chicago Park District Working Cash Fund Act is am ended by changing Sections 2 and 4 as follows: (70 ILCS 1510/2) (from

Ch. 105, par. 333.25) Sec. 2. For the purpose of creating such working cash fund the commissioners of the Chicago Park District, without the submission thereof to the voters for approval, may incu r an indebtedness and issue bonds therefor in an amount n ot to exceed $40,000,000 in addition to bonds in the amou nt of $25,000,000 heretofore authorized, and in additio n to bonds in the amounts of $5,000,000 and $7,000,000 heret ofore authorized, and issued for that purpose. Bonds in the amount of not to exceed $40,000,000 may be sold in any one y ear and if such maximum amou nt shall not be so sold in the first year the balance thereof may be sold in any year thereafter at the discretion of the commissioners. Such bonds shall be authorized by ordinan ce and shall be of the form and denomination, payable at the place and bear such date as may be determined by the commissioners and shall mature within not to exceed 20 years from their date or, for bonds issued af ter July 24, 2003 (the effective date of Public Act 93-338) this amendatory Act of the 93rd General Assembly, within not to exceed 30 years from their date, but may be made callable on any interest p ayment date at the price of par and accrued interest after n otice shall be given by publication or otherwise and at th e time or times and in the manner as may be provided in t he bond ordinance. Such bonds may be register ed as to principal and shall bear interest at the ra te of not more than that permitted in the Bond Autho rization Act "An Act to authorize public c orporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limita tions set forth therein", approved May 26, 1970, as now or hereafter amended, such interest to be payable at such time and place and in such manner as may be provided in the bond ordinance. The bonds may be signed by the facsimile signature of the President wi th like effect as if signed with his genuine signature and shall be signed by such other of ficers of the Chicago Park District as may be designated in the bond ordinance. The v alidity of any bond shall remain unimpaired although one or mor e of the officers executing same shall have ceased to be such officer or officers before delivery thereof.

Such bonds may be sold for such price and after such advertisin g as shall be approved and directed by the commiss ioners. Money received from the proce eds of taxes levied for payment of principal of and interest upon such bonds shall be deposited in a special fund of such municipality and designat ed as "Bond and Interest Sinking Fund Account of the Chicago Park District." Said fund shall be faithfully applied t o the payment of the bonds and interest thereon for which such taxes were levied. If such money is not immediately neces sary for the payment of said bonds or if the bonds cannot be purchased before maturity th en said money may be invested under the direction of the c ommissioners in bonds or other interest bearing obligatio ns of the United States or bonds of the State of Illinois. The maturity date of the invested secu rities shall be prior to the due date of the bonds for the payment of which said money was collected. Such securities may be sold when ordered by the c ommissioners if necessary to obtain money to meet bond and interest pay ments. Prior to the maturity of the bonds, after setting aside a sum of money equal to t he amount of interest that will a ccrue thereon within the next 6 months period from th e time it is proposed to purchase and/or redeem any such bonds , or the commissioners may require that said sum of m oney be equal to the amount of interest that will so accrue w ithin the next 12 months period, the treasurer of the park dis trict shall use the money available from the proceeds of taxes l evied for the payment of the bonds fi rst, in the purchase of such bonds at the lowest price obta inable, but not to exceed their par value and accrued int erest, after sealed tenders for such purchase shall have been advertised for as may be directed by the commissioners and thereafter such money shall be used by said official i n calling said bonds for pay ment according to their terms of redemption. Bonds called for payment and paid or purchased shal l be marked paid and cancelled. Whenever any bonds are so purchased and/or redeemed and cancelled, the taxes thereafter to be extended for payment of int erest shall be reduced in the amount of interest that woul d have thereafter accrued upon such bonds so cancelled, and a resolution shall be adopted by the commissioners finding suc h facts and a certified copy thereof shall be filed in the office of the county clerk whereupon it shall be the duty of such official to reduce and extend such taxes in accordance t herewith. The ordinance authorizing said b onds shall prescribe all details thereof and shall provide for the levy and collection of a direct annual tax upon all the taxable property within said Chicago Park District sufficient t o pay the interest upon and the principal of said bonds as th e same become due, which tax shall be in addition to and exclusive of the maximum of all other taxes authorized to be l evied by said park district. A copy of the b ond ordinance duly certified shall be f iled in the office of the County Clerk of Cook County an d shall constitute authority for the extensio n and collection of such bond and interest taxes as requ ired by the constitution.(Source: P.A. 93-338, eff. 7-24-03; revised 7-25-24.) (70 IL

CS 1510/4) (from Ch. 105, par. 333.27) Sec. 4. Money shall be transferred from sa id working cash fund to the general corporate fund only upon the authority of the co mmissioners who shall from time to time by separate resol ution direct the treasurer to make transfers of such sums as m ay be required for the purposes herein authorized. Every res olution shall set forth: (a) The taxes in ant icipation of the collection of which such transfer is to be ma de and from which such working cash fund is to be reimbursed; (b) The entire amount of taxes extended or which such commiss ioners estimate will be extended or received for any year, in anticipation of the collection of all or part of which, such transfer is to be made; (c) The aggrega te amount of warrants theretofore issued in anticipation of the collect ion of such taxes under the provisions of the Warrants and Jurors Certificates Act "An Act to provide for th e manner of issuing warrants upon the treasurer of the state or of any county, township, city, village or other m unicipal corporation and jurors' certificates," approved June 27, 1913, as amended, together with the amount of interest accrued and/or which s uch commissioners estimate will accrue thereon. (d) The aggregate amount of moneys theretofore transfer red from the working cash fund to the general corporate fund in anticipation of the collection of such taxe s. (e) The aggregate amount of receipts from taxes imposed to replace revenue lost by units of local government and school districts as a result of the abolition of ad valorem personal property taxe s, pursuant to Article IX, Section 5(c) of the Constitution of the State of Illinois, which the corporate authorities estimate will be set aside for the payment of the prop ortionate amount of debt service and pension or retirement obligations, as required by Section 12 of the State Revenue Sharing Act "An Act in relation to State Revenue Sharing w ith local government entities", approved July 31, 1969, as amended. The amount wh ich any such resolution shall direct the treasurer so to transfer, in anticipation of the collection of taxes levied or to b e received for any year, together with the aggregate a mount of such tax anticipation warrants theretofore issued aga inst such taxes and the amount of the interest accrued and/ or estimated to accrue on such warrants, the amount estimate d to be required to satisfy debt service and pension or retireme nt obligations, as set forth in Section 12 of the State Revenue Sharing Act "An Act in re lation to State revenue sharing with local government entities ", approved July 31, 1969, as amended, and the aggregate amount of such transfers theretofore made in anti cipation of the collection of such taxes, shall not exceed nin ety per cent of the actual estimated amount of said taxes exten ded and to be extended or to be received as set forth in said resolut ion. To the extent that at any time moneys are available in the wo rking cash fund they shall be transferred to the genera l corporate fund and disbursed for the p ayment of salaries and other corporate expenses so as to avoid whenever possible, the issuance of tax anticipation wa rrants.(Source: P.A. 81-1506; revised 7-18-24.) Section 495. The Havana Regi onal Port District Act is amended by changing Section 17 as follows: (70 ILCS 1805/17) (from Ch. 19, par. 617) Sec. 17. The bonds or certificates shall be sold by the corporate authorities of the Port District in such man ner as the Board determines, except that if issued to bear int erest at the maximum rate permitted in the Bond Autho rization Act "An Act to authorize public cor porations to issue bonds, other evidences of indebtedness a nd tax anticipation warrants subject to interest rate limit ations set forth therein", approved May 26, 1970, as now or h ereafter amended, the bonds shall be sold for not less than par and accrued interest, and except that t he selling price of bonds bearing interest at a rate less than the maximum rate permitted in that Act shall be such that the interest cost to the district of the money rec eived from the bond sale shall not exceed such maximum rate annually comp uted to absolute maturity of such bonds or certificates according to standard tables of bond values. (Source: P.A. 82-902; revised 7-18-24.) Section 500. The Illin ois Valley Regional Port District Act is amended by changing Section 23 as follows: (70 ILCS 1815/23) (from Ch.

19, par. 823)

Sec. 23. The bonds o r certificates shall be sold by the corporate authorities of the Port District in such manner as the Board determines except that if issued to bear interest at the maximum rate permitted in the Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evidenc es of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 2 6, 1970, as now or hereafter amended, the b onds shall be sold for not less than par and accrued interest, and except that the selling price of bonds bearing interest at a rate less than the maximum rate permitted in that Act shall be such that the interest cost to the District of the m oney received from the bond sale shall not exceed such maximum rate annuall y computed to absolute maturity of such bonds or certificates according to standard tables of bond values. (Source: P .A. 82-902; revised 7-18-24.) Section 505. The Jackso n-Union Counties Regional Port District Act is amended by changing Section 9 as follows: (70 ILCS 1820/9) (f

rom Ch. 19, par. 859) Sec. 9. A ll revenue bonds shall be payable solely from the revenue s or income to be derived from the terminals, terminal facilities, airfield s, airports, or port facilities or any part thereof. The bonds may bear such date or dates and may matur e at such time or times not exceeding 40 years from their respe ctive dates, all as may be provided in the ordinance auth orizing their issuance. All bonds, whether revenue or general o bligation, may bear interest at such rate or rates not t o exceed that permitted in the Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations se t forth therein", approved May 26, 1970, as now or hereafter amended. Such interest may be paid semiannually. All such bonds may be in such form, may carry such registration privileges, may be executed in s uch manner, may be payable at such place or places, may be made subject to redemption in such manner and upon such terms, with or without premium as is stated on the face thereof, may be authenticated in such manner and may contain such terms and covenants, all as m ay be provided in the ordinance authorizing issuance. The ho lder or holders of any bonds or interest coupons appertainin g thereto issued by the District may bring civil actions to com pel the performance and observance by the District or any of its officers, agents, or employees o f any contract or covenant made by the District with the hol ders of such bonds or interest coupons and to compel the District and any of its officers, age nts, or employees to perform any duties required to be performed for the benefit of the holders of any such bonds or interest coupons by the provision in the ordinance authorizing their issuance, and to enjoin the District and any of its officers, agents, or emplo yees from taking any action in conflict with any such cont ract or covenant, including the establishment of charges, fees, and rates for the use of facilities as hereinafter provided. Notwithstanding t he form and tenor of any bond, whether revenue or general obligation, and in the absence of any express recital on the fac e thereof that it is nonnegotiable, all such bonds shall be negotiable instruments. Pending the preparati on and execution of any such bonds, temporary bonds may be i ssued with or without interest coupons as may be provide d by ordinance.(Source: P.A. 82-902; revised 7-18-24.) Sect ion 510. The Joliet Regional Port District Act is amended by changing Sections 9 and 10 as follows:

(70 ILCS 1825/9) (from Ch. 19, par.

259) Sec. 9. All revenue bonds shall be payable sol ely from the revenues or income to be derived from the terminals, terminal faci lities, airfields, airports, or port facilities or any p art thereof. The bonds may bear such date or dates and m ay mature at such time or times not exceeding 40 years fr om their respective dates, all as may be provided in the ordin ance authorizing their issuance. All bonds, whether revenue or general obligation, may bear interest at such rate or rate s as permitted in the Bond Authorization Act "An Act to authori ze public corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as now or hereafter amended. Such interest may be paid semiannually. All such bonds may be in such form, may carry such registration privileges, may be executed in such manner, may be payable at such place or places, may be made subject to redemption in such manner and upon such terms, wit h or without premium as is stated on the face thereof, may be authenticated in such manner and may contain such terms and covenants, all as may be provided i n the ordinance authorizing issuance. The holder or holders of any bonds or interest coupons appertaining thereto issued by the District may bring civil actions to compel the performa nce and observance by the District or any of its officers, agents, or employees of any contract o r covenant made by the District with the holders of such bonds or interest coupons and to compel the District and any of its officers, agents, or employees to perform any duties required to b e performed for the benefit of the holders of any such bonds or interest coupons by the provision in the ordinance authorizing their issuance, and to enjoin the District and any of its office rs, agents, or employees from taking any action in conflict with any such contract or covenant includin g the establishment of charges, fees, and ra tes for the use of facilities as hereinafter provided. Notwithstanding the form and tenor of any bond, wheth er revenue or general obligation, and in the absence of any expr ess recital on the face thereof that it is nonnegotiable, all such bonds shall be negotiable instruments. Pending the preparatio n and execution of any such bonds, temporary bonds may be is sued with or without interest coupons as may be provided by ordinance.(Source: P.A. 82-902; revised 7-18-24.)

(70 ILCS 1825/10) (from Ch. 19, par. 260) Sec. 10. All bonds, whether general obligation or reven ue, shall be sold by the Board in such manner as the Board sha ll determine, except that if issued to bear interest at the maximum rate permitted in the Bond Authorization Act "An Act to authorize public corporations to iss ue bonds, other evidences of indebtedness and tax anticipation warrants subjec t to interest rate limitations set forth therein", approved May 26, 1970, a s now or hereafter amended, the bonds shall be sold for not less than par and accrued interest and e xcept that the selling price of bonds bearing interest at a ra te less than the maximum rate permitted in that Act shall be such that the interest cost to the District of the money rec eived from the bond sale shall not exceed such maximum ra te annually computed to absolute matu rity of the bonds according to standard tables of bond values. (Source: P.A. 82-902; revised 7-18-24.) Section 515. The Kaskaskia Regional Port District A ct is amended by changing Sections 22.1 and 23.1 as follows: (70 ILCS 1830/22.1) (from Ch. 19, par. 522.1) Sec. 22. 1. If the Board desi res to issue general obligation bonds it shall adopt an o rdinance specifying the amount of bonds to be issued, the purpose for which they will be issued, the maximum rate of interest they will bear which shall not be more than that permitted in the Bond Authorization Act "An Act to aut horize public corporations to issue bonds, other evidence s of indebtedness and tax anticipation warrants subject to inte rest rate limitations set forth therein", approved May 26, 197 0, as now or hereafter amended. Such interest may be paid semiannually. The ordinance shall also specify the date of maturity which shall not be more than 20 years after the date of issuance. This ordinance shall not be effective until it has been submitted to referendum of, and app roved by, a majority of the legal voters of the District. The Board shall certify its ordinance and the proposition to the proper electio n officials, who shall submit the proposition to the voters at an election in accordance with the general election law. If a majority of the votes cast upon the proposition is in favor of the issuanc e of such general obligation bonds the District is thereafte r authorized to issue and, in accordance with the provisions o f Section 25.1 of this Act, to sell the bonds specified in su ch ordinance and to adopt an ordinance levying an annual ta x against all of the taxable property within the District sufficient to pay the matu ring principal and interest of such bonds and to file a certified copy of both such ordinances in the office of the county clerks of St. Clair, Monroe, and Randolph Counties. Thereafter such county clerks shall annually extend taxes against all the taxable property within the District at the rat e specified in such ordinance levying such taxes. The aggregate amount of principal of general obligation bonds issued under t he provisions of this Section shall not exceed 2.5% of the assessed valuation of all taxable property in the Di strict. The proposition shall be in substanti ally the following form:- Shall general obligation bonds in the amount of $.... be issued by the Kaskaskia YES Regional Port District for the purpose of ...., maturing in not more than . ... years, ------------- bearing not more than ....% i nterest, and a tax levied NO to pay the principal and interest thereof? --------------------------------------------------------(Sour ce: P.A. 82-902; revised 7-18-24.) (70 ILCS 1830/2

3.1) (from Ch. 19, par. 523.1) Sec. 23.1. All revenue bonds shall be payable solely from the revenues or income to be derived from the terminals, termin al facilities, port facilities, aquariums, museums, plane tariums, climatrons, and any other buil ding or facility which the District has the power to acquire, construct, reconstruct, extend, or improve , or any part thereof, may b ear such date or dates and may mature at such time or ti mes not exceeding 40 years from their respect ive dates, all as may be provided in the ordinance auth orizing their issuance. All general obligatio n bonds and revenue bonds ma y bear interest at such rate or rates not to exceed that permitted in the Bond Authorization Act "An Act to authorize pu blic corporations to issue bonds, other evidences of ind ebtedness and tax antici pation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as now or hereaft er amended. Such interest may be paid semiannually. All bonds, whether revenue or general obligations , may be in such form, may carry such registration privileges, may be executed in such manner, may be payable at such place or places, may be made subj ect to redemption in such manner and upon such terms, with or without premium as is stated on the face thereof, may be authenticated in su ch manner and may contain such terms and covenants, all as may be provided in the ordinance authorizing issuance. The ho lder or holders of any bonds or interest coupons appertainin g thereto issued by the District may bring a civil suit to com pel the performance and observance by the District or any of its officers, agents, or employees of a ny contract or covenant made by the District with the holders of such bo nds or interest coupons and to compel the District and any of its officers, agents, or employees to perform any duties required to be performed for the benefit of the holders of any such bonds or interest coupons by the provision in the ord inance authorizing their issuance, and to enjoin the District and any of its officers, agents, or employees from ta king any action in conflict with any such contract or coven ant, including the establishment of charges, fees, and rates for the use of facilities as provided in th is Act. Notwithstanding the form and tenor o f any bond, whether revenue or general obligation, and in the a bsence of any express recital on the face thereof that it is no nnegotiable, all such bonds are negotiable instruments. Pending the preparation and execution of any such bonds, temporary bonds may be issued wi th or without interest coupons as may be provided by ordinance . (Source: P.A. 82-902; revised 7-19-24.)

Section 520. The Mt. Carmel Regional Port District Act is amended by changing Sec tion 12 as follows: (70 ILCS 1835/12)

(from Ch. 19, par. 712) Sec. 12. All r evenue bonds shall be payable solely from the revenues or inco me to be derived from the terminals, terminal facilities, airfields, airport s, port facilities, aquariums, museums, planetariums, climatrons, and any other building or facilities which the District has the power to acquire, construct, reconstruct, extend, or improve, or any part thereof. The revenue bonds may bear such d ate or dates and may mature at such time or times not exceedi ng 40 years from their respective dates, as may be provid ed in the ordinance authorizing their issuance. Both revenue and general obligation bonds may bear interest at such rate or rates as permitted in the Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evidences of indeb tedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as now or hereafter amended, payable semi-annually, as provided in the ordinance authorizing issua nce. All bonds, whether revenue or general obligations, may be in such form, may carry such registration privileges, may be executed in such manner, may be payable at such place or places, may be made subject to redemption in such manner and upon such terms, with or without premium as i s stated on the face thereof, may be authenticated in such manner and may contain such terms and covenants as provided in the ordinance au thorizing issuance. The holder or holders of a ny bonds or interest coupons attached thereto issued by the D istrict may bring suit to compel the performance and observa nce by the District or any of its officers, agents, or employees of any contract or covenant m ade by the District with the holders of such bonds or interest coupons and to compel the Dis trict and any of its officers, agents, or employees to perform any duties required to be performed for the benefit of the holders of any such bonds or interest co upons by the provision in the ordinance authorizing their issuance, and to enjoi n the District and any of its officers, agents, or employees from taking any action in conflict with a ny such contract or covenant, including the establishment of c harges, fees, and rates for the use of facil ities. Notwithstanding the form and tenor of any bond, whether revenue or general obligation, and in the abs ence of any express recital on the face thereof that it is nonnegotiable, all such bonds shall be negotiable instruments. Pen ding the preparation and execution of any such bonds, t emporary bonds may be issued with or without interest coup ons as provided by ordinance.(Source: P.A. 82-902; revised 7-19-24.) Section 525. The Shawneetow n Regional Port District Act is amended by changing Section 9 as follows: (70 ILCS 1850/9) (from C

h. 19, par. 409) Sec. 9. All revenue bonds shall be payable solely from the revenues or income to be derived from the ter minals, terminal facilities, airfields, airports, or port facilities or any part thereo f. The bonds may bear such date or dates and may mature at such time or times not exceeding 40 years from their r espective dates, all as may be provided in the ordinance autho rizing their issuance. All bonds, whether revenue or general obligation, may bear interest at such rate or rates as permi tted in the Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26 , 1970, as now or hereafter amended. Such interest may be paid se miannually. All such bonds may be in such form, may carry such registration privileges, may be executed in such manner, may be payable at such place or places, may be made subject to redemption in such manner and upon such terms, wit h or without premium as is stated on the face thereof, may be authenticated in such manner and may contain such terms and covenants, all as may be provided i n the ordinance authorizing issuance. The holder or holders of any bonds or interest coupons appertaining thereto issued by the District may bring civil actions to compel the performa nce and observance by the District or any of its officers, agents, or employees of any contract o r covenant made by the District with the holders of such bonds or interest coupons and to compel the District and any of its officers, agents, or employees to perform any duties required to b e performed for the benefit of the holders of any such bonds or interest coupons by the provision in the ordinance authorizing their issuance, and to enjoin the District and any of its office rs, agents, or employees from taking any action in conflict with any such contract or covenant, includi ng the establishment of charges, fees, and r ates for the use of facilities as hereinafter provided. Notwithstanding the form and tenor of any bond, whet her revenue or general obligation, and in the absence of any exp ress recital on the face thereof that it is nonnegotiable, all such bonds shall be negotiable instruments. Pending the preparati on and execution of any such bonds, temporary bonds may be i ssued with or without interest coupons as may be provide d by ordinance.(Source: P.A. 82-902; revised 7-19-24.) Sect ion 530. The Southwest Regional Port District Act is amen ded by changing Sections 10 and 11 as follows: (70 ILCS 1855/10) (from Ch. 19,

par. 460) Sec. 10. If the Board desires to issue ge neral obligation bonds it shall adopt an ordinance specifying the amount of bon ds to be issued, the purpose for which they will be issued, the maximum rat e of interest they will bear which shall not be more tha n that permitted in the Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anti cipation warrants subject to interest rate limitations set fo rth therein", approved May 26, 1970, as now or hereafter amended. Such interest m ay be paid semiannually. The ordinance shall also specify the date of maturity which shall not be more than 20 years after the date of issuance. This ordinance shall not be effective until it has been submitted to referendum of, and approved by, a majority of the legal voters of the District. The Board shall certify its ordinance and the proposition to the proper election offi cials, who shall submit the proposition to the voters at an election in accordance with the general election l aw. If a majority of the votes cast upon the proposition is in favor of the issuance of such g eneral obligation bonds the District shall thereafter be au thorized to issue and, in accordance with the provisions of Sec tion 13 of this Act, to sell the bonds specified in such ordina nce and to adopt an ordinance levying an annual tax against all of the taxable property within the District sufficient to pay the maturing principal and interest of such bonds and to file a certified copy of both such ordinances in the office of the county clerk of St. Clair County. Thereafter, the county clerk shall annually extend taxes against all the taxable property within the District at the rate specified in such ordinance levying such taxes. The aggregate amount of principal of gener al obligation bonds issued under the provisions of this Section section of this Act shall not exceed 2.5% of the assessed valuation of all taxable property in the District. The proposition shall be in substantially the following for m:---------------------------------- Shall general obligat ion bonds in the amount of $.... be issued YES by the Southwest Regional Port District for the purpose of ...., maturing in not more than .... years, ---------- b earing not more than ....% interest, and a tax levied to pay t he principal NO and interest thereof? ----------------------(Source: P.A. 82-902; revised 7-24-24.) (70 ILCS 1855/11) (from Ch.

19, par. 461) Sec. 11. All revenue bonds shall be payable s olely from the revenues or income to be derived from the ter minals, terminal facilities, airfields, airports, port fa cilities, aquariums, museums, planetariums, climatrons, and any other building or facility which the District has the power to acquire, constru ct, reconstruct, extend, or improve, or any part thereof. T he bonds may bear such date or dates and may mature at s uch time or times not exceeding 40 yea rs from their respective dates, all as may be provided in the ordinance authorizing thei r issuance. All general obligati on bonds and revenue bonds may bear interest at such rate or rates as permitted in the Bond Authorization Act

"An Act to authorize public corporat ions to issue bonds, other evidenc es of indebtedness and t ax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as now o r hereafter amended. Such interest may be paid semiannually. All bonds, whether revenue or genera l obligations, may be in such form, may carry such registration privileges, may be executed in such manner, may be payable at such place or places, m ay be made subject to redemption in such manner and upon su ch terms, with or without premium as is stated on the face thereof, may be auth enticated in such manner, and may cont ain such terms and covenants, all as may be provided in the ordinance authorizi ng issuance. The holder or holders of any bonds or interest coupons appertaining thereto issued by the Di strict may bring civil actions to compel the performance a nd observance by the District or any of its officers, agents, or employees of any contract or coven ant made by the District with the holders of such bonds or interest coupons and to compel th e District and any of its officers, agents, or employees to perform any duties required to be perfo rmed for the benefit of the holders of any such bonds or intere st coupons by the provision in the ordinance authorizing their is suance, and to enjoin the District and any of its of ficers, agents, or employees from taking an y action in conflict with any such contract or covenant, inclu ding the establishment of charges, fees, and rates for the use of facilities as hereinafter provided. Notwithstanding the form and tenor of an y bond, whether revenue or general obligation, and in the absence of any express re cital on the face thereof that it is nonnegotiable, all such bonds shall be negotiable instruments. Pending the preparati on and execution of any such bonds, temporary bonds may be i ssued with or without interest coupons as may be provide d by ordinance.(Source: P.A. 82-902; revised 7-24-24.) Sect ion 535. The America's Central Port District Act is amend ed by changing Section 8 as follows: (70 IL

CS 1860/8) (from Ch. 19, par. 291) Sec. 8. The District has the continuing power to bor row money and issue either general obligation bonds, after approval by referend um as hereinafter provided, or revenue bonds without referendum approval fo r the purpose of acquiring, constructing, reconstructing , extending, or improving terminals, t erminal facilities, airfields, airports, an d port facilities, and for acquiring any property and equipm ent useful for the construction, reconstruction, extension, i mprovement, or operation of its termin als, terminal facilities, airfields, airports, and port facilities, and for acquiring necessary working cash funds. The District may, pursuant to ordinance adopted by the Board and without submitting the question to referendum, from time to time issue and dispose of its interest bearing revenue bonds and may also in the same manner from time to time issue and dispose of its interest bearing revenue bonds to refund any revenue bonds at maturity or pursuant to redemption prov isions or at any time before maturity with the consent of the holders thereof. If the Board desires to issue general obligation b onds it shall adopt an ordinance specifying the amount of b onds to be issued, the purpose for which they will be issued, the maximum rate of interest they will bear which shall not be gr eater than that permitted in the Bond Authorization Act "An Act to authorize public corporations to issue b onds, other evidences of indebtedness and tax anticipat ion warrants subject to interest rate limitations set forth therein", appr oved May 26, 1970, as now or hereafter amended. Such interest may be paid semiannually. The ordinance shall also specify the date of ma turity which shall not be more than 20 years after the date of issuance, and levying a tax that will be required to a mortize such bonds. This ordinance is not effective until it ha s been submitted to referendum of, and approved by, the legal voters of the District. The Board shall certify the ordinanc e and the question to the proper election officials, who shall submit the question to the voters at an election in acc ordance with the general election law. If a majority of the vote is in favor of the issuance of t he general obligation bonds the county clerk shall annually ex tend taxes against all taxable property within the District at a rate sufficient to pay the maturing principal and interest of these bonds. The question shall be in substantially the following for m:----------------------------------- Shall general obliga tion bonds in the amount of $.... be issued YES by America's Central Port District for the purpose of .... - maturing in not more than ..... years, bearing not more than ....% NO i nterest, and a tax levied to pay the principal and inter est thereof? -----------------------------------------------------(Source: P.A. 98-854, eff. 1-1-15; revised 7-2 4-24.) Section 540. The Waukegan Port Di strict Act is amended by changing Section 9 as follows:

(70 ILCS 1865/9) (from Ch.

19, par. 187)

Sec. 9. All revenue bonds shall be payable solely from the revenues or income to be derived from th e terminals, terminal facilities, airfields, airports, or port facilitie s or an y part thereof. The Bonds may bear su ch date or dates and may mature at such time or times not exceeding 40 years from thei r respective dates, all as may be provided in the ordinanc e authorizing their issuance. All bond s, whether revenue or general obligation, may bear in terest at such rate or rates not to exce ed that permitted in the Bond Authoriz ation Act "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved Ma y 26, 1970, as now or hereafter amended. Such interest may be pa id semiannually. All such bonds may be in such form, may carry such registration privileges, may be executed in s uch manner, may be payable at such place or places, may be made subject to redemption in such manner and upon such terms, with or without premium as is stated on the face thereof, may be authenticated in such manner, and may contain such terms and covenants, all as may be provided in the ordinance authorizing issuance. The holder or holders of any bonds or interest coupons appertaining thereto issued by the District may bring civil actions to compel the performance and observance by the District or any of its officers, agents, or employees of any contract or covenant made by the D istrict with the holders of such bonds or interest coupons and to compel the District and any of its officers, agents, or employees to perform any duties required to be performed for the ben efit of the holders of any such bonds or interest coupons by the provision in the ordinance authorizing their issuance, and to enjoin the District and any of its officers, agents , or employees from taking any action in conflic t with any such contract or covenant, including the estab lishment of charges, fees, and rates for t he use of facilities as hereinafter provided. Notwithstanding the form and tenor of any bond, whether revenue or general obligation, and in the absence of any express recital on the fac e thereof that it is nonnegotiable, all such bonds shall be negotiable instruments. Pending the preparati on and execution of any such bonds, temporary bonds may be i ssued with or without interest coupons as may be provide d by ordinance.(Source: P.A. 82-902; revised 7-24-24.) Sect ion 545. The White County Port District Act is amended by changing Section 17 as follows: (70 ILCS 1

870/17) (from Ch. 19, par. 767) Sec. 17. The bonds or certificates shall be sold by the corporate authorities of the Port District in such manner as the Board determi nes, except that if issued to bear interest at the maximum rate permitted i n the Bond Authorization Act "An Act to authorize public corporations to issue bon ds, other evidences of indebtedness and tax anticipation warra nts subject to interest rate limitations set forth therein", approved May 26, 1970, as now or hereafter amended, the bonds shall be sold for not less than par and ac crued interest, and except that the s elling price of the bonds bearing interest at a rate less than the maximum rate permitted in that Act shall be such that the interest cost to the district of the money re ceived from the bond sale shall not exceed such maximum rate annually computed to absolute maturity of such bonds or certificates according to standard tables of bond values.(Sourc e: P.A. 82-902; revised 7-26-24.) Section 550. The Ri ver Conservancy Districts Act is amended by changing Section 11 as follows: (70 ILCS 2105/11) (from Ch. 42, par

. 394) Sec. 11.

(1) The board of tr ustees of a conservancy district incorporated under this Act may acquire, by gift, purchase, or lease, land or an y of the facilities enumerated below, and may construct, devel op, operate, extend, and improve such facili ties: (a) Dams and reservoi rs for water storage, water wells, water purification works, pumping stations, conduits, pipe lines, regulating works, and all appurtenances required for the pr oduction and delivery of adequate and pure water to incorporated cities and villages, corporations, and persons in unincorporated areas within or without the borders of the conservancy district. The board is empowered and l egally obligated to build, operate, and maintain suc h water facilities, to adopt and enforce ordinances for the protection of water sources, and to sell water to the incorporate d cities and villages and the corporations and persons in unincorporated areas by meter measurements and at ra tes that will at least defray all fixed, maintenance and operating expenses. (b) Sewage treatment plants, collec tor, interceptor, and outlet sewers, force mains, conduits, lateral sewers, and extensions, pumping stations, ejector stations, and all other appurtenances, extensions, or improvements neces sary or useful and convenient for the sanitary collecti on, treatment, and disposal of sewage and industria l wastes. The board may prohibit and disconnect storm water drains and outlets where necessary to relieve existing sanitary s ewers of storm water loads in order to assure the e fficient and sanitary collection, treatment, and disposal of sewage and i ndustrial wastes. The board is empowered and legally ob ligated to establish rates and charges for the services of any such sewerage facilities that at least defray all fixed, maintenance, and operating expenses. (c) Lodges, cottages, trailer courts, and camping groun ds, marinas and related facilities for the ac commodation and servicing of boats, tennis courts, swimm ing pools, golf courses, skating rinks, skeet ranges, playgrounds, stables, bridle paths, and athletic fields, picnic grounds and parking areas, convention and e ntertainment centers, and other related buildings and facilities for the acco mmodation and recreation of persons visiting the reservo irs owned by the district or from which it is drawing a supply of water. Any such facilities, when acquir ed, may be leased by the board to a responsible pe rson, firm, or corporation for operation over a period no t longer than 20 years from the date of the lease, or the board may lease, for a period not longer than 50 years fro m the date of the lease, land to a responsible person, fi rm, or corporation for development for any of the foregoing recreational purposes and may grant to such person, fi rm, or corporation the right, at the o ption of the person, firm, or corporatio n, to extend the lease for a period not longer than 50 years from the expiration of the origina l lease. If the board determines to operate any such recreational facilities, it shall establish for the revenue-producing facilities rates and charges wh ich at least defray all fixed, maintenance, and operating expenses. (2) The board of tru stees of the Rend Lake Conservancy District may acquire , by gift, purchase, or lease, land or f acilities specified below, and may construct, develop, operate, extend, and improve such facilities: Industrial projects con sisting of one or more buildings and other structures, improvements, machinery, and equipment su itable for use by any manufacturing, industrial, research, or commercial enterprise and any other im provements necessary or convenient thereto. Any such fac ilities, when acquired, may be leased for operation for a period not longer than 20 years after the date of the commencement of the le ase, or the board may lease, for a period not longer than 50 years after the date of the commencement of the lease, land to a responsi ble person, firm, or corporation for dev elopment of any of the foregoing industrial projects and may grant to such person, firm or corporation the right, at th e option of the person, firm or corporation, to ext end the lease for a period n ot longer than 50 years from the date of expiration of the original lease. If the board decides to operate any such industrial projec ts, it shall establish for the revenue producing facilit ies rates and charges which will at least defray all fixed, maintenance, and operat ing expenses. However, nothing in Public Act 83 -785 this amendatory Act of 1983 shall permit the Rend Lake Conservancy District to acquire, purchase, lease, construct , develop, operate, or extend a facility fo r the purpose of mining coal. (3) For the pur pose of developing, operating, or financing the cost of any su ch facilities under subsection (1) or (2), the authorized boar d may combine into one system any 2 or more such facilities and may use or pledge the revenues derived from one to pay f or the other. Further, for such purposes, the authorized boa rd shall have the express power to execute a note or notes a nd to execute a mortgage or trust deed to secure the payment of such notes; such trust deed or mortgage shall cover re al estate, or some part thereof, or personal property ow ned by the District and the lien of the mortgage shall ap ply to the real estate or personal property so mortgaged by the District, and the proceeds of the note or notes may be used for the purposes set forth in this Section. For purposes of this Section, the authorized board shall not execute notes bearing a rate of interest that exceeds the rate permitted in the B ond Authorization Act "An Act to authorize public corpo rations to issue bonds, other evidences of indebtedness and tax anti cipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as now or hereafter am ended.(Source: P.A. 83-785; r evised 7-29-24.) Section 555. The Sanitary District Act of 1907 is amended by changing Section 16.2 as follows: (70 ILCS

2205/16.2) (from Ch. 42, par. 262.2) Sec. 16.2. All bonds issued pursuant to this Act shall bear interest at a rate or rates not exceeding t hat permitted by the Bond Author ization Act "An Act to authorize pu blic corporations to issue bonds, other evidences of indebtedn ess and tax anticipation warrants subject to interest rate limitations set forth therei n", approved May 26, 1970, as amended.(Source: P.A. 83-591; revised 7-31- 24.) Section 560. The North Shore Water Reclamation District Act is amended by changing Sections 9.1 and 22 as follows: (70 ILCS 2305/9.1)

(from Ch. 42, par. 285.1) Sec. 9.1. All bonds issued pursuant to this Act shall bear interest at a rate or rates not exceeding that permitted by the Bond Authorization Act "An Act to authorize public corporati ons to issue bonds, other evidences of indebtedness and tax an ticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as amended.(Source: P. A. 83-591; revised 7-31-24.)

(70 ILCS 23

05/22) (from Ch.

42, par. 296.2) Sec. 22. When any special assessment is made under this Act, the ordi nance authorizing such assessment may provide that the entire assessment an d each individual assessment be divided into annual installments, not more than 20 twenty in numb er. In all cases such division shall be made so that all installments shall be equal in amount, except that all f ractional amounts shall be added to the first installment so as to leave the remaining installm ents of the aggregate equal in amount and each a multiple of $100. The sa id several installments shall bear interest at a rate not to exceed that permitted for public corporation bonds under the Bon d Authorization Act "An Act to au thorize public corporations to issue bonds, other evidence s of indebtedness and tax anticipati on warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as now or hereafter a mended, except that for the purposes of this Section, "the time the contract is made" shall mean th e date of adoption of the original ordinance authorizing the assessment; both principal and interest shall be payable, collected, an d enforced as they shall become due in the manner provided fo r the levy, payment, collection, and enforcement of such assessments and interest, as provided in Divisions 1 and 2 of Article 9 and Division 87 of Article 11 of the "Illinois M unicipal Code", approved May 29, 1961, as heretofo re or hereafter amended.(Source: P .A. 83-1525; revised 7-31-24.) Section 565. The Sanitary District Act of 1917 is amended by changing Sections 3, 8.2 , 16.3, and 20 as follows: (70 ILC

S 2405/3) (from Ch. 42, par. 301) Sec. 3. Board of trustees; creation; term. A board of trustees shall be created, consisting of 5 members in any sanitary district which includes one or more municipalities with a population of over 90,000 but less than 500,000 accor ding to the most recent Federal census, and consisting of 3 members in any other district. However, the board of trustees for the Fox Ri ver Water Reclamation District, the Sanitary District of Decatur, and the Northern Moraine Wastewater Reclamation District shall each consist of 5 memb ers. Each board of trustees shall be created f or the government, control, and management of the affairs and business of each sanitary district organized under this Act and shall b e created in the following manner: (1) If the district's corporate boundaries are located wholly within a single county, the presiding officer of the county board, with the advic e and consent of the county board, shall appoint the trustees for the district;

(2) If the district's corporate boundaries are located in more than one county, the members of the G eneral Assembly whose legislative districts encompass any portion of the district shall appoint the trustees for the d istrict. In any sanitary district whi ch shall have a 3-member 3 member board of trustees, within 60 days after the adoption of such act, the appropriate appointing authority shall appoint three trustees not more than 2 of whom shall be from one incorporated city, town, or village in districts in which are includ ed 2 or more incorporated cities, towns, or villages, o r parts of 2 or more incorporated cities, towns, o r villages, who shall hold their office respectively for one 1, 2, and 3 years, fro m the first Monday of May next after their appointment a nd until their successors are appointed and have qual ified, and thereafter on or before the second Monday in April of each year the appropria te appointing authority shall appoint one trustee whose term shall be for 3 years commencing the first Monday in May of the year in which he is appointed. The length of the term of the first trustees shall be determined by lot at their first meeting.

In the case of any sanitary district created after January 1, 1978 in whi ch a 5-member 5 member boa rd of trustees is required, the appropriate appointing author ity shall appoint 5 trustees, one of whom shall hold offi ce for one year, two of whom shall hold office for 2 years, and 2 of whom shall h old office for 3 years from the first Monday of May next after their respective ap pointments and until their successors are appointed and have qualified. Thereaf ter, on or before the second Monday in April of each year the appropriate appointing authority shall appoint one trustee or 2 trustees, as shall be necessary to maintain a 5-member 5 member board of trustees, whose terms shall be for 3 years commenc ing the first Monday in May of the year in which they are resp ectively appointed. The length of the terms of the first truste es shall be determined by lot at their first meeting. In any sanitary district created prior to Ja nuary 1, 1978 in which a 5-member 5 member board of trustees is requir ed as of January 1, 1978, the two trustees already serving terms which do not expire on May 1, 1978 shall co ntinue to hold office for the remainders of their respective te rms, and 3 trustees shall be appointed by the appropriate app ointing authority by April 10, 1978 and shall hold office for terms beginning May 1, 1978. Of the three new trustees, on e shall hold office for 2 years and 2 shall hold office for 3 years from May 1, 1978 and until their successors are appo inted and have qualified. Thereafter, on or before the second M onday in April of each year the appropriate appointing authorit y shall appoint one trustee or 2 trustees, as shall be necessary to maintain a 5-member 5 member board of trustees, whose ter ms shall be for 3 years commencing the first Monday in May of the year in which they are respectively appointed. The lengths of the terms of the trustees who are to hold off ice beginning May 1, 1978 shall be determined by lot at th eir first meeting after May 1, 1978. No more than 3 members of a 5-member 5 member board of trustees ma y be of the same political party; except that in any sanit ary district which otherwise meets the requirements of this Section and which lies within 4 counties of the State of Illinois or, prior to April 30, 2008, in the Fox River Water Reclamation District; the appointments of the 5 members of the board of trustees shall be made without regard to politi cal party. Beginning with the appointments made on April 30, 2 008, all appointments to the board of trustees of the Fox Rive r Water Reclamation District shall be made so that no more tha n 3 of the 5 members are from the same political party. Beginning with the 2021 municipal election, the board of trustees of the Fox Metro Water Reclama tion District shall be elected as provided in this paragraph. T he election of trustees shall be in accordance with Section 2A -1.1 of the Election Code. Any board member serving on August 23, 2019 (the effective date of Public Act 101-523) this amendatory Act of the 101st General Assembly whose term does not expi re in 2021 shall serve until his or her successor is elected and qualified. The board of trustees of the Fox Metro Water Rec lamation District shall: on or before January 1, 2020, divide the Fox Metro Water Reclamation District into 5 trustee distr icts and assign the trustee districts to reflect the results of the most recent federal decennial census; and thereafter, i n the year following each decennial census, redistrict the trus tee districts to reflect the results of the most recent cen sus. The board of trustees shall consist of 1 elected trustee in each trustee district. A petition for nomination for election of a tr ustee of the Fox Metro Water Reclamation District shall c ontain at least 100 signatures of registered voters residing w ithin the Fox Metro Water Reclamation District. The tru stees shall be elected for staggered terms at the election as pro vided by the Election Code. Two trustees shall be elected at the 202 1 election, and 3 trustees shall be elected at the following consolidated election. Elected trustees shall tak e office on the first Tuesday after the first Monday in the month followi ng the month of their election and shall hold their offices for 4 years and until their successors are elected and qualified. If a vacancy occurs before the 2021 election on the board of trustees of the Fox Metro Water Reclamation Distr ict: (i) the District Manager shall, no later than 7 days from the date of the vacancy, notify the State legislator s representing any portion of the District, publish notif ication of the vacancy on the District's website, and send noti fication of the vacancy to local newspapers, radio stations, and television stations; (ii) each notification published or sent shall contain instructions on how to apply to the D istrict Manager for the vacant trustee position; (iii) applica tions for the vacancy shall be accepted for at least 3 0 days after the date the notification of the vacancy wa s published and sent; (iv) applications for the vacancy shal l include a letter of interest and resume; (v) once the applicat ion period has closed, the District Manager shall forwar d all applications received to the State legislators notif ied of the vacancy in item (i); (vi) the President of the board of trustees and the District Manager shall hold a pub lic meeting with the State legislators notified of the vacancy to review all applications and, by unanimous vote of all S tate legislators representing any portion of the District, sel ect a candidate to fill the trustee vacancy; and (vii) the boa rd of trustees shall appoint the selected candidate at the next board of trustees meeting. If a vacancy exists after the 2021 election on the board of trustees of the Fox Metro Water Reclamation District, the vacancy shall be filled by appointment by the president of the board of trustees, wi th the advice and consent of the members of the board of trus tees, until the next regular election at which trustees of t he district are elected, and shall be made a matter of record in the office of the county clerk in the county where the dis trict is located; for a vacancy filled by appointment, the portion of the unexpired term remaining after the nex t regular election at which trustees of the district are ele cted shall be filled by election, as provided for in this par agraph. Within 60 days after the release of Federal census statistics showing that a sanitary district h aving a 3-member 3 member board of trustees contains one or more municipal ities with a population over 90,000 but less than 500,000, o r, for the Northern Moraine Wastewater Reclamation District, wi thin 60 days after September 11, 2007 (the effective date of Public Act 95-608) this amendatory Act of the 95th General Asse mbly, the appropriate appointing authority shall a ppoint 2 additional trustees to the board of trustees, one to hold office for 2 years and one to hold office for 3 years fr om the first Monday of May next after their appointment and unti l their successors are appointed and have qualified. The l engths of the terms of these two additional members shall be d etermined by lot at the first meeting of the board of trustees held after the additional members take office. The three tru stees already holding office in the sanitary district shall continue to hold office for the re mainders of their respective terms. Thereafter, on or before the second Monday in April of each year the appropriate appointing authority shall appoin t one trustee or 2 trustees, as shall be necessary to maintain a 5-member 5 member boar d of trustees, whose terms shall be for 3 years commencing th e first Monday in May of the year in which they are respectively appointed. If any sanitary district having a 5-member 5 member board of trustees shall cease to contain one or mor e municipalities with a population over 90,000 but less th an 500,000 according to the most recent Federal census, then, f or so long as that sanitary district does not contain one o r more such municipalities, on or before the second Monday in A pril of each year the appropriate appointing authority shall appoint one trustee whose term shall be for 3 years comme ncing the first Monday in May of the year in which he is appointed. In districts which include 2 or more incorporated ci ties, towns, or villages, or parts of 2 or more incorporated ci ties, towns, or villages, all of the trustees shall not be fro m one incorporated city, town or village. I f a vacancy occurs on any board of trustees, the appropriate appointing authority shall within 60 days appoint a trustee who shall hold office for the remainder of the vacated t erm. The appointing authority shall require each of the trustees to enter into bond, with secur ity to be approved by the appointing authority, in such sum as the appointing authority may determine. A majority of the board of trustees shall constit ute a quorum but a smaller number may adjourn from day to day. No trustee or employee of such district shall be directly or indirectly interested in any contract, work or busi ness of the district, or the sale of any article, the expen se, price, or consideration of which is pa id by such district; nor in the purchase of any real estate or property belonging to the district, or which shall be sol d for taxes or assessments, or by virtue of legal process at t he suit of the district. Provided, that nothing herein shall be construed as prohibiting the appointment or selection of any person as trustee or employee whose only intere st in the district is as owner of real estate in t he district or of contributing to the payment of taxes levied by the district. The trustees shall have the power to pro vide and adopt a corporate seal for the district. Notwithstanding any other provision in this Section, in any sanitary distric t created prior to November 22, 1985 (the effective date of Public Act 84-1033) this amendatory Ac t of 1985, in which a 5-member five member board of tru stees has been appointed and which currently includes one or mo re municipalities with a population of over 90,000 but less than 500,000, the bo ard of trustees shall consist of five members. Except as otherwise provided for vacancies, in the e vent that the appropriate appointing authority fails to appoin t a trustee under this Section, the appropriate appointi ng authority shall reconvene and appoint a successor on or before July 1 of that year.(Source: P.A. 101-523, eff. 8-23-19; revised 7- 31-24.) (70 ILCS 2405/8.2) (from Ch. 42, p

ar. 307.2) Se c. 8.2. All bonds issued pursuant to this Act sh all bear interest at a rate or rates not exceeding that permitted by the Bond Authorization Act "An Act to authorize public corporations to issue bo nds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as amended.(Source: P.A. 83-591; revised 7-19-24 .) (70 ILCS 2405/16.3) (from Ch. 42, par. 315.3) Sec. 16.3. The trustees of any district, havi ng been authorized by an election held pursuant to the precedin g Section, being desirous of exerci sing such authority, shall have an estimate made of the cost of the acquisition of the contemplated waterworks, and by ordinance shall provi de for the issuance of revenue bonds. The ordinance shall set forth a brief description of the contemplated water works, the estimated cost of acquisition or construction thereof, the amount, rate of interest, time and place of payment, and other details in connection with the issu ance of the bonds. The bonds shall bear interest at a rate not exceeding that permitted by the Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax a nticipation warrants subject to inte rest rate limitations set forth therein", approved May 26, 1970, as amended, payable semi-annu ally, and shall be payable at such times and places not exceeding 20 years from their date as shall be prescribed in the ordinance providing for their issuance. This ordinance may conta in such covenants and restrictions upon the issuance of a dditional revenue bonds thereafter as may be deemed necessar y or advisable for the assurance of payment of the bonds the reby authorized and as may be thereafter issued, and shall p ledge the revenues derived from the operation of the waterworks for the purpose of paying all maintenance and operati on costs, principal, and interest on all bonds issued under the provisions of this Act, and for providi ng an adequate depreciation fund, which depreciation fund is hereby defined for the purposes of this Act to be fo r such replacements as may be necessary from time to time for the continued effective and ef ficient operation of the waterworks properties of such district, and such fund shall not be allowed to accumulate beyo nd a reasonable amount necessary for that purpose, the terms an d provisions of which shall be incorporated in the ordinance authorizing the iss uance of the bonds.(Source: P.A. 83-59 1; revised 7-19-24.) (70 ILCS 2405/20) (from Ch. 42, par.

317b) Sec. 20. When any special a ssessment is made under this Act, the ordinance author izing such assessment may provide that the entire assessment a nd each individual assessment be divided into annual installme nts, not more than 20 twenty in num ber. In all cases such division shall be made so that all i nstallments shall be equal in amount, except that all fracti onal amounts shall be added to the first installment so as to leave the remaining installments of the aggregate equal in amoun t and each a multiple of $100 o ne hundred dollars. The said several instal lments shall bear interest at a rate not to exceed that permitt ed for public corporation bonds under the Bond A uthorization Act "An Act to authorize pu blic corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations s et forth therein", approved May 26, 1970, as now or hereafter amended, except that for the purpose s of this Section, "the time the contract is made" shall mean the date of adoption of the or iginal ordinance authorizing the assessment; both principal and interest shall be payable, collected, and enforced as they shall become due in the manner provided for the levy, payment, collection, and enforcement of such assessments and interest, as provided in Article 9 and Division 87 of Article 11 of the "Illinois Municipal Code," as heretofore and hereafter amended.(Source: P.A. 83-1525; revised 7-19-24.)

Section 570. The Metropolitan Water Rec lamation District Act is amended by changing Sections 9b, 9d, 9.6, and 10 .1 as follows: (70 ILCS 2605/9b) (from Ch. 42, par. 328b) Sec. 9b. From and after April 1, 1958, the corporate authorities of an y such sanitary district may by ordinance, establish a fund to be known as a "corporate working cash fund" which shall be maintained and admini stered in the manner provided by this Act for the purpose of enabling said corporate authorities to have in the treasury at all times s ufficient money to meet demands thereon for ordinary an d necessary expenditures for corporate purposes. The corporate authorities may inc ur an indebtedness and issue bonds therefor in an amount, whe n added to (a) proceeds from the sale of bonds previously issued to create or increase the working cash fund (b) any amounts collected from the corporate working cash levy and (c) amounts transferred from the construction working cash fund, will n ot exceed 90% of the amount produced by multiplying the maxim um corporate tax rate permitted under this Act by the last known equalized assessed valuati on of all property within the territorial boundaries of the sanitary district at the time any bonds are issued plus 90% of the last known entitlement of such district to such taxes as by law now or he reafter enacted or amended, imposed by the General Assembly of the State of Illinois to replace revenue lost by units of loc al government and school districts as a result of the abo lition of ad valorem personal property taxes, pursuant to Article IX, Section 5(c) of the Constitution of the Sta te of Illinois. The bonds shall mature within 20 years fro m the date of issuance and shall bear interest at a rate or rates not exceeding that permitted by the Bond Autho rization Act "An Act to authorize public corporations to issue bonds, other evidences of indebtedness a nd tax anticipation warrants subject to interest rate lim itations set forth therein", approved May 26, 1970, as amende d. In order to authorize and iss ue such bonds, the corporate authorities shall adopt an ordina nce designating the purpose and fixing the date and the amount of the bonds proposed to be issued, the maturity thereof, the rate of interest thereon, place of payment and denomination, and provide for the levy and collection of a direct annual tax upon all the taxable property of the sanitary district sufficie nt to pay and discharge the principal thereof at maturity, an d to pay the interest thereon as it falls due. Upon the fili ng in the office of the county clerk of the county where the sa nitary district is located of a certified copy of any such o rdinance, the county clerk shall extend the tax therein provid ed for. Said bonds may be issued by the corpo rate authorities without submitting the question of issuance to the le gal voters of such sanitary district for approval. Before or at t he time of issuing said corporate working cash fund bonds the corporate authorities shall, by ordinance provide for the collection of a direct annual tax upon all the taxable property o f the sanitary district sufficient to pay and discharge th e principal thereof at maturity, and to pay the interest ther eon as it falls due. Upon the filing in the office of the count y clerk of the county where the sanitary district is located of a certified copy of any such ordinance, the county clerk shall extend the tax therein provided for. All moneys derived from the issuance of said corporat e working cash fund bonds pursuant to this Amendatory Act of 1957, when received by the treasurer of the district, shall be set apart in the corporate working cash fund. The moneys in su ch fund shall not be regarded as current assets available for appropriation and shall not be appropriated by the corporate authoriti es in the annual sanitary district budget, but in orde r to provide moneys with which to meet ordinary and neces sary disbursements for salaries and other corporate purposes may be transferred, in whole or in part, to the corporate fu nd of the sanitary district and so disbursed therefrom in anti cipation of the collection of any taxes lawfully levied for cor porate purposes or in the anticipation of the receipt of suc h taxes, as by law now or hereafter enacted or amended, impo sed by the General Assembly of the State of Illinois to repla ce revenue lost by units of local government and school dist ricts as a result of the abolition of ad valorem personal prope rty taxes, pursuant to Article IX, Section 5(c) of the Constitution of the Sta te of Illinois. Moneys transferred to the corporate fun d in anticipation of the collection of taxes shall be deeme d to have been transferred in anticipation of the collection of that part of the taxes so levied which is in excess of the amount or amounts thereof required to pay any warrants or no tes, and the interest thereon theretofore or thereafter issued, and such taxes levied for corporate purposes when col lected shall be applied first to the payment of any such warran ts or notes and the interest thereon and then to the reim bursement of the corporate working cash fund as hereinaft er provided. Upon the receipt by the treasurer of the san itary district of any taxes in anticipation of the collec tion or receipt whereof moneys of the corporate working cash f und have been so transferred for disbursement, such fund shall immediately be reimbursed therefrom until the full am ount so transferred has been retransferred to said fund. If the taxes in anticipation of the collection of which such tra nsfers are made are not collected in sufficient amounts to effe ct a complete reimbursement of the working cash fund within the second budget year following the year in which said tra nsfer was made, of the amounts transferred from the c orporate working cash fund to the corporate fund, the deficien cies between the amounts thus transferred and the amounts repaid from collection shall be general obligations of the co rporate fund until repaid either from taxes in anticipation of which transfers were made or from appropriations which ma y be made in the annual sanitary district budgets of sums of mo ney to apply on such general obligations or until repaid f rom both the taxes in anticipation of which such transfers wer e made and from appropriations which may be made in the annual sanitary district budgets of sums of money to apply on such gen eral obligations. Moneys shall be transferr ed from the corporate working cash fund to the corporate fund only upon the authority of the corporate authoriti es, which shall by resolution direct the treasurer of the sa nitary district to make such transfers. The resolution s hall set forth (a) the taxes or funds in anticipation of the collection or receipt of which the corporate work ing cash fund is to be reimbursed, (b) for a transfer in a nticipation of the extension of real estate taxes, the entir e amount of taxes extended, or which the board shall estimate will be extended, for any year by the county clerk up on the books of the collectors of State state and county taxes within the sanitary district in anticipation of all or part of which suc h transfer is to be made, (c) for a transfer in anticipation of such taxes, hereinabove referred to, to replace revenue lost by units of local government and school districts as a result of the abolition of ad valorem personal property taxes, the amount of such taxes which the board shall estima te will be received, (d) the aggregate amount of warrants or notes theretofore issued in antic ipation of the collection of such taxes, (e) the aggregate amou nt of receipts from taxes imposed to replace revenue lost by units of local government and school districts as a result of the abolition of ad valorem personal property taxes, pursuant to Article IX, Section 5(c) of the Constitutio n of the State of Illinois, which the corporate authorities estimate will be set aside for the payment of the propor tionate amount of debt service and pension or retirement obliga tions, as required by Section 12 of the State Reven ue Sharing Act "An Act in relation to State Revenue Sharing with local governmen t entities", approved July 31, 1969, as amended, and (f) the aggregate amount of moneys theretofore transfer red from the corporate working cash fund to the corporate fun d in anticipation of the collection of such taxes. The amount which the resolution shall direct the treasurer of the sani tary district so to transfer in anticipation of the collecti on of taxes levied or to be received for any year, togeth er with the aggregate amount of such anticipation tax warrants or notes theretofore drawn against such taxes, the amount est imated to be required to satisfy debt service and pension or retirement obligations, as set forth in Section 12 of the State Revenue Sharing Act "An Ac t in relation to State revenue sharing with local government entities", approved July 31, 1969, as amended, and the aggregate amount of such transfers theretofore made i n anticipation of the collection of such taxes shall not excee d 100% of the actual or estimated amount of such taxes extended or to be extended or to be rece ived as set forth in the resolution. When moneys are avail able in the corporate working cash fund they shall be transferred to th e corporate fund and disbursed for the payment of salaries a nd other corporate expenses so as to avoid, or reduce in amount , whenever possible, the issuance of tax anticipation warr ants or notes. Any member of the board o f commissioners of said sanitary district or any officer there of or any other person holding any other position of trus t or employment under the said board, who is guilty of the wil ful violation of any of the provisions of this Amendatory Act of 1957, shall be guilty of a business offense and shall be fin ed not exceeding $10,000 and shall forfeit his right to his office, trust, o r employment and shall be removed therefrom. Any such member, o fficer, or person shall be liable for any sum tha t may be unlawfully diverted from the corporate working cash fund or otherwise used, to be recovered by the corporate authorities of said sanitary district or by any taxpayer in t he name and for the benefit of said board of commissione rs in an appropriate civil action. A taxpayer so suing shall fi le a bond for and shall be liable for, all costs, taxed agains t the board of commissioners in such a suit. Nothing herei n shall bar any other remedies. The a uthority granted by this Amendatory Act of 1957 shall be cumulative authority fo r the issuance of bonds and shall not be held to repeal an y laws with respect thereto.(Source: P.A. 89-574, eff. 1-1-97; revised 7-19-24.) (70 ILCS 2605/9d) (from Ch. 42, par. 32

8d) Sec. 9d. All bonds, notes, or othe r evidences of indebtedness issued pursuant to this Act shall be sold at such pr ice and upon such terms as determined by the Board of Comm issioners and which will not cause the net effective intere st rate to be paid by the sanitary district to exceed that permitted by the Bond Authorization Act "An Act to authorize public corporations to issue bon ds, other evidences of indebtedness and tax anticipation warran ts subject to interest rate limitations set forth therein", approved May 26, 1970, as now or hereafter amende d.(Sou rce: P.A. 84-208; revised 7-19-24.) (70 ILCS 2

605/9.6) (from Ch. 42, par. 328.6) Sec. 9.6. Without submitting the issuance thereof to the legal vot ers of the Sanitary District for approval the corporate authorities thereof by ordinance may authorize bonds fo r the purpose of refunding the principal of its bonds whenever proceeds of taxes levied therefor shall n ot have been received in time to pay such principal at its matu rity. The refunding bonds may be excha nged par for par for such bonds or refunding bonds may be sold at not less than their par value and the proceeds rece ived shall be used to pay such bonds and in any event the bonds refunded shall be cance lled upon the delivery of the refunding bonds. The refunding b onds shall mature 10 years from their date and may bear i nterest at a rate not exceeding that permitted by the Bond Authorization Act "An Act to author ize public corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as amended. After the cancellat ion of the bonds refunded the money thereafter received from the proceeds of the delinquent t axes, the non-collection of which made necessary such refunding, shall be paid into a special sinking fund for t he payment of the refunding bonds and may be used by the treasurer of such sanitary district in the purchase of such re funding bonds at not to exceed their par value and accrued interest and an y refunding bonds so purchased shall be cancelled and the tax next to be extended for payment of the refunding bonds shall be reduced in the amount of the refunding bonds so cancelled. I f any such money shall not have been used in the purchase of ref unding bonds, such money shall be set aside in a fund to be used for payment of the interest and principal of such refundin g bonds as the same shall mature and the tax or taxes next to be extended for such payment sha ll be reduced by the amount so set aside. An ordinance shal l be adopted annually during the term of the refunding b onds, finding the amount of refunding bonds so purchased from the proceeds of such delinquent taxes, and the amount of money on han d received from the collection of such delinquent taxes no t used in purchasing refunding bonds, and directing the reduction in that amount of the tax next to be extended for payment of t he refunding bonds and a certified copy thereof shall be filed in the office of the county clerk, whereupon it shall b e the duty of such official to reduce and extend such tax le vy in accordance therewith.(Source: P.A . 83-591; revised 7-19-24.) (70 ILCS 2605/10.1)

(from Ch. 42, par. 329a) Sec. 10.1. Every sanitary district shall also have the p ower to construct a sewerage system or drainage system to ser ve a particular locality within its corporate limits or to exte nd or improve an existing sewerage system or drainage system, for the purpose of serving a particular locality within th e sanitary district not theretofore served by its existing sewerage system or drainage system, and to pay the cost there of by the issuance and sale of revenue bonds of the sanitary district, payable solely from the revenue derived from the op eration of the sewerage system or drainage system, constructe d or acquired for that particular locality, or from the reve nue to be derived from the operation of the improvements and ex tensions of an existing system. These bonds may be issued for maturities not exceeding 40 years from the date of the bonds and in such amounts as may be necessary to provide sufficient funds to pay all the costs of th e improvement, or extension, or construction, or acquisition for improvement and extension of the sewerage system or drainage system, including engineering, legal, and other expenses, t ogether with interest, to a date 6 months subsequent to the estimated date of completion. These bonds shall bear interest at a rate not exceeding that permitted by the Bo nd Authorization Act "An Act to aut horize public corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to int erest rate limitations set forth therein", approved May 26, 19 70, as amended, payable semi-annually. B onds issued under this Act are negotiable instruments. They sh all be executed by the presiding officer and clerk of the sani tary district, or such other officer or officers as the trustees may, by resolution, designate, and shall be sealed with the sanitary district corporate seal. In case any officer whose signature appears on the bonds or coupons ceases to hold that office before the bonds are delivered, his signature neve rtheless, shall be valid and sufficient for all purposes, the s ame as though he had remained in office until the bonds were delivered. The bonds shall be sold in such manner and upon such terms a s the board of trustees shall determine.

Bonds issued under this Section section are payable from revenue derived from the operation of that sewerage system or drainage system or improvement or exten sion. These bonds shall not, in any event, constitute an inde btedness of the sanitary district, within the meaning o f any constitutional or statutory limitation, and it shall be so stated on the face of each bond. The face of each bond shall also contai n a description of the locality for which that system or i mprovement or extension is constructed and acquired.(Source: P.A. 83-591; revised 7-22-24.)

Section 575. The Sanitary District Act of 1936 i s amended by changing Sections 11.1, 26c, 29, 32b.1, and 3 2e as follows: (70 ILCS 2805/11.1) (from Ch. 42, par. 422.1) Sec. 11.1. All bonds issued pursuant to this Act shall bear interest at a rate or rates n ot exceeding that permitted by the Bond Authorization Act "An Act to authorize public corporat ions to issue bonds, other evidences of indebtedness and tax a nticipation warrants subject to interest rate limitati ons set forth therein", approved May 26, 1970, as amended.(Source: P.A. 83-591; rev ised 7-22-24.) (70 ILCS 2805/26c)

(from Ch. 42, par. 437c) Sec. 26c. The trustees of any district, having been authorize d by an election held pursuant to the preceding section, being desirous of ex ercising such authority, shall have an estimate made of the cost of the acquisition of the contemplated drainage system, and by ordinance shall p rovide for the issuance of revenue bonds. The ordinance shall set forth a brief description of the contemplated dr ainage system, the estimated cost of acquisition or construction thereof, the amount, rate of interest, time and place of payment, and other details in c onnection with the issuance of the bonds. The bonds shall bear interest at a rate not exc eeding that permitted by the Bond Authorization Act "An Act to authorize public corpo rations to issue bonds, other evidences of indebtedness an d tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as amended, payable semiannu ally, and shall be payable at such times and places not exceeding 20 years from their date as shall be prescribe d in the ordinance providing for their issuance. This ordinance may co ntain such covenants and restrictions upon the issuance o f additional revenue bonds thereafter as may be deemed neces sary or advisable for the assurance of payment of the bonds thereby authorized and as may be thereafter issued, and shall pledge the revenues derived from the operation of the drai nage system for the purpose of paying all maintenance and opera tion costs, principal, and interest on all b onds issued under the provisions of this Act, and for providing an adequate depreciation fund, which depreciation fund is hereby defined for the purposes of this Act to be for such replacements as may be necessary from time to time for the continued effective and effi cient operation of the drainage system properties of su ch district, and such fund shall not be allowed to accumulate b eyond a reasonable amount necessary for that purpose, the terms and provisions of which shall be incorporated in the ordinance authorizi ng the issuance of the bonds.(Source: P.A. 8 3-591; revised 7-22-24.) (70 ILCS 2805/29) (from Ch

. 42, par. 440) Sec. 29. When any special assessment is made under this Act, the ordinan ce authorizing such assessment may provide that the entire ass essment and each individual assessment be divided into annual i nstallments, not more than 20 twenty in number. In all cases such division shall be made so that a ll installments shall be equal in amount, except that all fr actional amounts shall be added to the first installment so as to leave the remaining installments of the aggregate equal in a mount and each a multiple of $100 one hundred dollars. The said several install ments shall bear interest at a rate not to exceed that permitte d for public corporation bonds under the Bond Au thorization Act "An Act to authorize pub lic corporations to i ssue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations se t forth therein", approved May 26, 1970, as now or hereafter amended, except that for the purpose s of this Section, "the time the contract is made" shall mean the date of adoption of the or iginal ordinance authorizing the assessment; both principal and interest shall be payable, collected and enforced as the y shall become due in the manner provided for the levy, payment, collection and enforcement of such asses sments and interest, as provided in Division 2 of Article 9 o f the "Illinois Municipal Code ", approved May 29, 1961, as heretofore and hereaf ter amended.(Source: P.A. 83-1525; revised 7-22-24.) (70 ILCS 2805/3

2b.1) (from Ch. 42, par. 443b.1)

Sec. 32b.1. The board of trustees of any sanitary district created he reunder, after receiving a petition in writing, signed by not less than 50% of the legal voters and not less than 50 % of the record owners of land in any contiguous territory sit uated within such sanitary district, shall have the power, by the issuan ce of revenue bonds, or by special assessment, as determined by ordinance of the board of trustees, to purchase or construct wa terworks within such contiguous territory and thereafter ope rate, maintain, improve, and extend such w aterworks as defined in this Act. Such petition, when submitted to the board of trustees, shall contain an estimate o f the cost of the purchase or construction of such waterworks. The ordinance to provide for the pur chase or construction of such waterworks shall be adopted onl y by a vote of a majority of the members of the board of trustees. Such ordinance shall contain an accurate descri ption of the territory which will be affected by the purchase or construction of the waterworks, and the costs of su ch purchase, construction, improvement, or extension shall be paid solely by the issuance and sale of revenue bonds of the district se cured by and payable solely from the revenue to be derived fr om the operation of such waterworks, or by special asses sment, as the case may be. Revenue bonds pr ovided for in this Section may be issued in such amounts as may be necessary to provide sufficient funds to pay al l costs of purchasing or constructing such waterworks, inc luding engineering, legal, and other expenses. Such bonds shall bear interest at a rate not exceeding the rate perm itted by the Bond Authorization Act "An Act to authorize public corporations to is sue bonds, other evidences of indebtedness and tax anticipatio n warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as amended, payable semi-annually, and shall be payable at such ti mes and places not exceeding 30 years from their date as sh all be prescribed in the ordinance providing for their issuan ce. However, if the board of trustees determines by ordinance that the purchase and construction of such waterworks is to be secured and paid by special assessment, then the proceedings for making, levying, collecting, and enforcing any special ass essment levied hereunder, the letting of contracts , the issuance of special assessment bonds, the performan ce of the work, and all other matters r equired or pertaining to the purchase or construction and making of the improvements or extensions shall be as provided in Division 2 of Ar ticle 9 of the Illinois Municipal Code, as heretofor e and hereafter amended. Whenever in said Division 2 the words "city council" o r the words "board of local improvements" are used, the same shall apply to the board of trustees constituted by this Act, and the word "mayor" or "president of the board of local i mprovement" shall apply to the president of the board of trustees constituted by this Act, and the words applying to the city or its office rs in that Article shall be held to apply to the sanitary district created under this Act and its officers.(Source: P.A. 83-673; revised 7-22 -24.) (70 ILCS 2805/32e) (from Ch. 42, par. 443e) Sec. 32e. The trustees of any district, havin g been authorized by an election held pursuant to Section 32d, and being desir ous of exercising such authority, shall have an estimate made of the cost of the acquisition or construction of the contemp lated waterworks, and by ordinance shall provide for the method of financin g such acquisition or construction. The ordinance shall set forth a brief de scription of the contemplated waterworks, the estimated cost o f acquisition or construction thereof, the method of financin g such acquisition or construction, the amount, rate of inter est, time and place of payment, and other details in connecti on with the issuance of any bonds necessary therefor. If all or part of such financing is to be by issuance of revenue bonds, s uch bonds shall bear interest at not exceeding the rate permitted by th e Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evi dences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", ap proved May 26, 1970, as amended, payable semi-annually, and shall be payable at such times and places not exceeding 30 years from their date as shall be prescribed in the ordinance providi ng for their issuance. This ordinance may c ontain such covenants and restrictions upon the issuance of add itional revenue bonds thereafter as may be deemed necessary or advisable for the assurance of payment of the bonds ther eby authorized and as may be thereafter issued, and shall pled ge the revenues derived from the operation of the waterworks fo r the purpose of paying all maintenance and operation costs, p rincipal and interest on all bonds issued under the provisions of this Act, and for providing an adequate depreciation fund, which depreciation fund is hereby defined for the pur poses of this Act to be for such replacements as may be necessary from t ime to time for the continued effective and efficient operation of the wa terworks properties of such district, and such fund shall not be allowed to accumulate beyond a reasonable amount ne cessary for that purpose, the terms and provisions of whic h shall be incorporated in the ordinance authorizing the issuance of the revenue bonds.(Source: P.A. 83-591; revised 7 -18-24.) Section 580 . The Sanitary District Refunding Bond Ac t is amended by changing Section 1 as follows: (70 ILCS 3005/1) (from Ch

. 42, par. 298.1) Sec. 1. The corporate a uthorities of any sanitary district, without submitting the question to the electors thereof for approval, may auth orize by ordinance the issuance of refunding bonds (1) to refu nd its bonds prior to their maturity; (2) to refund its unpaid m atured bonds; (3) to refund matured coupons evidencing interes t upon its unpaid bonds; (4) to refund interest at the c oupon rate upon its unpaid matured bonds that has accrued since the maturity of those bonds; and (5) to refund its bonds which by their terms are subject to redemption before maturit y. The refu nding bonds may be made registerable as to principal and may bear interest at a rate of not to exceed that permitted by the Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evide nces of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as amended, payable at such time and place as may be provided in the bond ordinance. The re funding bonds shall remain valid even though one or more of the officers executing the bonds ceases to hold his or their offices before the bond s are delivered.(Source: P.A. 83-591; rev ised 7-18-24.) Section 585. The Sanitary District Revenue Bond Act is amended by changing Section 2a as follows: (70 ILCS 3010/2a

) (from Ch. 42, par. 319.2a) Sec. 2a. Every sanitary district has the po wer to construct or acquire, and to improve, extend, and operate a sewerage system. Any sani tary district that owns and operates or that may hereaf ter own and operate a sewerage system also has the power, when determined by its board of trustees to be in the public interes t and necessary for the protection of the public health, to enter into and perform contracts, whether long-term or short-t erm, with any industrial establishment for the provision and operation by the sanitary district of sewerage facilitie s to abate or reduce the pollution of water caused by discharges of industrial wastes by the industrial establishment and the payment periodically by the industrial establishment to the sanitary district of amounts at least sufficient, in the determination of such boar d of trustees, to compensate the sanitary district for the cost of providing (including payment of principal and interest cha rges, if any), and of operating and maintaining the sewerage facilities serving such industrial establishment. Every sanitary district has the power to borrow money from the Reconst ruction Finance Corporation, the Public Works Administration , or from any other source, for the purpose of improving or ex tending or for the purpose of constructing or acquiring and i mproving and extending a sewerage system and as evidence there of, to issue its revenue bonds, payable solely from the revenue derived from the operation of the sewerage system by that s anitary district. These bonds may be issued for maturities not exceeding fo rty years from the date of the bonds, and in such amount s as may be necessary to provide sufficient funds to pay all t he costs of the improvement or extension or construction or acquisition and improvement and extension of the sewerage sys tem, including engineering, legal and other expenses, toget her with interest, to a date six months subsequent to the estim ated date of completion. These bonds shall bear interest at a rate not exceeding that permitted by the Bond Autho rization Act "An Act to authorize p ublic corporations to issue bonds, other evidences of ind ebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 19 70, as amended, payable semiannually. Bonds issu ed under this Act are negotiable instruments. They shall be e xecuted by the presiding officer and clerk of the sanitary dist rict and shall be sealed with the sanitary district's corpora te seal. In case any officer whose signature appears on the bonds or coupons ceases to hold that office before the bonds are delivered, his signature, nevertheless, shall be valid an d sufficient for all purposes, the same as though he had r emained in office until the bonds were delivered. The bonds shall be sold in such manner and upon such terms as the board of trustees shall determine.(Source: P.A. 83-591; revised 7-18-24.) Section 590. The Sanitary Districts Corporate Notes Act is amended by changing Section 1 as foll ows: (70 ILCS 3015/1) (from Ch. 42, par. 319.31)

Sec. 1. Any sanitary d istrict, including the district organized under the Metropolitan Water Reclamation District Act "An Act to create sanitary districts and to remove ob structions in Illinois and Des Plaines Rivers", approved May 29, 1889, as amended, is authorized to issue from time to time general obligation corporate notes in an amount n ot to exceed 85% of the corporate taxes levied for the year d uring which said notes are issued, provided no such notes shall be issued at any time there are tax anticipation war rants outstanding against the corporate tax levied for the year during which such notes are issued. Such notes shall mature within two years from date and shall bear interest at a rate per annum not exceeding the maximum rate authorized by the Bond Authorization A ct "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax an ticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as now or he reafter amended. In order to authorize and issue such notes , the corporate authorities shall adopt an ordinan ce fixing the amount of notes, the date thereof, the form thereof, the maturi ty thereof, terms of redemption prior to maturity, rate of inte rest thereon, place of payment and denomination, which shall be in multiples of $1,000, and provide for the levy and collection of a direc t annual tax upon all the taxable property in the sanitary d istrict sufficient to pay the principal of and interest on suc h notes to maturity. Upon the filing in the office of the county clerk County Clerk of the county in which the sanitary district is l ocated of a certified copy of such ordinance, it shall be the duty of the county clerk County Clerk to extend the tax therefor in addition to an d in excess of all other taxes heretofore or hereafte r authorized to be levied by such sanitary district. The corporate authorities may sell such notes at pr ivate or public sale and enter into any contract or agreement necessary, appropriate, or incidenta l to the exercise of the powers granted by this Act, inclu ding, without limitation, contracts or agreements for th e sale and purchase of such notes and the payment of cos ts and expenses incident thereto. The corporate authorities may pay such costs and expenses, in whole or in part, from th e corporate fund. From and after such notes have been issued as provided for by this Act, whi le such notes are outstanding, it shall be the duty of the county clerk County Clerk in computing the tax rate for corporat e purposes of any such district to reduce the rate for corporate purposes by the amount levied to pay the principal of and interest on the notes authorized by this Act; provided the tax rate shall not be reduced beyond the amount neces sary to reimburse any money borrowed from the working cash fund, and it shall be the duty of the clerk Cler k of the sanitary district annually, not les s than thirty days prior to the tax extension date, to c ertify to the county clerk County Clerk the amount of money borrowed from the working cash fund to be reimbursed from the corporate tax levy. No reimbursement shall be made to the working cash fund until there has been accumulated from the tax levy provided f or the notes, an amount sufficient to pay the principal of an d interest on such notes to maturity.(Source : P.A. 82-976; revised 7-18-24.) Section 595. The Solid Waste Disposal District Act i s amended by changing Section 20 as follows: (70 ILCS 3105/20) (from Ch. 85,

par. 1670)

Sec. 20. Whenever a district does not have sufficient money in its tre asury to meet all necessary expenses and liabilities thereof, i t may issue tax anticipation warrants. Such issue of tax anticipation warrants shall be subje ct to the provisions of Section 2 of the Warrants and Jurors Certi ficates Act "An Act to provide for the man ner of issuing warrants upon the treasurer of the State or of any county, township, or other municipal corporation o r quasi municipal corporation, or of any farm drainage district, river district, drainage and levee district, fire protection district and jurors' certificates", approved June 27, 1913, as now and hereafter amended.(Source: P.A. 76-1204; revised 7-17-24.) Section 600. The Illinois Sports Facilities Autho rity Act is amended by changing Section 13 as follows: (70 ILCS 3205/13) (from Ch. 85, par. 6013) Sec. 13. Bonds and notes. (A) (1) The Authority may at any time an d from time to time issue bonds and notes for any corporate purp ose, including the establishment of reserves and the payment of interest and costs o f issuance. In this Act, the term "bonds " includes notes of any kind, interim certificates, refundin g bonds, or any other evidence of obligation for borrowed money issued under this Section 13. Bonds may be issued in one or more series and may be payable and secured either on a parity with or separately from other bonds. (2) The bonds of any issue shall be payable solely from all or any part of the property or revenues of the Authority, including, without limitation:

(i) Rents, rates, fees, charges, or other revenues payable to or any receipts of the Authority, including amounts which are deposited pursuant to the Act wi th a trustee for bondholders; (ii) Payments by financial institutions, insu rance companies, or others pursuant to letters or lines of credit, policies of insurance, o r purchase agreements; ( iii) Investment earnings from funds or accounts maintained purs uant to a bond resolution or trust agreement; and (iv) Proceeds of refunding bonds. (3) Bonds may be authorized by a resolution of the Authori ty and may be secured by a trust agreement by and between t he Authority and a corporate trustee or trustees, which ma y be any trust company or bank having the powers of a trust co mpany within or without the State. Bonds may: (i) Mature at a time or time s, whether as serial bonds or as term bonds or both, not e xceeding 40 years from their respective dates of issue; (ii) Notwithstanding the provisions provision of the Bond Authorization Act "An Act to authorize public corporations to issue bonds, ot her evidences of indebtedness and tax anticipation warran ts subject to interest rate limitations set forth the rein", approved May 26, 1970, as now or hereafter amended, or any other provision of law, bear interest at any fixed or variabl e rate or rates determined by the method provided in the resolution or trust agreement; (iii) Be payable at a time or times, in the denominations and form, either coupo n or registered or both, and carry the registration and p rivileges as to exchange, transfer, or c onversion and for the replacement of mutilated, lost, or destr oyed bonds as the resolution or trust agreement may provide;

(iv) Be payable in lawful money of the United St ates at a designated place; (v) Be subject to the terms of purchase, payment, red emption, refunding, or refinancing that the resolution or trust agreement provides; (vi) Be executed by the manual or facsimile si gnatures of the officers of the Authority design ated by the Authority which signatures shall be valid at delivery even for one who has ceased to hold office; and

(vii) Be sold in the manner and upon the terms determined by the Authority. (B) Any resolution or trust agreement may cont ain provisions which shall be a part of the contract with the holders of the bonds as to: (1) Pledging, assigning, or directing the use, investment, or disposition o f all or any part of the revenues of the Authority or proceeds or benefits of any contract, including, without limi t, any management agreement or assistance agreement and convey ing or otherwise securing any property or property rights; (2) The setting a side of loan funding deposits, debt service reserves, ca pitalized interest accounts, replacement or operating reserves, cost of issua nce accounts and sinking funds, and the regulation, investm ent, and disposition thereof; (3) Limitations on the purposes to which or th e investments in which the proceeds of sale of any issue of bonds or the Authority's revenues and receipts may be applied or made; (4) Limitations on the issue of additional bonds, the terms upon which additional bonds may be issued and secured, the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds; (5) The refunding, advance refunding, or refinancing of outstanding bonds;

(6) The procedure, i f any, by which the terms of any contract with bondholders may be alte red or amended and the amount of bonds and holders of which must consent thereto, and the manner in which consent shall be given; (7) Defining the acts or o missions which shall constitute a default in the duties of the Authority to holders of bonds and prov iding the rights or remedies of such holders in the event of a default which may include provisions restricting ind ividual right of action by bondholders; (8) Providing for guarantees, pledge s of property, letters of credit, or other security, o r insurance for the benefit of bondholders; and

(9) Any other matter re lating to the bonds which the Authority determines a ppropriate. (C) No member of the Authorit y nor any person executing the bonds shall be liable pe rsonally on the bonds or subject to a ny personal liability by reason of the issuance of the bonds. (D) The Authority may enter into agreements with a gents, banks, insurers, or others for the purpose of enhanc ing the marketability of or security for its bonds. (E)(1) A pledge by the Authority of reve nues and receipts as security for an issue of bonds or for the performance of its oblig ations under any management agreement or assistance a greement shall be valid and binding from the time when the pledge is made. (2) The revenues an d receipts pledged shall immediately be subject to the li en of the pledge without any physical delivery or fur ther act, and the lien of any pledge shall be valid and binding against any person having any claim of any kind in tort, contract, or otherw ise against the Authority, irrespective of whether the per son has notice. (3) No resolution, trust agreement, management agreement, or assistance agreement or any financing statement, cont inuation statement, or other instrument adopted or entered into by the Authority need be filed or recorded in any public record other than the re cords of the Authority in order to perfect the lien again st third persons, regardless of any contrary provision of la w. (F) The Authority may issue bonds to refu nd, advance refund, or refinance any of its bonds then outstanding, including the payment of any redemp tion premium and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase, or maturity of th e bonds. Refunding or advance refunding bonds may be issued for the public purposes of realizing savings in the ef fective costs of debt service, directly or through a debt res tructuring, for alleviating impending or actual default, or f or paying principal of, redemption premium, if any, and interest on bonds as th ey mature or are subject to redemption, and may be issued in one or more series in an amount in excess of that of the bonds to be refunded. (G) At no time shall the total outst anding bonds and notes of the Authority issued under this Secti on 13 exceed (i) $150,000,000 in connection with facilities ow ned by the Authority or in connection with other authorized corporate purposes of the Authority and (ii) $399,000,000 in connection with facilities owned by a gov ernmental owner other than the Authority; however, th e limit on the total outstanding bond and notes set forth in this sentence shall not apply to any refunding or restructuring bonds issued by the Authority on and after June 17 , 2021 (the effective date of Public Act 102-16) this amendatory Act of the 102nd General Asse mbly but prior to December 31, 2024. Bonds wh ich are being paid or retired by issuance, sale, or delivery of bonds or notes, and bonds or n otes for which sufficient funds have been deposited with the paying agent or trustee to provide for payment of principal and interest thereon, and any redemption premium, as provided in the authorizing resolution, shall not be considered outstanding for the purposes of this paragraph. (H) The bonds and notes of the Authority shall not be indebtedness of the City of Chicago, of the State, o r of any political subdivision of the State other than the Authority. The bonds and notes of the Authority are not genera l obligations of the State of Illinois or the City of Chicago , or of any other political subdivision of the State other t han the Authority, and are not secured by a pledge of the fu ll faith and credit of the State of Illinois or the City of Chicago, or of any other political subdivision of the State other than the Authority, and the holders of bonds and notes of the Authority may not require the levy or imposition by the State or the City of Chicago, or any other political subdivisio n of the State other than the Authority, of any taxes or, except as provided in t his Act, the application of revenues or funds of the State of Illinois or the City of Chicago or any other political subd ivision of the State other than the Authority to the payment of bonds and notes of the Authority.

(I) In order to provide for the payment of debt service requirements (includi ng amounts for reserve funds and to pay the costs of c redit enhancements) on bonds issued pursuant to this Act, the Authority may provide in any trust agreement securing such b onds for a pledge and assignment of its right to all amounts to be received from the Illinois Sports Facilities Fund and for a pledge and assignment (subject to the terms of any ma nagement agreement or assistance agreement) of all taxes and other amounts to be received under Section 19 of this Act and m ay further provide by written notice to the State Treasurer and State Comptroller (which notice shall constitute a direction t o those officers) for a direct payment of these amounts to the t rustee for its bondholders. (J) The State of Illinois pledges to and agrees with the holders of the bon ds and notes of the Authority issued pursuant to this Act that the State will not limit or alter the rights and powers ve sted in the Authority by this Act so as to impair the ter ms of any contract made by the Authority with such holders or i n any way impair the rights and remedies of such holders until such bonds and notes, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceed ings by or on behalf of such holders, are fully met and discharg ed. In addition, the State pledges to and agrees with the holde rs of the bonds and notes of the Authority issued pursuant to this Act that the State will not limit or alter the basis on wh ich State funds are to be allocated, deposited and paid to the Authority as provided in this Act, or the use of such funds, so as to impair the terms of any such contract. The Auth ority is authorized to include these pledges and agreements o f the State in any contract with the holders of bonds or notes issued pursuant to this Section. Nothing in Publ ic Act 102-16 this amendato ry Act of the 102nd General Assembly is intended to limit or alter the rights and powers of the Authority so as to impair the terms of any contract made by the Authority with the holders of the bonds and notes of the Authority issued p ursuant to this Act. (Source: P.A. 102-16, eff. 6-17-21; revised 7-25-24 .) Sect ion 605. The Downstate Illinois Sports Fa cilities Authority Act is amended by changing Section 100 as follows: (70 ILCS 3210/100) Sec. 100 . Bonds and notes. (a) (1) The Authority may at any time a nd from time to time issue bonds and notes for any corporate pu rpose, including the establishment of reserves and the payment of interest and costs of issuance. In this Act, the term "bonds" includes notes of any kind, interim certificates, refunding bonds, or a ny other evidence of obligation for borrowed money issued under this Section 100. Bonds may be issued in one or more s eries and may be payable and secured either on a parity with or separat ely from other bonds. (2) The bonds of any issue shall be payable solely from all or any part of the property or revenues of the Authority, including, without limitation: (i) Rents, rates, fees, charges, or other re venues payable to or any receipts of the Authority, including amounts which are deposited pursuant to the Act with a trustee for bondholders; (ii) Payments by financial institutions, in surance companies, or others pursuant to letters or lines of credit, policies of insurance, or purchase agreements;

(iii) Investment earnings from funds or accounts maintained pur suant to a bond resolution or trust agreement; and (iv) Proceeds of refunding bonds. (3) Bonds may be authorized by a resolution of the Authority and may be secu red by a trust agreement by and between the Authority and a corporate trustee or trustees, which may be any trust comp any or bank having the powers of a trust company within or wit hout the State. Bonds may:

(i) Mature at a time or times, whether as seria l bonds, as term bonds, or as both, not exceeding 40 years from their respective dates of issue; (ii) Notwithstanding the provision s provision of the Bond Authorization Act "A n Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipation warr ants subject to interest rate limitations set forth t herein", approved May 26, 1970, as now or hereafter amended, or any othe r provision of law, bear interest at any fixed or varia ble rate or rates determined by the method provide d in the resolution or trust agreement; (iii) Be payable at a time or times, in the denominations and form, either cou pon, or registered, or both, and carry the registration a nd privileges as to exchange, transfer or conversion and fo r the replacement of mutilated, lost or destroyed bonds as the resolution or trust agreement may provide; (iv) Be payable in lawful money of the United States at a d esignated place; (v) Be subject to the terms of purchase, payment, redemption, refunding, or refinancing that the resolution or trust agreement provides; (vi) Be exe cuted by the manual or facsimile signatures of the officers of the Author ity designated by the Authority which signatures shall be valid at delivery even for one who has cease d to hold office; and ( vii) Be sold in the manner and upon the terms determined by the A uthority. (b) Any resolution or trust a greement may contain provisions which shall be part of the contract with the holders of the bonds as to: (1) Pledging, assigning, or directing the use, investment, or disposition of all o r any part of the revenues of the Authority or proceed s or benefits of any contract, includi ng, without limit, any management agreement or assistance a greement and conveying or otherwise securing any property o r property rights; (2) The setting aside of loan funding deposits, debt serv ice reserves, capitalized interest accounts, replacement or operating reserves, cost of issuance accounts and sink ing funds, and the regulation, investment, and disposition thereof; (3) Limitations on the purposes to which or the investments in whic h the proceeds of sale of any issue of bonds or the Authori ty's revenues and receipts may be applied or made; (4) Limitations on the issue of additio nal bonds, the terms upon which additional bond s may be issued and secured, the terms upon which additional bonds may rank on a parity with, or be subord inate or superior to, other bonds;

(5) The refinancing, advance refunding, or refinancing of outstanding bonds; (6) The procedure, if any, by which t he terms of any contract with bondholders may be altered or amended an d the amount of bonds and holders of which must con sent thereto, and the manner in which consent shall be given; (7) Defining the acts or omissions which sh all constitute a default in the duties of the Aut hority to holders of bonds and providing the rights or remedies of such holders in the event of a de fault which may include provisions restricting individual right of action by bondholders; (8) Providing for guarantees, pledges of property, le tters of credit, or other security, or insurance for t he benefit of bondholders; and (9) Any other matter relating to the bon ds which the Authority determines appropriate. (c) No member of the Authority nor any person executing the bonds shall be liable personally on the b onds or subject to any personal liabi lity by reason of the issuance of the bonds. (d) The Authority may enter into agreements with a gents, banks, insurers, or others for the purpose of enhanc ing the marketability of or security for its bonds. (e) (1) A pledge by the Authority of rev enues and receipts as security for an issue of bonds or for the performance of its obli gations under any management agreement or assistance agreement shall be valid and binding from the time when the pledge is made.

(2) The revenues and receipts pledged shall immediately b e subject to the lien of the pledge without any physi cal delivery or further act, and the lien o f any pledge shall be valid and binding against any perso n having any claim of any kind in tort, contract, or otherwise against the Authority, irrespective of whether the person has notice.

(3) No resolution, trust agreement, mana gement agreement, or assistance agree ment or any financing statement, continuation statement, or othe r instrument adopted or entered into by the Authority need be filed or recorded i n any public record other than the records of the Authori ty in order to perfect the lien against third persons, regar dless of any contrary provision of law. (f) The Authority may issue bonds to refund, advance refund, or refinance any of its bonds then outstanding, including the paym ent of any redemption premium and any interest accrued or to accrue to the earliest or any subsequent date of redempt ion, purchase or maturity of the bonds. Refund ing or advance refunding bonds may be issued for t he public purposes of realizing savings in the effective costs of debt service, directly or through a debt restruct uring, for alleviating impending or actual default, o r for paying principal of, redemption premium, if any, and interest on bonds as they mature or are subject to redemption, and m ay be issued in one or more series in an amount in ex cess of that of the bonds to be refunded. (g) At no time shall the total outstanding bonds and notes of th e Authority issued under this Section 100 exceed (i) $4 0,000,000 in connection with facilities owned by the Autho rity; and (ii) $40,000,000 in connection with facilities owned by a governmental owner other than the Authority. Bonds which are being paid or retired by issuance, sale, or delivery of bonds or notes, and bonds or notes for which sufficient funds have been deposited with the paying agent or trustee to provide for payment of princ ipal and interest thereon, and any redemption premium , as provided in the authorizing resolution, shall not be c onsidered outstanding for the purposes of this paragraph. (h) The bonds and notes of the Authority sha ll not be indebtedness of the State, or of any pol itical subdivision of the State other than the Authority. The b onds and notes of the Authority are not general obligatio ns of the State of Illinois, or of any other political subdivis ion of the State other than the Authority, and are not secured by a pledge of the full faith and credit of the State o f Illinois, or of any other political subdivision of the St ate other than the Authority, and the holders of bonds and notes of the Authority may not require the levy or imp osition by the State, or any other political subdivision of th e State other than the Authority, of any taxes or, except as p rovided in this Act, the application of revenues or funds of the State of Illinois , or any other political subdivision of the State other tha n the Authority, to the payment of bonds and notes of the Auth ority. (i) In order to provide for the paymen t of debt service requirements (including amounts for reserve f unds and to pay the costs of credit enhancements) on bonds is sued pursuant to this Act, th e Authority may provide in any trust agreement securin g such bonds for a pledge and assignment of its right to all a mounts to be received from the Illinois Sports Facilities Fund and for a pledge and assignment (subject to the terms of any management agreement or assistance agreement) of all t axes and other amounts to be received under Section 100 of th is Act and may further provide written notice to the State Tre asurer and State Comptroller (which notice shall constit ute a direction to those officers) for a direct payment of thes e amounts to the trustee for its bondholders. (j) The State of Illinois pledges to and agrees with the holders of the bonds and notes of the Authority issued purs uant to this Act that the State will not limit or alter the ri ghts and powers vested in the Authority by this Act so as to impair the terms of any contract made by the Authority with such holders or in a ny way impair the rights and remedies of such holders un til such bonds and notes, together with interest thereon, wit h interest on any unpaid installments of interest, and all cos ts and expenses in connection with any action or proceeding s by or on behalf of such holders, are fully met and discharged. In addition, the State pledges to and agrees with the holders of the bonds and notes of the Authority issued pursuant to thi s Act that the State will not limit or alter the basis on which State funds are to be allocated, deposited, and paid to the Authority as provided in this Act, or the use of such funds, so as to impair the terms of any such c ontract. The Authority is authorized to include these pledg es and agreements of the State in any contract with the holder s of bonds or notes issued pursuant to this Section.(Source: P.A. 93-227, eff. 1-1-04; revised 7-22-24.) Section 610. The R egional Transportation Authority Act is amended by changing S ection 4.03 as follows: (70 ILCS 36

15/4.03) Sec. 4.03. Taxes. (a) In order to carry out an y of the powers or purposes of the Authority, the Board ma y, by ordinance adopted with the concurrenc e of 12 of the then Directors, impose throughout the met ropolitan region any or all of the taxes provided in this Section. Except as other wise provided in this Act, taxes imposed under this Section an d civil penalties imposed incident thereto shall be collected and enforced by the State Department of Revenue. The Departmen t shall have the power to administer and enforce the taxes and to determine a ll rights for refunds for erroneous payments of the taxes. Nothing in Public Act 95-708 is intended to invalidate any taxes currently imposed by the Authority. The increased vote requiremen ts to impose a tax shall only apply to actions taken after January 1, 2008 (t he effective date of Public Act 95-708). (b) The Board may impose a public transportation tax upon all persons engaged in the metropolitan region in the business of selling at retai l motor fuel for operation of motor vehicles upon public highways. The tax shall be at a rate not to exceed 5% of the gross receipts from the sales of motor fuel in the course of the business. As used in this Act, the ter m "motor fuel" shall have the same meaning as in the Motor Fuel Tax Law. The Board may provide for details of the tax. The p rovisions of any tax shall conform, as closely as may be practicable, to the provisions of the Municipal Retaile rs Occupation Tax Act, including, without l imitation, conformity to penalties with respect to the tax imp osed and as to the powers of the State Department of Revenue to promulgate and enforce rules and regulations relating to the administration and enforcement of the provisions of the tax imposed, except that reference in the Act to any mu nicipality shall refer to the Authority and the tax shall be im posed only with regard to receipts from sales of motor f uel in the metropolitan region, at rates as limited by this Section. (c) I n connection with the tax imposed under paragraph (b) of this S ection, the Board may impose a tax upon the privilege o f using in the metropolitan region motor fuel for the operatio n of a motor vehicle upon public highways, the tax to be at a ra te not in excess of the rate of tax imposed under paragraph ( b) of this Section. The Board may provide for details of the t ax. (d) The Board may impose a motor vehi cle parking tax upon the privilege of parking motor vehicl es at off-street parking facilities in the metropoli tan region at which a fee is charged, and may provide for reasonable classificati ons in and exemptions to the tax, for administration and en forcement thereof and for civil penalties and refunds thereu nder and may provide criminal penalties thereunder, the maxim um penalties not to exceed the maximum criminal penalties pro vided in the Retailers' Occupation Tax Act. The Authority may collect and enforce the tax itself or by contract with any uni t of local government. The State Department of Revenue shall h ave no responsibility for the collection and enforcemen t unless the Department agrees with the Authority to undert ake the collection and enforcement. As used in this paragraph, the term "parking facility" means a parking area or str ucture having parking spaces for more than 2 vehicles at which motor vehicles are permitted to park in return for an hourl y, daily, or other periodic fee, whether publicly or priv ately owned, but does not include park ing spaces on a public street, the use of which is regulat ed by parking meters. (e) The Board may impose a R egional Transportation Authority Retailers' Occupation T ax upon all persons engaged in the business of selling tangible personal property at retail in the metropolitan region. I n Cook County, the tax rate shall be 1.25% of the gross receipt s from sales of food for human consumption that is to be cons umed off the premises where it is sold (other than alcoholic beverages, food consisting of or infused with adult use canna bis, soft drinks, candy, and food that has been prepared for immediate consumption) and tangible personal property taxe d at the 1% rate under the Retailers' Occupation Tax Act, and 1% of the gross receipts from other taxable sales mad e in the course of that business. In DuPage, Kane, Lake, Mc Henry, and Will counties, the tax rate shall be 0.75% of t he gross receipts from all taxable sales made in the course of that business. The rate of tax imposed in DuPage, Kane, Lake, McHenry, and Will counties under this Section on sales of av iation fuel on or after December 1, 2019 shall, however, be 0.25 % unless the Regional Transportation Authority in DuPage, K ane, Lake, McHenry, and Will counties has an "airpo rt-related purpose" and the additional 0.50% of the 0.7 5% tax on aviation fuel is expended for airport-rel ated purposes. If there is no airport-related purpose to which aviation fuel tax revenue is dedicated, then aviati on fuel is excluded from the additional 0.50% of the 0.75% tax . The tax imposed under this Section and all civil pena lties that may be assessed as an incident thereof shall be coll ected and enforced by the State Department of Revenue . The Department shall have full power to administer and enf orce this Section; to collect all taxes and penalties so col lected in the manner hereinafter provided; and to determine al l rights to credit memoranda arising on account of the e rroneous payment of tax or penalty hereunder. In the adminis tration of, and compliance with this Section, the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers, and duties , and be subject to the same conditions, restrictions, limi tations, penalties, exclusions, exemptions, and definitio ns of terms, and employ the same modes of procedure, as are prescr ibed in Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions therein oth er than the State rate of tax), 2c, 3 (except as to the disposition of taxes and penalties collected, and except that the retailer 's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C . 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d , 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 1 0, 11, 12, and 13 of the Retailers' Occupation Tax Act and Sec tion 3-7 of the Uniform Penalty and Interest Act, as full y as if those provisions were set forth herein. The Board and DuPage, Kane, Lake, McHenry, and Will counti es must comply with the certification requirements for ai rport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Sect ion, "airport-related purposes" has the meaning ascri bed in Section 6z-20.2 of the State Finance Act. This ex clusion for aviation fuel only applies for so long as t he revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 4713 3 are binding on the Authority. Persons subject to any tax imposed under the authority granted in this Section may reimburse themselves for their seller's tax liability her eunder by separately stating the tax as an additional charge, which charge may be stated in combination in a single amount wi th State taxes that sellers are required to collect under the Use Tax Act, under any bracket schedules the Department may pres cribe. Whenever the Department determines that a refund should be made under this Section to a claimant instea d of issuing a credit memorandum, the Department shall notify th e State Comptroller, who shall cause the warrant to be drawn for the amount specified, and to the person named, i n the notification from the Department. The refund shall be paid by the St ate Treasurer out of the Regional Transportation A uthority tax fund established under paragraph (n) of this Section or the Local Government Aviation Trust Fund, as appropriate. If a tax is imposed under this subsection (e), a tax s hall also be imposed under subsections (f) and (g) of this Se ction. For t he purpose of determining whether a tax authorized unde r this Section is applicable, a retail sale by a producer o f coal or other mineral mined in Illinois, is a sale at retail at the place where the coal or other mineral mined in I llinois is extracted from the earth. This paragraph does not apply to coal or other mineral when it is delivered or sh ipped by the seller to the purchaser at a point outside Illinois s o that the sale is exempt under the Federal Constitution as a sale in interstate or foreign commerce. No tax shall be imposed or collected under this subsect ion on the sale of a motor vehicle in this State to a residen t of another state if that motor vehicle will not be titled in this State. Nothing in this Section shal l be construed to authorize the Regional Transportation Aut hority to impose a tax upon the privilege of engaging in any business that under the Constitution of the United States may not be ma de the subject of taxation by this State. (f) If a tax has been imposed under paragraph (e), a Regional Transportation Aut hority Service Occupation Tax shall also be imposed upon all persons engaged, in the metropol itan region in the business of making sales of service, who, as an incident to maki ng the sales of service, transfer tangible personal property w ithin the metropolitan region, either in the form of tangible personal property or in the form of real estate as an incident to a sale of service. In Cook County, the tax rate shall be : (1) 1.25% of the serviceman's cost price of food prepared for immediate consumption and transferred inciden t to a sale of service subject to the service occupation tax b y an entity that is located in the metropolitan region and that is licensed under the Hos pital Licensing Act, the Nursing Home Care Act, the Assi sted Living and Shared Housing Act, the Specialized Mental Heal th Rehabilitation Act of 2013, the ID/DD Community Ca re Act, the MC/DD Act, or the Child Care Act of 1969, or an en tity that holds a permit issued pursuant to t he Life Care Facilities Act; (2) 1.25% of the selling price of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, food consisting of or i nfused with adult use cannabis, soft drinks, candy, and food that has been prepared for immediate consumpt ion) and tangible personal property taxed at the 1% rate un der the Service Occupation Tax Act; and (3) 1% of the sellin g price from other taxable sales of tangible personal property transferred. In DuPage, Kane, Lake, McHenry, and Will counties, the rate shall be 0.75% of the selling price of all tangible p ersonal property transferred. The rate of tax imposed in DuPage, Kane, Lake, McHenry, and Will counties under this Section on sales of aviation fuel on or after December 1, 2019 shall, however, be 0.25% unless the Region al Transportation Authority in DuPage, Kane, Lake, McHenry, an d Will counties has an "airport-related purpose" and the additional 0.50% of the 0.75% tax on aviation fuel is expended for airport-related purposes. If there is no airport-related purpose to which aviation fuel tax r evenue is dedicated, then aviation fuel is excluded fr om the additional 0.5% of the 0.75% tax. The B oard and DuPage, Kane, Lake, McHenry, and Will counties must comply with the certification requirements for airport- related purposes under Section 2-22 of the Retailers' Occ upation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviat ion fuel only applies for so long as the revenue use requiremen ts of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are bindin g on the Authority. The tax imposed under th is paragraph and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Sta te Department of Revenue. The Department shall have full power to administer and enforce this paragraph; to col lect all taxes and penalties due hereunder; to dispose of taxes and penalties collected in the manner hereinafter provided; and t o determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty hereunder. In the adm inistration of and compliance with this paragraph, the Department and persons who are subject to this paragraph shall have the same rights, remedies, privileges, immunities, powers, a nd duties, and be subject to the same conditions, restrictions, limitation s, penalties, exclusions, exemptions, and definiti ons of terms, and employ the same modes of procedure, as are prescrib ed in Sections 1a-1, 2, 2a, 3 through 3-50 (in respect t o all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the Autho rity), 5, 7, 8 (except that th e jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the Authority), 9 (except as to the disposition of taxes and penalties collect ed, and except that the returned merchandise credit for thi s tax may not be taken against any State tax, and excep t that the retailer's discount is not allowed for taxes paid o n aviation fuel that are subject to the revenue use requirem ents of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 ( except the reference therein to Section 2b of the Retailer s' Occupation Tax Act), 13 (except that any reference to the St ate shall mean the Authority), the first paragraph of Sect ion 15, 16, 17, 18, 19, and 20 of the Service Occupation Tax Act and Section 3-7 of the Uniform Penalty and Intere st Act, as fully as if those provisions were set forth herein . Persons subject to any tax imposed under the authority granted in this paragraph may reimburse themselves for their serviceman's tax liability hereunder by separatel y stating the tax as an additional charge, that charge m ay be stated in combination in a single amount with State tax t hat servicemen are authorized to collect under the Service Use Tax Act, under any bracket schedules the Department may pre scribe. Whenever the Department determines that a refund should be made under this paragraph to a claim ant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the warrant to be drawn for the amount specified, and to the person name d in the notification from the Department. The refund shall be paid by the State Treasurer out of the Regional Transportat ion Authority tax fund established under paragraph (n) of th is Section or the Local Government Aviation Trust Fund, as appr opriate. Nothing in this paragraph shall be constr ued to authorize the Authority to impose a tax upon the privi lege of engaging in any bu siness that under the Constitution of the United States may not be made the subject of taxation by the State.

(g) If a tax has been imposed under paragraph (e), a tax shall also be imposed upon the privilege of using in the metropolitan region, any item of tangible personal proper ty that is purchased outside the metropolitan region at retail from a retailer, and that is titled or registered with an agency of th is State's government. In Cook County, the tax rate shall b e 1% of the selling price of the tangible personal property, as "selling price" is defined in the Use Tax Act. In DuPa ge, Kane, Lake, McHenry, and Will counties, the tax rate shal l be 0.75% of the selling price of the tangible personal prope rty, as "selling price" is defined in the Use Tax Act. The tax shall be collected from persons whose Illinois address for titling or registration purposes is given as being in th e metropolitan region. The tax shall be collected by the Department of R evenue for the Regional Transportation Authority. The tax must be paid to the State, or an exemption determination must be obtained from the Department of Revenue, before the title or certificate of registration for the property may be issued. The tax or p roof of exemption may be transmitted to the Department by way of the State agency with which, or the State officer with whom, the tangible personal property must be titled or registered if the Department and the State agency or State officer determine that this procedure will expedite the pr ocessing of applications for title or registration. The Department shall have full power to administer a nd enforce this paragraph; to collect all taxes, penalties, and interest due hereunder; to dispose of taxes, penalties, and interest collected in the manner hereinafter provided; and to determine all rights to credit memoranda or refunds arising on account of the erroneous payment of tax, penalty, or interest h ereunder. In the administration of and compliance with thi s paragraph, the Department and persons who are subject to this paragraph shall have the same rights, remedie s, privileges, immunities, powers, and duties, and be subject to the same conditions, restrictions, limitations, penalties, e xclusions, exemptions, and definitions of terms and empl oy the same modes of procedure, as are prescribed in Sections 2 (except the definition of "retailer maintaining a place of business in this State"), 3 through 3-80 (except provis ions pertaining to the State rate of tax, and except provisi ons concerning collection or refunding of the tax by r etailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions pertaining to claims by retailers and exc ept the last paragraph concerning refunds), 20, 21, and 22 of the Use Tax Act, and are not inconsistent with this pa ragraph, as fully as if those provisions were set forth here in. Whenever the Department determines that a refund should be made under this paragraph to a claimant inst ead of issuing a credit memorandum, the Department shall notif y the State Comptroller, who shall cause the order to be draw n for the amount specified, and to the person named in the not ification from the Department. The refund shall be paid by t he State Treasurer out of the Regional Transportation Autho rity tax fund established under paragraph (n) of this Section.

(g-5) If, on January 1, 2025, a unit o f local government has in effect a tax under subsections ( e), (f), and (g), or if, after January 1, 2025, a unit of l ocal government imposes a tax under subsections (e), (f), and (g), t hen that tax applies to leases of tangible personal prop erty in effect, entered into, or renewed on or after that dat e in the same manner as the tax under this Section and in acc ordance with the changes made by Public Act 103-592 this amendatory Act of the 103rd General Assembly. (h) The Aut hority may impose a replacement vehicle tax of $50 on any passenger car as defined in Secti on 1-157 of the Illinois Vehicle Code purchased within the metropolitan region by or on behalf of an insurance c ompany to replace a passenger car of an insured person in s ettlement of a total loss claim. The tax imposed may not becom e effective before the first day of the month following the passage of the ordinance imposing the tax and receipt of a certified copy of the ordinance by the Department of Revenue. The Depar tment of Revenue shall collect the tax for the Authority in acc ordance with Sections 3-2002 and 3-2003 of the Illin ois Vehicle Code. The Department shall immedia tely pay over to the State Treasurer, ex officio, as trustee, all taxes collected hereunder. As soon as po ssible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fun d the local sales tax increment, as define d in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prep are and certify to the Comptroller the disbursement of stated sums of money to the Authority. The amount to be paid to the Authority shall be the amount collected hereunder during the sec ond preceding calendar month by the Department, less any amount determined by the Department to be necessary for the payment of re funds, and less any amounts that are transferred to the STAR Bond s Revenue Fund. Within 10 days after receipt by the Com ptroller of the disbursement certification to the Autho rity provided for in this Sec tion to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn fo r that amount in accordance with the directions con tained in the certification. (i) The Boar d may not impose any other taxes except as it may from time t o time be authorized by law to impose. (j) A certificate of registration issued by the State Department o f Revenue to a retailer under the Retailers' Occupati on Tax Act or under the Service Occupation Tax Act shall pe rmit the registrant to engage in a business that is ta xed under the tax imposed under paragraphs (b), (e), (f) or (g) of this Section and no additional registration shall be required under the tax. A certificate issued under the Use Tax Act or the Service Use Tax Act shall be applicable wit h regard to any tax imposed under paragraph (c) of th is Section. (k) The provisions of any tax imposed under paragraph (c) of this Section shall confo rm as closely as may be practicable to the provisions of the U se Tax Act, including, without limitation , conformity as to penalties with respe ct to the tax imposed and as to the powers of the State Departm ent of Revenue to promulgate and enforce rules and regulations relating to the administration and en forcement of the provisions of the tax imposed. The taxes shall be imposed only on use within the metropolitan region and at rates as provided in the paragraph. (l) T he Board in imposing any tax as provided in paragraphs (b ) and (c) of this Section, shall, after seeking the advice of the State Department of Revenue, provide means for retail ers, users or purchasers of motor fuel for purposes other than those with regard to which the taxes may be imposed as prov ided in those paragraphs to receive refunds of taxes improperly paid, which provisions may be at variance with the refund prov isions as applicable under the Municipal Retailers Occupation Tax Act. The State Department of Revenue may provide for certificates of registration for users or purchasers of motor fuel for purpo ses other than those with regard to which taxes may be imposed as provided i n paragraphs (b) and (c) of this Section to facilitate the reporting and nontaxabi lity of the exempt sales or uses. (m) Any ordi nance imposing or discontinuing any tax under this Section s hall be adopted and a certified copy thereof filed with the Department on or before June 1, whereupon the Department of Rev enue shall proceed to administer and enforce this Section on behalf of the Region al Transportation Authority as of September 1 nex t following such adoption and filing. Beginning January 1, 19 92, an ordinance or resolution imposing or discontinuing the tax hereunder shall be adopted and a certified copy thereof fi led with the Department on or before the first day of July, whe reupon the Department shall proceed to administer and enforc e this Section as of the first day of October next following s uch adoption and filing. Beginning January 1, 1993, an ordinan ce or resolution imposing, increasing, decreasing, or di scontinuing the tax hereunder shall be adopted and a c ertified copy thereof filed with the Department, whereupon t he Department shall proceed to administer and enforce this Sect ion as of the first day of the first month to occur not less than 60 days following such adoption and filing. Any ordinan ce or resolution of the Authority imposing a tax under thi s Section and in effect on August 1, 2007 shall remain in f ull force and effect and shall be administered by the Departm ent of Revenue under the terms and conditions and rates of tax established by such ordinance or resolution until the Department begins administering and enforcing an increased t ax under this Section as authorized by Public Act 95-708 . The tax rates authorized by Public Act 95-708 are eff ective only if imposed by ordinance of the Authority.

(n) Except as otherwise provided in this subsecti on (n), the State Department of Revenue shall, upon collecting any taxes as provided in this Section, pay the taxes ove r to the State Treasurer as trustee for the Authority. The taxes shall be held in a trust fund outside the State Treasury. If an airport-related purpose has been certifi ed, taxes and penalties collected in DuPage, Kane, Lake, McHenr y and Will counties on aviation fuel sold on or after December 1, 2019 from the 0.50% of the 0.75% rate shall be immediat ely paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Act for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the Authority. On or befo re the 25th day of each calendar month, the State Department of Revenue shall prepare and certify to the Comptroller of the Sta te of Illinois and to the Authority (i) the amount of taxes col lected in each county other th an Cook County in the metropolitan region, (not including , if an airport-related purpose has been certified, t he taxes and penalties collected from the 0.50% of the 0.75% rate on aviation fuel sold on or after December 1, 2019 that a re deposited into the Local Government Aviation Trust Fund ) (ii) the amount of taxes collected within the City of Chic ago, and (iii) the amount collected in that portion of Cook County outside of Chicago, each amount less the amount neces sary for the payment of refunds to taxpayers located in those ar eas described in items (i), (ii), and (iii), and less 1.5 % of the remainder, which shall be transferred from the trust fund into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the A uthority, shall prepare and certify to the State Comptroll er the amount to be transferred into the Tax Compliance and Administration Fund under this subsection. Within 10 days after receipt by the Comptroller of the certification of th e amounts, the Comptroller shall cause an order to be drawn for the transfer of the amount certified into the Tax Comp liance and Administration Fund and the payment of two-third s of the amounts certified in item (i) of this subsection to t he Authority and one-third of the amounts certified in item (i) of this subsection to the respective counties ot her than Cook County and the amount certified in items (i i) and (iii) of this subsection to the Authority. In addition to the disbursement required by the prec eding paragraph, an allocation shall be made in July 1991 and each year thereafter to the Regional Transportation Author ity. The allocation shall be made in an amount equal to the average monthly distribution during the preceding cale ndar year (excluding the 2 months of lowest receipts) and t he allocation shall include the amount of average monthly distribution from the Regional Transportation Authority Occupa tion and Use Tax Replacement Fund. The distribution made in July 1992 and each year thereafter under this paragraph and the preceding paragraph shall be reduced by the amou nt allocated and disbursed under this paragraph in the precedi ng calendar year. The Department of Revenue shall pr epare and certify to the Comptroller for disbursement the alloc ations made in accordance with this paragraph. (o) Failure to adopt a budget ordinance or otherwise to co mply with Section 4.01 of this Act or to adopt a Five-ye ar Capital Program or otherwise to comply with paragraph (b) of Section 2.01 of this Act shall not affect the v alidity of any tax imposed by the Authority otherwise in c onformity with law. (p) At no time shall a public transportation tax or motor vehicle parking tax authori zed under paragraphs (b), (c), and (d) of this Section be i n effect at the same time as any retailers' occupation, use or service occupation tax authorized under paragraphs (e), (f), and (g) of this Section is in effect. A ny taxes imposed under the authority provided in paragraphs ( b), (c), and (d) shall remain in effect only until the time as any tax authorized by paragraph (e), (f), or (g) of th is Section is are imposed and becomes effective. Once any tax authorized b y paragraph (e), (f), or (g) is imposed the Board may not r eimpose taxes as authorized in paragraphs (b), (c), a nd (d) of the Section unless any tax authorized by paragraph (e), (f), or (g) of this Section becomes inef fective by means other than an ordinance of the Board.

(q) Any existing rights, remedies and obligations (incl uding enforcement by the Regional Transportation Authority) ar ising under any tax imposed under paragraph (b), (c), or (d) of this Section shal l not be affected by the imposition of a tax under paragra ph (e), (f), or (g) of this Section.(Source: P. A. 102-700, eff. 4-19-22; 103-592 , eff. 1-1-25; 103-781, eff. 8-5-24; revised 11-26-24.) Section 615. The School Code is amended by changing Sections 1D-1, 2-3.25f, 2-3.169, 5-1, 5-2.2, 5-13, 10-16a, 10-22.3f, 10-22.6, 10-22.22, 10-22.24b, 10-22.36, 14A-32, 18-8.1 5, 19-1, 21B-50, 22-94, 24-4.1, 24A-2.5, 24A-5, 27A-5, 34-18, 34- 18.68, 34-22.6, 34-22.10, and 34A-502 and by setting forth and renumbering multiple versions of Sections 2-3.204, 27-23.17, and 34-18.85 as fo llows: (105 ILCS 5/1D-1) (Tex t of Section from P.A. 100-55 and 103-594) Se c. 1D-1. Block grant funding.

(a) For fiscal year 1996 and each fiscal year thereafter, the State Board of Education shall award to a school district having a population exceeding 500,000 inhabitants a gener al education block grant and an educational services block grant, deter mined as provided in this Section, in lieu of distributing to the district separate State funding for the programs described in subsections (b) and (c). The provisions of this Section, however, d o not apply to any federal funds that the district is entitled to receive. In accordance with Section 2-3.32, all block grants are subject to an audit. Therefore, block grant receipts and block gr ant expenditures shall be recorded to the appropriate fund code for the designated block grant. (b) The general education block grant shall include the following programs: REI In itiative, Summer Bridges, K-6 Comprehensive Arts, School Improvement Suppo rt, Urban Education, Scientific Literacy, Substance Abuse Prevention, Second Language Planning, Staff Development, Outcomes and Assessment, K-6 Reading Improvement, 7-12 Continu ed Reading Improvement, Truants' Optional Education, Hispa nic Programs, Agriculture Education, Report Cards, and Crimina l Background Investigations. The general education block gra nt shall also include Preschool Education, Parental Training, a nd Prevention Initiative through June 30, 2026. Not withstanding any other provision of law, all amounts paid un der the general education block grant from State appropriation s to a school district in a city having a population exceedi ng 500,000 inhabitants shall be appropriated and expended by the board of that district for any of the programs included in t he block grant or any of the board's lawful purposes. Beginni ng in Fiscal Year 2018, at least 25% of any additional Preschool Education, Parental Training, an d Prevention Initiative program funding over and above t he previous fiscal year's allocation shall be used to fund pro grams for children ages 0-3. Beginning in Fiscal Year 2018, funding for Preschool Education, Parental Traini ng, and Prevention Initiative programs above the allocatio n for these programs in Fiscal Year 2017 must be used solely as a supple ment for these programs and may not supplant funds received f rom other sources. (b-5) Beginning i n Fiscal Year 2027, the Department of Early Childhood shall a ward a block grant for Preschool Education, Parental Training, and Prevention Initiative to a school district having a popu lation exceeding 500,000 inhabitants. The grants are subject to audit. Therefore, block grant receipts and block grant expend itures shall be recorded to the appropriate fund code for the d esignated block grant. Notwithstanding any other provision of l aw, all amounts paid under the block grant from State appropri ations to a school district in a city having a population e xceeding 500,000 inhabitants shall be appropriated and exp ended by the board of that district for any of the programs i ncluded in the block grant or any of the board's lawful purpo ses. The district is not required to file any application or other c laim in order to receive the block grant to which it is entitl ed under this Section. The Department of Early Childhood shall make payments to the district of amounts due under th e district's block grant on a schedule determined by the Department. A school district to which this Sect ion applies shall report to the Department of Early Childhood on its use of the block grant in such form and detail a s the Department may specify. In addition, the report must in clude the following description for the district, whic h must also be reported to the General Assembly: block grant al location and expenditures by program; population and service l evels by program; and administrative expenditures by program. The Department shall ensure that the reporting requirements for the district are the same as for all other school distri cts in this State. Beginning in Fiscal Year 2018, at leas t 25% of any additional Preschool Education, Parental Training, and Prevention Initiative program funding over and above th e previous fiscal year's allocation shall be used to fund pro grams for children ages 0-3. Beginning in Fiscal Year 2018 , funding for Preschool Education, Parental Training, and P revention Initiative programs above the allocation for these pr ograms in Fiscal Year 2017 must be used solely as a supple ment for these programs and may not supplant funds received from other sources. (c) The educational services block grant shall include the following programs: Reg ular and Vocational Transportation, State Lunch and Fre e Breakfast Program, Special Education (Personnel, Transport ation, Orphanage, Private Tuition), funding for children requ iring special education services, Summer School, Educational S ervice Centers, and Administrator's Academy. This subsection (c) does not relieve the district of its obligation to provide the services required under a program that is included with in the educational services block grant. It is the intention o f the General Assembly in enacting the provisions of this subse ction (c) to relieve the district of the administrative burde ns that impede efficiency and accompany single-program f unding. The General Assembly encourages the board to pursue mand ate waivers pursuant to Section 2-3.25g. The funding program included in the educational se rvices block grant for funding for children requiring special e ducation services in each fiscal year shall be treated in that fiscal year as a payment to the school district in res pect of services provided or costs incurred in the prior fi scal year, calculated in each case as provided in this Sect ion. Nothing in this Section shall change the nature of pa yments for any program that, apart from this Section, wou ld be or, prior to adoption or amendment of this Section, w as on the basis of a payment in a fiscal year in respect of services provided or costs incurred in the prior f iscal year, calculated in each case as provided in this Section. (d) For fiscal year 1996 and each fiscal year thereafter, the amount of the district' s block grants shall be determined as follows: (i) with respect to each program that is included within each block grant, the district shall receive an amount equal to the same percentage of t he current fiscal year appropriation made for that progr am as the percentage of the appropriation received by the dis trict from the 1995 fiscal year appropriation made for th at program, and (ii) the total amount that is due the d istrict under the block grant shall be the aggregate of the amounts that the district is entitled to receive for the fiscal year with respect to each program that is included within the block grant that the State Board of Education shall awa rd the district under this Section for that fiscal year. In the case of the Summer Bridges program, the amount of the di strict's block grant shall be equal to 44% of the amount of the current fiscal year appropriation made for that progra m. (e) The district is not required to file any application or other claim in order to receive the block gr ants to which it is entitled under this Section. The State Board of Education shall make payments to the district of amo unts due under the district's block grants on a schedule deter mined by the State Board of Education. (f) A school district to which this Section applies shall rep ort to the State Board of Education on its use of the block g rants in such form and detail as the State Board of Educatio n may specify. In addition, the report must include the follo wing description for the district, which must also be reported to the General Assembly: block grant allocation and expenditur es by program; population and service levels by program; and a dministrative expenditures by program. The State Board of E ducation shall ensure that the reporting requirements for the d istrict are the same as for all other school districts in th is State. (g) This paragraph provides for t he treatment of block grants under Article 1C for purposes of calculating the amount of block grants for a district under this Section. Those block gr ants under Article 1C are, for this purpose, treated as included in the amount of appropriation for the various programs set forth in paragraph (b) above. The appropriation in each curre nt fiscal year for each block grant under Article 1C shall be treated for these purposes as appropri ations for the individual program included in that block g rant. The proportion of each block grant so allocated to each s uch program included in it shall be the proportion which the ap propriation for that program was of all appropriations for such purposes now in that block grant, in fiscal 1995.

Payments to the school district under this Section with respect to each program for which payments t o school districts generally, as of the date of this amendatory Act of the 92nd General Assembly, are on a reimbur sement basis shall continue to be made to the district on a reimbursement basis, pursuant to the provisions of this Code governing those programs. ( h) Notwithstanding any other provision of law, any school distr ict receiving a block grant under this Section may classify all or a portion of the funds that it receives in a particula r fiscal year from any block grant authorized under this Code or from general State aid pursuant to Section 18- 8.05 of this Code (other than supplemental general State aid) a s funds received in connection with any funding program for w hich it is entitled to receive funds from the State in th at fiscal year (including, without limitation, any fundin g program referred to in subsection (c) of this Section), regardless of the source or timing of the receipt. The distr ict may not classify more funds as funds received in connection with the funding program than the district is entitled to receive in that fiscal year for that program. Any classification by a district must be made by a resolution of its board of educati on. The resolution must identify the amount of any block grant or general State aid to be classified under this subsection ( h) and must specify the funding program to which the funds are to be treate d as received in connection therewith. This resolution is c ontrolling as to the classification of funds referenced therein. A certified copy of the resolution must be sent to t he State Superintendent of Education. The resolution shall st ill take effect even though a copy of the resolution has not been sent to the State Superintendent of Education in a timel y manner. No classification under this subsection (h) by a dis trict shall affect the total amount or timing of money the d istrict is entitled to receive under this Code. No classifica tion under this subsection (h) by a district shall in an y way relieve the district from or affect any requireme nts that otherwise would apply with respect to the block g rant as provided in this Section, including any accountin g of funds by source, reporting expenditures by original sourc e and purpose, reporting requirements, or requirements of pro vision of services.(Source: P.A. 100-55, eff. 8-11-17; 103-594, eff. 6-25-24.) (Text of Section fr om P.A. 100-465 and 103-594) Sec. 1D-1. Block grant funding. (a) For fiscal year 1996 through fiscal year 2017, the State Board of Education shall award to a school district having a population exceeding 500,000 inhabitants a general education block grant and an educational services block grant , determined as provided in this Section, in lieu of distri buting to the district separate State funding for the program s described in subsections (b) and (c). The provisions of this Section, however, do not apply to any federal funds that the d istrict is entitled to receive. In accordance with Section 2-3.32, all block grants are subject to an audi t. Therefore, block grant receipts and block grant expe nditures shall be recorded to the appropriate fund code for the designated block grant. (b) The general education block grant shall include the following programs: REI Initiative, Summer Bridges, Preschool At Risk, K-6 Comprehensive Arts, School Impr ovement Support, Urban Education, Scientific Literacy, Substance Abuse Prevention, Seco nd Language Planning, Staff Development, Outcomes and Assessment, K-6 Reading Improvement, 7-12 Continued Reading Improvement, Truants' Optional E ducation, Hispanic Programs, Agriculture Education, Report Cards, and Criminal Background Investigations. The general education block grant shall also include Preschool Education, P arental Training, and Prevention Initiative through June 30, 2026. Notwithstanding any other provision of law, all amounts paid under the general education block grant from State appropriations to a school district in a city having a population exceeding 500,000 inhabitants shall be appropriat ed and expended by the board of that district for any of the pro grams included in the block grant or any of the board's lawfu l purposes. (b-5) Beginning in Fiscal Year 2027, the Department of Early Childhood shall award a block grant for Preschool Educat ion, Parental Training, and Prevention Initiative to a school district having a population exceeding 500,000 inhabitants. The gra nts are subject to audit. Therefore, block grant recei pts and block grant expenditures shall be recorded to the appropriate fund code for the designated block grant. Notwithstand ing any other provision of law, all amounts paid under the b lock grant from State appropriations to a school district in a city having a population exceeding 500,000 inhabitants shall be appropriated and expended by the board of that distr ict for any of the programs included in the block grant or any of the board's lawful purposes. The district is not requi red to file any application or other claim in order to receive the block grant to which it is entitled und er this Section. The Department of Early Childhood shall make p ayments to the district of amounts due under the district' s block grant on a schedule determined by the Department. A school district to which this Sect ion applies shall report to the Department of Early Childhood on its use of the block grant in such form and detail a s the Department may specify. In addition, the report must in clude the following description for the district, whic h must also be reported to the General Assembly: block grant al location and expenditures by program; population and service l evels by program; and administrative expenditures by program. The Department shall ensure that the reporting requirements for the district are the same as for all other school distri cts in this State. Beginning in Fiscal Year 2018, at leas t 25% of any additional Preschool Education, Parental Training, and Prevention Initiative program funding over and above th e previous fiscal year's allocation shall be used to fund pro grams for children ages 0-3. Beginning in Fiscal Year 2018 , funding for Preschool Education, Parental Training, and P revention Initiative programs above the allocation for these pr ograms in Fiscal Year 2017 must be used solely as a supple ment for these programs and may not supplant funds received from other sources. (b-10).

(c) The educational services block grant sh all include the following programs: Regular and Vocatio nal Transportation, State Lunch and Free Breakfast Program, Special Education (Personnel, Transportation, Orphanage, Priv ate Tuition), funding for children requiring special education services, Summer School, Educational Service Centers, and Ad ministrator's Academy. This subsection (c) does not relieve th e district of its obligation to provide the services require d under a program that is included within the educational serv ices block grant. It is the intention of the General Assembly i n enacting the provisions of this subsection (c) to relieve t he district of the administrative burdens that impede efficien cy and accompany single-program funding. The General Assem bly encourages the board to pursue mandate waivers pursuant to Section 2-3.25g. The funding program included in the educational services block grant for f unding for children requiring special education services in eac h fiscal year shall be treated in that fiscal year as a payment to the school district in res pect of services provided or costs incurred in the prior fi scal year, calculated in each case as provided in this Sect ion. Nothing in this Section shall change the nature of pa yments for any program that, apart from this Section, wou ld be or, prior to adoption or amendment of this Section, w as on the basis of a payment in a fiscal year in respect of services provided or costs incurred in the prior f iscal year, calculated in each case as provided in this Section. (d) For fiscal year 1996 through fiscal year 2017, the amount of the district's block grants shall be determined as follows: (i) with respect to eac h program that is included within each block grant, the distric t shall receive an amount equal to the same percentage of the curr ent fiscal year appropriation made for that program as t he percentage of the appropriation received by the district f rom the 1995 fiscal year appropriation made for that prog ram, and (ii) the total amount that is due the district under the block grant shall be the aggregate of the amount s that the district is entitled to receive for the fiscal year w ith respect to each program that is included within the blo ck grant that the State Board of Education shall award the district under this Section for that fiscal year. In the cas e of the Summer Bridges program, the amount of the district' s block grant shall be equal to 44% of the amount of the cu rrent fiscal year appropriation made for that program. (e) The district is not required to fil e any application or other claim in order to receive the block grants to which it is entitled under this Section. The State Boa rd of Education shall make payments to the district of amount s due under the district's block grants on a schedule deter mined by the State Board of Education. (f) A school district to which this Section applies shall rep ort to the State Board of Education on its use of the block g rants in such form and detail as the State Board of Educatio n may specify. In addition, the report must include the follo wing description for the district, which must also be reported to the General Assembly: block grant allocation and expenditur es by program; population and service levels by program; and a dministrative expenditures by program. The State Board of E ducation shall ensure that the reporting requirements for the d istrict are the same as for all other school districts in th is State. (g) Through fiscal year 2017, thi s paragraph provides for the treatment of block grants under Article 1C for purposes of calcu lating the amount of block grants for a district under th is Section. Those block grants under Article 1C are, for this pu rpose, treated as included in the amount of appropriation for the various programs set forth in paragraph (b) above. The a ppropriation in each current fiscal year for each block grant under Article 1C shall be treated for these purposes as appropriations for the individual progra m included in that block grant. The proportion of each block gr ant so allocated to each such program included in it shall be t he proportion which the appropriation for that program was of all appropriations for such purposes now in that bl ock grant, in fiscal 1995. Payments to the school district under this Section with respect to each pr ogram for which payments to school districts generally, as of t he date of this amendatory Act of the 92nd General Assembly, are on a reimbursement basis shall continue to be made to the district on a reimbursement basis, purs uant to the provisions of this Code governing those progra ms. (h) Notwithstanding any other provision o f law, any school district receiving a block grant under thi s Section may classify all or a portion of the funds that i t receives in a particular fiscal year from any blo ck grant authorized under this Code or from general State aid pursuant to Section 18-8.05 of this Code (other than su pplemental general State aid) as funds received in connection with any funding program for which it is entitled to receive f unds from the State in that fiscal year (including, without limitation, any funding program referred to in subsection (c) of this Section), regardless of the source or timing of the receipt. The district may not classify more funds as funds r eceived in connection with the funding program than the district is entitled to receive in that fiscal year for that program. Any classification by a district must be made by a resolution of its board of educati on. The resolution must identify the amount of any block grant or general State aid to be classified under this subsection ( h) and must specify the funding program to which the funds are to be treate d as received in connection therewith. This resolution is c ontrolling as to the classification of funds referenced therein. A certified copy of the resolution must be sent to t he State Superintendent of Education. The resolution shall st ill take effect even though a copy of the resolution has not been sent to the State Superintendent of Education in a timel y manner. No classification under this subsection (h) by a dis trict shall affect the total amount or timing of money the d istrict is entitled to receive under this Code. No classifica tion under this subsection (h) by a district shall in an y way relieve the district from or affect any requireme nts that otherwise would apply with respect to the block g rant as provided in this Section, including any accountin g of funds by source, reporting expenditures by original sourc e and purpose, reporting requirements, or requirements of pro vision of services.(Source: P.A. 100-465, eff. 8-31-17; 103-594, eff. 6-25-24; revised 10-21-24.) (105 ILCS 5/2-3.25f) (from Ch. 122, par. 2-3.25f

) Sec. 2-3.25f. State interventions. (a) The State Board of E ducation shall provide technical assistance to scho ols in school improvement status to assist with the developme nt and implementation of Improvement Plans. Schools or school districts that fail to make reasonable e fforts to implement an approved Improvement Plan may suffer los s of State funds by school district, attendance center, or pro gram as the State Board of Education deems appropriate. (a-5) (Blank). (b) Schools that receive Targeted Support or Comprehen sive Support designations shall enter a 4-year cyc le of school improvement status. If, at the end of the 4-year cycle, the school fails to meet the exit criteria specified in the State Plan referenced in subsection (b) of Sectio n 2-3.25a of this Code, the school shall escalate to a more intensive interventi on. Targeted Support schools that remain Targeted for one or more of the same student groups as in the initial identification afte r completion of a 4-year cycle of Targeted School Improvement shall be redesignated as Comprehensive Support schools, as provided in paragraph (2.5) of subse ction (a) of Section 2-3.25d-5 of this Code. Comp rehensive Support schools that remain in the lowest-performing 5% after co mpletion of a 4-year cycle of Comprehensive School Improvement shall be redesignated as Intensive Support school s and shall escalate through more rigorous, tiered support, de veloped in consultation with the Balanced Accountability Measure Committee an d other relevant stakeholder groups, wh ich may ultimately result in the (i) change of recognition status of the school district or school to nonrecognized or (ii) authorization for the State Superintendent of Education to direct the reassignment of pupils or direct the reassignment or repl acement of school or school district personnel. If a school distric t is nonrecognized in its entirety, for any reason, including those not related to performance in the accountabi lity system, it shall automatically be dissolved on July 1 fo llowing that nonrecognition and its territory realigned with another school district or districts by the regional board of sch ool trustees in accordance with the procedures set forth in Se ction 7-11 of the School Code. The effective date of the nonrecogni tion of a school shall be July 1 following the nonrecognitio n. (b-5) The State Board of Educati on shall also develop a system to provide assistance and resour ces to lower performing school districts. At a minimum, th e State Board shall identify school districts to receive In tensive, Comprehensive, and Targeted Support. The school distri ct shall provide the exclusive bargaining representative with a 5-day notice that the district has had one or more schools within the district identified as being in Compreh ensive or Intensive School Improvement Status. In addition, t he State Board may, by rule, develop other categories of low -performing schools and school districts to receive services. The State Board of Education shall work with districts with one or more schools i n Comprehensive or Intensive School Improvement Status, through technical assistance and professional development, based on the results of the needs assessment under Secti on 2-3.25d-5 of this Code, to develop and implement a c ontinuous improvement plan that would increase outcomes for stu dents. The plan for continuous improvement shall b e based on the results of the needs assessment and shall be us ed to determine the types of services that are to be provided t o each Comprehensive and Intensive School. Potential services m ay include, but are not limited to, monitoring adult and s tudent practices, reviewing and reallocating district re sources, developing a district and school leadership team, providin g access to curricular content area specialists, and providin g online resources and professional development. The support provided by a vendor or learning partner approved to support a school's continuous improvement plan related t o English language arts must be based on the comprehensive l iteracy plan for the State developed by the State Board of Education under Section 2-3.200 2-3.196, as added by Public Act 103-402. The St ate Board of Education may require districts with one or more Comprehens ive or Intensive Schools identified as having deficienc ies in one or more core functions of the needs assessmen t to undergo an accreditation process. (c) All federal requirements apply to schools and sc hool districts utilizing federal funds under Title I, Part A of the federal Elementary and Secondary Education Act of 196 5.(Source: P.A. 103-175, eff. 6-30-23; 103-735, eff. 1-1-25; revised 11-26-24.)

(105 ILCS 5/2-3.169) S ec. 2-3.169. State Global Scholar Certification. (a) The State Global Scholar Certification Prog ram is established to recognize recognized public and nonpublic high school graduates who have attained global compet ence. State Global Scholar Certification shall be awarded beginning with the 2 017-2018 school year. School district or nonpublic school participation in this certification is voluntary. (b) The purposes of State Global Scholar Certifi cation are as follows: (1) To re cognize the value of a global education. (2) To certify attainment of global competen ce. (3) To provide employers with a method of identifying globally competent employees. (4) To provide colleges and universities with an additional method to recognize applicants se eking admission. (5) To prepare students with 21st century skills. (6) To encourage the development of a globally ready workforce in the STEM (science, technology, engineering, and mathemati cs), manufacturing, agriculture, and service sectors. (c) State Global Schola r Certification confirms attainment of global competence, su fficient for meaningful use in college and a career, by a gra duating public or nonpublic high school student. (d) The State Board of Education shall adopt such rules as may be necessary to establish the criteria that students mu st achieve to earn State Global Scholar C ertification, which shall minimally include attainment of 6 globally focused courses, service learning experiences, global collaboration or dialogue, and passage of a c apstone project demonstrating global competency, as approved by the participating school district or nonpublic school f or this purpose. (e) The S tate Board of Education shall do both of the follo wing: (1) Prepare and deliver to participating school districts or nonpublic schools an ap propriate mechanism for designating State Global Scholar Ce rtification on the diploma and transcript of a student in dicating that the student has been awarded State Global Sc holar Certification by the State Board of Education. (2) Provi de other information the State Board of Education deems necessa ry for school districts or nonpublic schools to successfully p articipate in the certification. (f) A school district or nonpublic school that participates in certification under this Section s hall do both of the following: (1) Maintain appropriate records in order to iden tify students who have earned State Global Scholar Certificatio n. (2) Make the appropr iate designation on the diploma and transcript of each stud ent who earns State Global Scholar Certification. (g) No fee may be charged to a student to receive t he designation pursuant to the Section. Notwithstanding this prohibition, costs may be incurre d by the student in demonstrating proficiency. (h) The State Board of Education shall adopt such rules as may be necessary to provide student s attending schools that do not offer State Gl obal Scholar Certification the opportunity to earn State Global Scholar Cert ification remotely beginning with the 2026-2027 s chool year. These rules shall include, but are not limited to, a list of all school courses and course codes derived from the State Board of Educat ion's Illinois State Course Catalog and Illinoi s Virtual Course Catalog that are designated as and qualify as globally focused coursework.

If the provider of the online course determines and can demo nstrate that a student meets all of the criter ia required to earn State Global Scholar Cer tification, then the school district or nonpublic school s hall designate that the student has earned State Globa l Scholar Certification on the student's diploma and transcript. A school district or no npublic school shall provide, upon the request of a studen t, evidence to the student that the student has compl eted at least 6 globally focused courses required to ear n State Global Scholar Certification for the student to sub mit to the provider of the online course. A s tudent enrolled in a school district or nonpublic school that awarded State Global Scholar Certification prior to the 2026-2027 school year and offered a course to complete the capstone project requirement prior to the 2026-2027 school year may not earn State Global Scholar Certification remotely u nder this subsection (h). (Source: P.A. 103-352, eff. 7-28-23; 103-979, eff. 1-1-25; revise d 11-26-24.) (105 ILCS 5/2-3.204) Sec. 2-3.204. Type 1 diabetes informati onal materials. (a) The Stat e Board of Education, in coordination with the Department of Public Health, shall develop type 1 dia betes informational materials for the parents and guardians of students. The informational materials shall be made av ailable to each school district and charter school on the St ate Board's Internet website. Each school district and charter school shal l post the informational materials on the school dist rict's or charter school's website, if any. (b) Information developed pursuant to this Section may include, but is not limited to, all of the following: (1) A description of type 1 diabetes. (2) A description of th e risk factors and warning signs associated with type 1 diabetes.

(3) A recommendation regarding a student displaying warning signs associated wit h type 1 diabetes that the parent or guardian of the student should immediately consul t with the student's primary care provider to determine if immediate screening for type 1 diabetes is appropriate. (4) A description of the screening process for type 1 diabetes and the implications of test r esults. (5) A recommen dation that, following a type 1 diabetes diagnosis, the parent or guardian should consult with the student's primary c are provider to develop an appropriate treatment plan, whic h may include consultation with and examination by a special ty care provider, including, but not limited to, a properly qualif ied endocrinologist. (Source: P.A. 103-641, eff. 7-1-24.) (105 ILCS 5/2-3.205) Sec. 2-3.205 2-3.204. Air quality resources. The Stat e Board of Education shall, in consultation with the De partment of Public Health, compile resources for elem entary and secondary schools relating to indoor air quality in schools, including best practices for assessi ng and maintaining ventilation systems and information on any potential State or federal funding sourc es that may assist a school in identifying ventilation needs. The State Boar d of Education shall compile these resources in consultation with stakeholders, including, but not limited to, the Depa rtment of Public Health, local public health professionals , ventilation professionals affiliated with a Department of Labor apprenticeship program, licensed design profess ionals, representatives from regional offices of education, school di strict administrators, teachers, or any other relevant professionals, stakeholders, or representatives of Stat e agencies. No later than 30 days after resources are compiled under this Section, the State Board of Education shall implement outreach strategies to make the compiled resources available to elementary and secondary schools, including publication o f the compiled resources on the State Board of Education's web site. The State Board of Education may, in consultation with the Department of Public Health or any other relevant s takeholders, update the compiled resources as necessary .(Source: P.A. 103-736, eff. 1-1-25; revised 12-3-24.) (105 ILCS 5/5-1) (from Ch. 122, par. 5-1) Sec. 5-1. County school units. (a) The territory in ea ch county, exclusive of any school district governed by any special act which requires the district to appoint its own school treasurer, shall constitute a county school u nit. County school units of less than 2,000,000 inhabitan ts shall be known as Class I county school units and the offi ce of township trustees, where existing on July 1, 1962 , in such units shall be abolished on that date and all books and records of such former township trustees shall be fo rthwith thereafter transferred to the county board of school trustees. County school units of 2,000,000 or more inhabi tants shall be known as Class II county school units and shall retain the office of township trustees unless otherwise provided in subsection (b ), (c), or (d), or shall be administered as provided in Section 5-2.2. (b) Notwithstanding subse ctions (a) and (c), the school board of any elementary school district having a fall, 1989 aggregate enrollment of at leas t 2,500 but less than 6,500 pupils and having boundaries that are coterminous with the boundaries of a high school district, and the school board of any high sc hool district having a fall, 1989 aggregate enrollment o f at least 2,500 but less than 6,500 pupils and having boundari es that are coterminous with the boundaries of an eleme ntary school district, may, whenever the territory of such sch ool district forms a part of a Class II county school unit, b y proper resolution withdraw such school district from the juris diction and authority of the trustees of schools of the towns hip in which such school district is located and from the j urisdiction and authority of the township treasurer in suc h Class II county school unit; provided that the school board o f any such school district shall, upon the adoption and passag e of such resolution, thereupon elect or appoint its own school treasurer as provided in Section 8-1. Upon the adoption and passage o f such resolution and the election or appointment by the school board of its own school treasurer: (1) the trustees of schools in such township shall no longer have or exercis e any powers and duties with respect to the school district governed by such school board or with respect to the school b usiness, operations or assets of such school district; and (2) all books and records of the township trustees relat ing to the school business and affairs of such school district shall be transferred and delivered to the school board of suc h school district. Upon the effective date of Public Act 88-155 this amendatory Act of 1993, the legal title to, and all right, title, and interest formerly held by the township t rustees in any school buildings and school sites used and oc cupied by the school board of such school district for scho ol purposes, that legal title, right, title, and interest thereafter having been transferred to and vested in the regional board of school trustees under Public Act P.A. 87-473 until the ab olition of that regional board of school trustees by Public Act P.A. 87-969, shall be deemed transferred by operation of law t o and shall vest in the school board of that school district. Notwithstanding subsections (a) and (c), the school boards of Oak Park & River Forest District 2 00, Oak Park Elementary School District 97, and River Fores t School District 90 may, by proper resolution, withdraw f rom the jurisdiction and authority of the trustees of schools of Pr oviso and Cicero Townships and the township treasurer, provided that the school board shall, upon the ad option and passage of the resolution, elect or appoint its own school treasurer as provided in Section 8-1 of this Code. Upon the ad option and passage of the resolution and the election or appoi ntment by the school board of its own school treasurer: (1) the trustees of schools in the township or townships shall no longer have or exercise any powers or duties with respect to the school district or with respect to the school business , operations, or assets of the school district; (2) all books and records of the trustees of schools and all moneys, securities, loanable funds, and other assets relati ng to the school business and affairs of the school district sha ll be transferred and delivered to the school boa rd; and (3) all legal title to and all right, title, and in terest formerly held by the trustees of schools in any common sch ool lands, school buildings, or school sites used and occupie d by the school board and all rights of property and caus es of action pertaining to or constituting a part of the co mmon school lands, buildings, or sites shall be deemed transfer red by operation of law to and shall vest in the school board.

Notwithstanding subsections (a) and ( c), the respective school boards of Berwyn North School District 98, Berwyn South School District 100, Cicero School District 99, an d J.S. Morton High School District 201 may, by proper resolution , withdraw from the jurisdiction and authority of the trust ees of schools of Cicero Township and the township treasurer, provided that the school board shall, upon the adoption and passage of the resolution, elect or appoint its own school tre asurer as provided in Section 8-1 of this Code. Upon the adoption and passage of the resolution and the election o r appointment by the school board of its own school treasu rer: (1) the trustees of schools in the township shall no longe r have or exercise any powers or duties with respect to the s chool district or with respect to the school business, opera tions, or assets of the school district; (2) all books and recor ds of the trustees of schools and all moneys, securities, loa nable funds, and other assets relating to the school busi ness and affairs of the school district shall be transferred and delivered to the school b oard; and (3) all legal title to and all right, title, a nd interest formerly held by the trustees of schools in any com mon school lands, school buildings, or school sites used and occupied by the school board and all rights of property and causes of action pertaining to or constituting a part of the common school lands, buildings, or sites shall be dee med transferred by operation of law to and shall vest in the school board. Notwithstanding subsectio ns (a) and (c) of this Section and upon final judgment, including the exhaustion of all appeals or a settlement between all p arties, regarding claims set forth in the case of Township Tr ustees of Schools Township 38 North, Range 12 East v. Lyons Township High School District No. 204 case N. 13 CH 23386 pending in 2018 in the Circuit Court of Cook County, Ill inois, County Department, Chancery Division, and all related pending claims, the school board of Lyons Township Hig h School District 204 may commence, by proper resolution, to withdraw from the jurisdiction and authority of the trustees of schools of Lyons Township and the township treasurer, p rovided that the school board shall, upon the adoption and passage of the resolution, elect or appoint its own school t reasurer as provided in Section 8-1 of this Code. Upo n the adoption and passage of the resolution and the election or appointment by the school board of its own school trea surer commencing with the first day of the succeeding fisc al year, but not prior to July 1, 2019: (1) the trustees of schools in the township shall no longer have or exercise any powers or duties with respect to the school district or with respec t to the school business, operations, or assets of the school district; (2) all books and records of the trustees of schools and all moneys, securities, loanable funds, and other assets re lating to the school business and affairs of the school dis trict shall be transferred and delivered to the school board , allowing for a reasonable period of time not to exceed 90 da ys to liquidate any pooled investments; and (3) all legal title to and all right, title, and interest formerly hel d by the trustees of schools in any common school lands, school buildings, or school sites used and occupied by the school boa rd and all rights of property and causes of action pertaining to or constituting a part of the common school lands, buildings, or sites shall be deemed transferred by operation of law to an d shall vest in the school board. The changes made to this Sec tion by Public Act 100-921 this amendatory Act of the 100th General Assembly are prospective only, starting from August 17, 2018 (the effective date of Public Act 100 -921) this amendatory Act of the 100th General Assembly, and shall not affect any legal action pending on August 17, 2018 (th e effective date of Public Act 100-921) this amendatory Act of the 100th Genera l Assembly in the Illinois courts in which Lyons Township High School District 204 is a listed party. Notwithstanding subsections (a) and (c), the school boards of Glenbrook High School District 225, Northbrook Ele mentary School District 27, Northbrook School District 28, Sunset Ridge School District 29, Northbrook/Glenview School D istrict 30, West Northfield School District 31, and Glenvi ew Community Consolidated School District 34 may, by prope r resolution, withdraw from the jurisdiction and authority o f the trustees of schools of Northfield and Maine Townships and the township treasurer, provi ded that the school board shall, upon the adoption and passage of the reso lution, elect or appoint its own school treasurer as provided in Section 8-1 of t his Code. Upon the adoption and passage of the resolution and the election or appointment by the school board of its own school treasurer: (1) the trustees of schools in the township or townships shall no longer have or exercise any powers or duties with respect to the school district or with respect to the school business, operations, or asset s of the school district; (2) all books and records of the tr ustees of schools and all moneys, securit ies, loanable funds, and other assets relating to the schoo l business and affairs of the school district shall be transf erred and delivered to the school board; and (3) all legal title to and all right, title, and interest formerly held by the trustees of schools in any common school lands, school buil dings, or school sites used and occupied by the school boar d and all rights of property and causes of action pertaining to or constituting a part of the common school lands, building s, or sites shall be deemed transferred by operation of la w to and shall vest in the school board. ( c) Notwithstanding the provisions of subsection (a), the offices of township treasurer and trustee of schools of any townshi p located in a Class II county school unit shall be abolished as provided in this subsection if all of the following con ditions are met: (1) D uring the same 30-day 30 day period, each school board of each elemen tary and unit school district that is subject to the jurisdicti on and authority of the township treasurer and trustees of sc hools of the township in which those offices are sought to be abolished gives written notice by certified mail, retu rn receipt requested to the township treasurer and trustees of schools of that township of the date of a meeting of t he school board, to be held not more than 90 nor less than 6 0 days after the date when the notice is given, at which meeting the school board is to consider and vote upon the question o f whether there shall be submitted to the electors of the school district a proposition to abolish the offices of townshi p treasurer and trustee of schools of that township. None of the notices given under this paragraph to the township treasurer and trustees of sc hools of a township shall be deemed sufficient or in compli ance with the requirements of this paragraph unless all of those notices are given within the same 30-day 30 day period. (2) Each school bo ard of each elementary and unit school district that is su bject to the jurisdiction and authority of the township tr easurer and trustees of schools of the township in which th ose offices are sought to be abolished, by the affirmat ive vote of at least 5 members of the school board at a sc hool board meeting of which notice is given as requ ired by paragraph (1) of this subsection, adopts a resolut ion requiring the secretary of the school board to certif y to the proper election authorities for submission to the electors of the school district at the next consolidated el ection in accordance with the general election law a pr oposition to abolish the offices of township treasurer and trustee of schools of that township. None of the resolutio ns adopted under this paragraph by any elementary or un it school districts that are subject to the jurisdiction and authority of the township treasurer and trustees of s chools of the township in which those offices are sought to be abolished shall be deemed in compliance with the requirements of this paragraph or sufficient to authorize sub mission of the proposition to abolish those offices to a referendum of the electors in any such school district unless all of the school boards of all of the elemen tary and unit school districts that are subject to the jur isdiction and authority of the township treasurer and t rustees of schools of that township adopt such a resoluti on in accordance with the provisions of this paragraph. (3) The school boards of al l of the elementary and unit school districts that are subject to the jurisdiction and authority of the town ship treasurer and trustees of schools of the township in which those offices are sought to be abolished submit a pr oposition to abolish the offices of township treasurer a nd trustee of schools of that township to the electors of their respective school districts at the same consolidated election in accordance with the general election law , the ballot in each such district to be in substantially t he following form: ------------------------------------------ OFFICIAL BALLOT Shall the offices o f township treasurer and YES trustee of

------------------------ schools of Township . .... NO Range ..... be abolished? ------- (4) At the consolidated electio n at which the proposition to abolish the offices of township treasurer and tru stee of schools of a township is submitted to the elector s of each elementary and unit school district that is subje ct to the jurisdiction and authority of the township tre asurer and trustee of schools of that township, a majority of the electors voting on the proposition in each s uch elementary and unit school district votes in favor o f the proposition as submitted to them. If in each elementary and unit school district that is su bject to the jurisdiction and authority of the township treasurer and trustees of schools of the township in which those offices are s ought to be abolished a majority of the electors in each such district voting at the con solidated election on the proposition to abolish the offices of township treasurer and trustee of schools of that township votes in favor of the proposition as submitte d to them, the proposition shall be deemed to have passed ; but if in any such elementary or unit scho ol district a majority of the electors voting on t hat proposition in that district fails to vote in fa vor of the proposition as submitted to them, then notwith standing the vote of the electors in any other such eleme ntary or unit school district on that proposition the prop osition shall not be deemed to have passed in any of those elementary or unit school districts, and th e offices of township treasurer and trustee of scho ols of the township in which those offices were soug ht to be abolished shall not be abolished, unless in each o f those elementary and u nit school districts remaining subject to the jurisdict ion and authority of the township treasurer and trustees o f schools of that township proceedings are again initiated to abolish those offices and all of the proceedings and con ditions prescribed in paragraphs (1) through (4) of this s ubsection are repeated and met in each of those elementary and unit school districts. Notwithstanding th e foregoing provisions of this Section or any other provision o f the School Code, the offices of township treasurer and trust ee of schools of a township that has a population of less tha n 200,000 and that contains a unit school district and is locate d in a Class II county school unit shall also be abolished as provided in this subsection if all of the conditions se t forth in paragraphs (1), (2), and (3) of this subsection are met and if the following additional condition is met: The electors in all of the sch ool districts subject to the jurisdiction and authority of the township treasurer and trustees of schools of the township in which those offices are sought to be abolished shall vot e at the consolidated election on the proposition to aboli sh the offices of township treasurer and trustee of schools of that township. If a majority of the electors in all of the s chool districts combined voting on the proposition vote in favor of the proposition, then the proposition shall be deem ed to have passed; but if a majority of the electors voting on the proposition in all of the school district fails to v ote in favor of the proposition as submitted to them, then the proposition shall not be deemed to have passed and the o ffices of township treasurer and trustee of schools of the town ship in which those offices were sought to be abolished shall no t be abolished, unless and until the proceedings detailed in p aragraphs (1) through (3) of this subsection and the conditions set forth in this paragraph are met.

If the proposition to abolish the offices of to wnship treasurer and trustee of schools of a township is deem ed to have passed at the consolidated election as provide d in this subsection, those offices shall be deemed abo lished by operation of law effective on January 1 of the calendar year immediately following the calendar yea r in which that consolidated election is held, provided that if after the election, the trustees of schools by reso lution elect to abolish the offices of township treasurer and trustee of schools effective on July 1 immediately fol lowing the election, then the offices shall be abolished on July 1 immediately following the election. On the dat e that the offices of township treasurer and trustee of sc hools of a township are deemed abolished by operation o f law, the school board of each elementary and unit schoo l district and the school board of each high school dis trict that is subject to the jurisdiction and authority of the township treasurer and trustees of schools of that t ownship at the time those offices are abolished: (i) sh all appoint its own school treasurer as pr ovided in Section 8-1; and (ii) unless the term of the contract of a township treasurer expires on the date that the office of township treasurer is abolished, shall pay to the former township treasurer its proportionate sha re of any aggregate compensation that, were the office of tow nship treasurer not abolished at that time, would have been payable to the former township treasurer after that date over the remainder of the term of the contract of th e former township treasurer that began prior to but ends after that date. In addition, on the date that the off ices of township treasurer and trustee of schools of a t ownship are deemed abolished as provided in this subsecti on, the school board of each elementary school, high schoo l, and unit school district that until that date is subject to the jurisdiction and authority of the township treasurer and trustees of schools of that township s hall be deemed by operation of law to have agreed and assumed to pay and, when determined, shall pay to the Illinois Municip al Retirement Fund a proportionate share of the unfunded liab ility existing in that Fund at the time these offices are aboli shed in that calendar year for all annuities or other benefits then or thereafter to become payable from that Fund with re spect to all periods of service performed prior to that d ate as a participating employee in that Fund by persons s erving during those periods of service as a trustee of schools , township treasurer or regular employee in the office of the township treasurer of that township. That unfunded liabil ity shall be actuarially determined by the board of trustee s of the Illinois Municipal Retirement Fund, and the board of trustees shall thereupon notify each school board required t o pay a proportionate share of that unfunded liability of the aggregate amount of the unfunded liability so determined. The amount so p aid to the Illinois Municipal Retirement Fund by each of thos e school districts shall be credited to the account of the township in that Fund. For each elementary school, high school, and unit school district under the jurisdic tion and authority of a township treasurer and trustees of schools of a township in which those offices are abolis hed as provided in this subsection, each such district's propo rtionate share of the aggregate compensation payable to the former township treasurer as provided in this paragraph and each such district's proportionate share of the aggregate amou nt of the unfunded liability payable to the Illinois Municipa l Retirement Fund as provided in this paragraph shall be c omputed in accordance with the ratio that the number of pupils in average daily attendance in each such district f or the school year last ending prior to the date on which the offices of township treasurer and trustee of schools of that township are abolished bears to the aggregate number of pupi ls in average daily attendance in all of those districts as so reported for that school year. Upon abo lition of the offices of township treasurer and trustee of schools of a township as provided in this subsection: (i) the r egional board of school trustees, in its corporate capacity, shall be deemed the s uccessor in interest to the former trustees of schools of t hat township with respect to the common school lands and town ship loanable funds of the township; (ii) all right, title, and interest existing or vested in the former trustees of schools of that township in the common school l ands and township loanable funds of the township, and all reco rds, moneys, securities and other assets, rights of prope rty and causes of action pertaining to or constituting a part of those common school lands or township loanable funds, sha ll be transferred to and deemed vested by operation of law in the regional board of school trustees, which shall hold le gal title to, manage, and operate all comm on school lands and township loanable funds of the township, re ceive the rents, issues, and profits ther efrom, and have and exercise with respect thereto the same powers and duties as are provided by this Code to be exercised by regional boards of school trustee s when acting as township land commissioners in counties havin g at least 220,000 but fewer than 2,000,000 inhabitants; (iii) the regional board of school trustees shall select to s erve as its treasurer with respect to the common school lands a nd township loanable funds of the township a person from time to time also servin g as the appointed school treasurer of any school district that was subject to the jurisdiction and authority of the townsh ip treasurer and trustees of schools of that township at the time those offices were abolished, and the person selecte d to also serve as treasurer of the regional board of s chool trustees shall have his compensation for services in t hat capacity fixed by the regional board of school trustees , to be paid from the township loanable funds, and shall make to the regional boar d of school trustees the reports required to be made by tre asurers of township land commissioners, give bond as required by treasurers of township land commissioners, and perform the duties and exercis e the powers of treasurers of township land commissioners; (iv) the regional board of school trustees shall designate i n the manner provided by Section 8-7, insofar as appli cable, a depositary for its treasurer, and the proceeds of all rents, issues, and profits from the common school lands and township loanable funds of that township sha ll be deposited and held in the account maintained for t hose purposes with that depositary and shall be expended an d distributed therefrom as provided in Section 15-24 and other applicable provisions of this Code; and (v) whenever there is vested in the trustees of schools of a township at t he time that office is abolished under this subsection the l egal title to any school buildings or school sites used or occupied for school purposes by any elementary school, high sch ool, or unit school district subject to t he jurisdiction and authority of those trustees of school at the time that office is abolished, the legal title to t hose school buildings and school sites shall be deemed tran sferred by operation of law to and invested in the school bo ard of that school district, in its corporate capacity under Se ction 10-22.35B of this Code, the same to be held, so ld, exchanged, leased, or ot herwise transferred in accordance with applicable provisions of this Code. Notwithstanding Section 2-3.25g of t his Code, a waiver of a mandate established under this Section may not be requested. (d) Notwithstanding an y other provision of law, any school district that forms a part o f a Class II county school unit may, by a resolution adopte d by at least two-thirds of the members of the school boar d of a school district, withdraw a school district from the ju risdiction and authority of the trustees of schools of the town ship in which such school district is located and from the jurisdiction and autho rity of the township treasurer of the township in which such sc hool district is located, provided that the school boar d of the school district shall, upon the adoption and pas sage of such resolution, thereupon elect or appoint its own s chool treasurer as provided in Section 8-1 of this Code. T he appointed school treasurer may include a township treasurer. The school board may enter into a contractual or intergovernmental agreement with an appointed schoo l treasurer for school treasurer services. Upon adoption and passa ge of the resolution and the election or appointment by the scho ol board of its own school treasurer commencing with the first day of the succeed ing fiscal year, but not prior to July 1, 2025: (1) the tru stees of schools in the township or townships shall no longe r have or exercise any powers or duties with respect to the schoo l district or with respect to the school business, operations , or assets of the school district; (2) all books and recor ds of the trustees of schools and all moneys, securities, loanable funds, and other assets relating to the school busine ss and affairs of the school district shall be transferred a nd delivered to the school board; and (3) all legal title t o and all right, title, and interest formerly held by the tru stees of schools in any common school lands, school bu ildings, or school sites used and occupied by the school boar d and all rights of property and causes of action pertaining to or constituting a part of the common school la nds, buildings, or sites shall be deemed transferred by operati on of law to and shall vest in the school board. (Source: P.A. 103-144, eff. 6-30-23; 103-790, eff. 8-9-24; revis ed 10-21-24.) (105 ILCS 5/5-2.2) Sec. 5-2.2. Designation of trustees. After the April 5, 2011 consolidated elec tion, the trustees of schools in Township 36 North, Range 13 Ea st shall no longer be elected pursuant to the provisions of S ections 5-2, 5-2.1, 5-3, 5-4, 5-12, and 5-13 of this Code. Any such trustees ele cted before such date may complete the term to which that trus tee was elected, but shall not be succeeded by election. Inst ead, the board of education or board of school directors of each of the elementary and high school districts that are s ubject to the jurisdiction of Township 36 North, Range 13 East shall appoint one of the members to serve as trustee of schools. The trustees of schools shall be appointed by each b oard of education or board of school directors within 60 days after December 8, 2011 (the effective date of Public Act 97-631) this amendatory Act of the 97th General Assem bly and shall reorganize within 30 days after all the trustees of schoo ls have been appointed or within 30 days after all the trustees of schools were due to have been appointed, whiche ver is sooner. Trustees of schools so appointed shall s erve at the pleasure of the board of education or board of s chool directors appointing them, but in no event longer than 2 years unless reappoint ed. After the April 4, 2023 consolidated election, no tr ustees of schools shall be elected. Any trustees elected o r appointed on or before April 4, 2023 may complete the term t o which that trustee was trustees elec ted or appointed, but may not be succeeded by election. Each school board of each school district that is a part of a Class II county school unit shall appoint one member of the school boa rd or one school employee to serve as trustee of schools of the township in which such school district is located. The trustees of schools shall be appointed by each school board within 60 days after August 9, 2024 (the effective date of Public Act 103-790) this amendatory Act of the 103rd General Assembly and shall reorganize within 30 days after all the trustees of schools have been appointed or within 90 days after August 9, 2024 (the effective date of Public Act 103-790) this amendatory Act of the 103rd General Assembly, whichever is soone r. A trustee of schools shall serve at the pleasure of the school board that appointed the trustee of schools but may not serve as a trustee of schools for longer than 2 years unless re appointed by the school board. A majority of members of the trus tees of schools shall constitute a quorum for the transa ction of business. The trustees shall organize by appointing on e of their number president, who shall hold the office for 2 y ears. If the president is absent from any meeting, or refuses to perform any of the duties of the office, a president pro-tempore may be appointed. Trustees who serve on the board as a re sult of appointment or election at the time of the reorganization shall continue to serve as a membe r of the trustees of schools, with no greater or lesser authority th an any other trustee, until such time as their elected term expires. Each trustee of schools appointed by a board of educatio n or board of school directors shall be entitled to indemnification and protection against claims and suits by the board that appointed that trustee of schools for acts or o missions as a trustee of schools in the same manner and to th e same extent as the trustee of schools is entitled to indemnifi cation and protection for acts or omissions as a member of th e board of education or board of school directors under Section 10-20.20 of this C ode.(Source: P.A. 103-790, eff. 8-9-24; revised 10-21-24.) (105 ILCS 5/5

-13) (from Ch. 122, par. 5-1

3) Sec. 5-13. Term of office of trustees. In townships already organized, the sc hool trustee shall be elected in each odd numbered year for a te rm of 6 years to succeed the trustee whose term expires in s uch odd numbered year. The first-elected trustees in a newly organized township shall at their firs t meeting cast lots for their respective terms of office, for 2, 4, and 6 years; and thereafte r one 1 trust ee shall be elected in each odd-numbered year. This Section is inoperative on and af ter August 9, 2024 (the effective date of Public Act 103-790) this amenda tory Act of the 103rd General Assembly. (Source: P.A. 103-790, eff. 8-9-24; revised 10-21-24.) (105 ILCS 5/10-16a) (Text of Section before amendme nt by P.A. 103-771) Sec. 10 -16a. School board member's leadership training. (a) Thi s Section applies to all school board members serving pursuant t o Section 10-10 of this Code who have been elected after the effective date of this amendatory Act of the 97th Genera l Assembly or appointed to fill a vacancy of at least one year's duration after the effective date of this amendatory Act of the 97th General Assembly. (a-5) In this Section, " trauma" has the meaning ascribed to that term in subsection (b) o f Section 3-11 of this Code. (b) Every voting member of a school board of a school di strict elected or appointed for a term beginning after the effective date of this amendatory Act of the 97th General Assembly, within a year after the effective date of this amendatory Act of the 97t h General Assembly or the first year of his or her first term, shall complete a mi nimum of 4 hours of professional development leadership training covering topics in education and labor law, financial oversight and a ccountability, fiduciary responsibilities of a school board member, and, beginning with the 2023-2024 school year, traum a-informed practices for students and staff. Th e school district shall maintain on its Internet website, if any, t he names of all voting members of the school board who have suc cessfully completed the training. (b-5) The training regarding trauma-informed practices for students and staff required by this Section must include i nformation that is relevant to and within the scope of the duti es of a school board member. Such information may include, but is not limited to: (1) the recognition of and care for trauma in students and staff; (2) the relationship between staff wellne ss and student learning; (3) the effect of trauma on student behavior and learning; (4) the prevalence of traum a among students, including the prevalence of trauma amon g student populations at higher risk of experiencing trauma ; (5) the effects of impli cit or explicit bias on recognizing trauma among various stud ent groups in connection with race, ethnicity, gender identity, sex ual orientation, socio-economic status, and other relev ant factors; and (6) e ffective district and school practices that are shown t o: (A) prevent and mitigate th e negative effect of trauma on student behavior and learn ing; and (B) suppor t the emotional wellness of staff. (c) The t raining on financial oversight, accountability, fidu ciary responsibilities, and, beginning with the 2023-24 school year, trauma-informed prac tices for students and staff may be provided by an ass ociation established under this Code for the pu rpose of training school board members or by other qual ified providers approved by the State B oard of Education, in consultation with an association so est ablished. (d) The State Board of Edu cation may adopt rules that are necessary for the administration of the provisions of this Section. (Sou rce: P.A. 102-638, eff. 1-1-23; 1 03-413, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-771) Sec. 10-16a. S chool board member's training. (a) This Section applies to all school board members serving pursuant to Section 10-10 of this Code. (a-5) In t his Section, "trauma" has the meaning ascribed to that term in sub section (b) of Section 3-11 of this Code. ( b) Every voting member of a school board of a school district, within the first year of his or her first term, shall comple te a minimum of 4 hours of professional development and leader ship training covering topics in education and labor law, financial ov ersight and accountability, fiduciary responsibilities of a school board member, trauma-informed practices for students and staff, and, improving student outcomes. The school district shall maintain on its Internet website, if any, the names of all voting members of the school board who have successful ly completed the training. (b-5) The training regarding trauma-informed practices for students and st aff required by this Section must include information that is relevant to and within the scope of the duties of a s chool board member. Such information may include, but is not limited to: (1) the recogniti on of and care for trauma in students and staff; (2) the relationship between staff wellness and student learning;

(3) the effect of trauma on student behavior and learning;

(4) the prevalence of trauma among students, inclu ding the prevalence of trauma among student populations at higher risk of experiencing trauma; (5) the effects of implicit or explicit bias on r ecognizing trauma among various student groups in connection with race, ethnicity, gender identity, sexual orientation, socio-economic st atus, and other relevant factors; and (6) effective district and school practices that are shown t o: (A) prevent and mitigate th e negative effect of trauma on student behavior and learn ing; and (B) suppor t the emotional wellness of staff. (b- 10) The training regarding improving student outcome s required by this Section must include information that is r elevant to and within the scope of the d uties of a school board member. (c) The training on financial oversight, accountab ility, fiduciary responsibilities, trauma-informe d practices for students and staff, and improving student outcomes shall be provided by a statewide association established under this Code for the purpos e of training school board members or by other qualified provider s approved by the State Board of Education, in consult ation with an association so established. (d) The State Board of Education may adopt rules that are necessary for the administration of the provisions of this Section. (Source: P .A. 102-638, eff. 1-1-23; 103-413, eff. 1-1-24; 103-771, eff. 6-1-25; revised 10-21-24.) (105 ILCS 5/10-2

2.3f) Sec. 10-22.3f. Required health benefits . Insurance protection and benefits for employees shall provide the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Sectio n 356t and the coverage required under Sections 356g, 356g.5, 35 6g.5-1, 356m, 356q, 356u, 356u.10, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.11, 356z.12, 356z.13 , 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z .30, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45 , 356z.46, 356z.47, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60 , 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70, and 356 z.71, 356z.74, and 356z.77 of the Illinois Insurance Code. Insurance policies shall comply with Sec tion 356z.19 of the Illinois Insurance Code. The coverage shall comply with Sections 155.22a, 355b, and 370c of the Illinois I nsurance Code. The Department of Insurance shall enforce the requirements of this Secti on. Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provision s of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorize d. (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1- 1-22; 102-642, eff. 1-1-22; 102-6 65, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 10 3-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-5 35, eff. 8-11-23; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 1 03-718, eff. 7-19-24; 103-751, eff. 8 -2-24; 103-914, eff. 1-1-25; 10 3-918, eff. 1-1-25; 103-1024, eff. 1-1-25; revised 11-26-24.) (105

ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6) (Text of Section before amendment by P.A. 102-466) Sec. 10-22.6. Sus pension or expulsion of students; school searches. (a) To expel studen ts guilty of gross disobedience or misconduct, including gross disobedience or misconduct perpetuated by electronic means, pursuant to subsection (b-20) of this Section, and no action shall lie against them for such expulsion. Expulsion shall take place only after the parents have been requested to appear at a meet ing of the board, or with a hearing officer appointed by it, to discuss their child's behavior. Such request shall be made by registered or certified mail and shall state the time, place and purpose of the meeting. Th e board, or a hearing officer appointed by it, at such meeting shall state the reasons for dismissal and the date on which the expulsion is to become ef fective. If a hearing officer is appointed by the board, the hearing officer shall report to the board a written summary of the evidence heard at the meeting and the board may take such action thereon as it finds appropriate. If the board acts to expel a studen t, the written expulsion decision shall detail the specific reasons why removing the student from the learning environment is in the best i nterest of the school. The expulsion decision shall al so include a rationale as to the specific duration of t he expulsion. An expelled student may be immediately transferred to a n alternative program in the manner provided in Article 13A or 13B of this Code. A student must not be denied transfer becau se of the expulsion, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program. (b) To su spend or by policy to authorize the superintendent of the dist rict or the principal, assistant principal, or dean of student s of any school to suspend students guilty of gross disobedien ce or misconduct, or to suspend students guilty of gross disobedience or misconduct on the school bus from riding the sc hool bus, pursuant to subsections (b-15) and (b- 20) of this Section, and no action shall lie against them for su ch suspension. The board may by policy authorize the superinten dent of the district or the principal, assistant principa l, or dean of students of any school to suspend students guilty of such acts for a period not to exceed 10 school days. If a student is suspended due to gross disobedience or misconduct o n a school bus, the board may suspend the student in e xcess of 10 school days for safety reasons. Any suspension shall be reported immediately to the pare nts or guardian of a student along with a full statement of t he reasons for such suspension and a notice of their right to a review. The school board must be given a summary of the notice, in cluding the reason for the suspension and the suspension length. Upon request of the parents or guardian , the school board or a hearing officer appointed by it shall review such action of the superintendent or principal , assistant principal, or dean of students. At such review, the parents or guardian of the student may appear and disc uss the suspension with the board or its hearing officer. If a hearing of ficer is appointed by the board, he shall report to the board a written summary of the evidence heard at the meeting. Af ter its hearing or upon receipt of the written report of it s hearing officer, the board may take such action as it finds ap propriate. If a student is suspended pursuant to this subse ction (b), the board shall, in the written suspension decisi on, detail the specific act of gross disobedience or misconduct resulting in the decision t o suspend. The suspension decision shall also includ e a rationale as to the specific duration of the suspension. (b-5) Among the many possible disciplinary interventions and consequences available to school offici als, school exclusions, such as out-of-schoo l suspensions and expulsions, are the most serious. School o fficials shall limit the number and duration of expulsions a nd suspensions to the greatest extent practicable, and it is recommended that they use them only for legitimate educa tional purposes. To ensure that students are not excluded from school unnecessarily, it is recommended that school officials consider forms of non-exclusionary discipline prior to usi ng out-of-school suspensions or expulsions. (b-10) Unless otherwise required by fe deral law or this Code, school boards may not institute zero -tolerance policies by which school administrators are required to suspend or expel students for particular b ehaviors. (b-15) Out-of-school suspensions of 3 days or less may be used onl y if the student's continuing presence in school would pose a threat to school safety or a disruption to other stude nts' learning opportunities. For purposes of this subsection (b -15), "threat to school safety or a disruption to other students' learning opportunities" shall be determined on a case-by-case basis by the school board or its designee. Sc hool officials shall make all reasonable efforts to resolve such threats, address such disruptions, and minimize the len gth of suspensions to the greatest extent practicable. (b-20) Unless otherwise required by t his Code, out-of-school suspensions of l onger than 3 days, expulsions, and disciplinary removals to alternative sch ools may be used only if other appropriate and available behavioral and disciplinary interventions have been exhausted and the student's continuing presence in school would eit her (i) pose a threat to the safety of other students, sta ff, or members of the school community or (ii) substantiall y disrupt, impede, or interfere with the operation of the school. For purpos es of this subsection (b-20), "threat to the safety of ot her students, staff, or members of the school community" and "substantially disrupt, impede, or interfere with the operation of the school" shall be determined on a case-by-case basis by school officials. For purposes of this subse ction (b-20), the determination of whether "appropriate and avai lable behavioral and disciplinary interventions have been exha usted" shall be made by school officials. School official s shall make all reasonable efforts to resolve such threats, address such di sruptions, and minimize the length of student exclusi ons to the greatest extent practicable. Within the suspension decision de scribed in subsection (b) of this Section or the expulsion de cision described in subsection (a) of this Section, it shall be documented whether other interventions were at tempted or whether it was determined that there were no other appropriate and available interventions. (b-25) Students who are suspended out-of-school f or longer than 3 school days shall be provided appropriate a nd available support services during the period of their susp ension. For purposes of this subsection (b-25), "ap propriate and available support services" shall be det ermined by school authorities. Within the suspension decision described in subsection (b) of this Section, it shall be documented whet her such services are to be provided or whether it was deter mined that there are no such appropriate and available service s. A school district may refer students who are expelled to appropriate and available support services.

A school district shall create a policy to facilitate the re-engagement of students who are su spended out-of-school, expelled, or returnin g from an alternative school setting. In consultation with sta keholders deemed appropriate by the State Board of Edu cation, the State Board of Education shall draft and publish gu idance for the re-engagement of students who are suspended out-of-school, expelled, or returning from an alternative school setting in acc ordance with this Section and Section 13A-4 on or before July 1, 2025. (b-30) A school distr ict shall create a policy by which suspended students, including thos e students suspended from the school bus who do not have alte rnate transportation to school, shall have the opportunity to make up work for equivalent academic credit. It shall be the re sponsibility of a student's parent or guardian to notify schoo l officials that a student suspended from the school bus doe s not have alternate transportation to school. (c) A school board must invite a representative from a local mental health agency to consult with the board at the meeting whenever there is evidence that mental illness may be the cause o f a student's expulsion or suspension. (c-5) School districts shall make reasonable efforts to provid e ongoing professional development to all school personnel, s chool board members, and school resource officers, on the requirements of this Section and Section 10-20.1 4, the adverse consequences of school exclusion and justice-system involvement, effective classroom management strategies, culturally responsive discipline, trauma-responsive lear ning environments, as defined in subsection (b) of Section 3 -11, the appropriate and available supportive service s for the promotion of student attendance and engagemen t, and developmentally appropriate disciplinary methods that p romote positive and healthy school climates. (d) The board may expel a student for a definite peri od of time not to exceed 2 calendar years, as determine d on a case-by-case basis. A student who is determined to have brought one of the following objects to school, any school-sponsored activity or event, or any a ctivity or event that bears a reasonable relationship to school shal l be expelled for a period of not less than one year: (1) A firearm. For the purpo ses of this Section, "firearm" means any gun, rifle, shotgun, weapon as defined by Secti on 921 of Title 18 of the United States Code, firearm as defined in Section 1.1 of the Firearm Owners Identification Card Act, or fire arm as defined in Section 24-1 of the Criminal Cod e of 2012. The expulsion period under this subdivision (1) may be m odified by the superintendent, and the superintendent's determinat ion may be modified by the board on a case-by- case basis. (2) A knife, brass knuckles or other knuckle weapon regardless of i ts composition, a billy club, or any other object if used or attempted to be used to cause bodily harm, including "l ook alikes" of any firearm as defined in subdivision (1) of this subsection (d). The expulsion requirement under this subdiv ision (2) may be modified by the superintendent, and the superintendent's determination may be modified by the board on a case-by-case basis. Expulsion or suspension shall be construed in a manner consistent with the federal Individuals with Disabilities Education Act. A student who is subject to suspension or expulsion as provid ed in this Section may be eligible for a transfer to a n alternative school program in accordance with Article 13A of the School Code. (d-5) The board may suspend or by regulation authorize the superintenden t of the district or the principal, assistant prin cipal, or dean of students of any school to suspend a stude nt for a period not to exceed 10 school days or may expel a student for a definite period o f time not to exceed 2 calendar years, as determined on a case-by-case basis, if (i) that student has be en determined to have made an explicit threat on an Int ernet website against a school employee, a student, or any school-related personnel, (ii) the Internet webs ite through which the threat was made is a site that was a ccessible within the school at the time the threat was made or was available to third parties who worked or studied within the school grounds at the time the threat was made, and (iii) the threat could be reasonably interpreted as threatening to the safety and s ecurity of the threatened individual because of the indiv idual's duties or employment status or status as a student i nside the school. (e) To maintain order an d security in the schools, school authorities may inspect and search places and areas such as lockers, desks, parki ng lots, and other school property and equipment owned or c ontrolled by the school, as well as personal effects left in those places and areas by students, without notice to or the consent of the student, and without a search warrant. A s a matter of public policy, the General Assembly finds that students have no reasonable expectation of privacy in these places and areas or in their personal effects left in these places and areas. School authorities may request the assistance of law enfor cement officials for the purpose of conducting inspections an d searches of lockers, desks, parking lots, and other school pro perty and equipment owned or controlled by the school for il legal drugs, weapons, or other illegal or dangerous substances or materials, including searches conducted through the use o f specially trained dogs. If a search conducted in accordance with this Section produces evidence that the student has viola ted or is violating either the law, local ordi nance, or the school's policies or rules, such evidence ma y be seized by school authorities, and disciplinary action m ay be taken. School authorities may also turn over such evid ence to law enforcement authorities. ( f) Suspension or expulsion may include suspension or expulsio n from school and all school activities and a prohibition from being present on school grounds. (g) A s chool district may adopt a policy providing that if a student i s suspended or expelled for any reason from any public or priva te school in this or any other state, the student must complete the entire term of the suspension or expulsion in an alternati ve school program under Article 13A of this Code or an alternat ive learning opportunities program under Article 13B of this Code before being admitted into the school district if t here is no threat to the safety of students or staff in the alternative program. (h) Scho ol officials shall not advise or encourage students to drop out voluntarily due to behavioral or academic difficulties. (i) A student may not be issued a mon etary fine or fee as a disciplinary consequence, though this shall not preclude requiring a student to provide restit ution for lost, stolen, or damaged property.

(j) Subsections (a) through (i) of this Section shall apply to elementary and secondary schools, charter sch ools, special charter districts, and school districts organized unde r Article 34 of this Code. (k) The expul sion of students enrolled in programs funded under Section 1C-2 of this Code is subject to the requirements un der paragraph (7) of subsection (a) of Section 2-3.71 of this Code. (l) An in-school suspe nsion program provided by a school district for any students i n kindergarten through grade 12 may focus on promoting non-violent conflict resolution and positive interaction with oth er students and school personnel. A school district may employ a s chool social worker or a licensed mental health pro fessional to oversee an in-school suspension program in k indergarten through grade 12. (Source: P.A. 102-539, eff. 8-20-21; 102 -813, eff. 5-13-22; 103-594, eff. 6-25-24; 103-896, eff. 8-9-24; revised 9-25-24.)

(Text of Section after amendment by P.A . 102-466) Sec. 10-22.6. Suspension or expulsion of students; school searches. (a) To expel students guilty of gross disobedience or misconduct , including gross disobedience or misconduct perpetuated by elect ronic means, pursuant to subs ection (b-20) of this Section, and no action shall lie ag ainst them for such expulsion. Expulsion shall take place only after the parents or guardians have been requested to appear at a meeting of the board, or with a hearing officer appointed by it, to discuss their child's behavior. Such request sh all be made by registered or certified mail and shall state the ti me, place and purpose of the meeting. The board, or a hearing office r appointed by it, at such meeting shall state the reasons for dismissal and the date on which t he expulsion is to become effective. If a hearing officer is appointed by the board, the hearing officer shall report to the board a written summ ary of the evidence heard at the meeting and the board may take such action thereon as it finds appropriate. If the board acts to e xpel a student, the written expulsion decision shall detail the specific reasons why removing the student from the learning environment is in the best interest of the school. The expulsion deci sion shall also include a rationale as to the specific duration of the expulsion. An expelled student may be immediately tra nsferred to an alternative program in the manner provided in Ar ticle 13A or 13B of this Code. A student must not be denied t ransfer because of the expulsion, except in cases in which such transfer is deemed to cause a threat to the safety of studen ts or staff in the alternative program. (b) To suspend or by policy to authorize the superintend ent of the district or the principal, assistant principal, o r dean of students of any school to suspend students guilty o f gross disobedience or misconduct, or to suspend students guilty of gross disobedience or misconduct on the school bus fr om riding the school bus, pursuant to subsections (b-15) and (b-20) of this Section, and no action shall lie agai nst them for such suspension. The board may by policy authori ze the superintendent of the district or the principal, assis tant principal, or dean of students of any school to su spend students guilty of such acts for a period not to excee d 10 school days. If a student is suspended due to gross dis obedience or misconduct on a school bus, the board may suspe nd the student in excess of 10 school days for safety reason s. Any suspension shall be reported imm ediately to the parents or guardians of a student along with a full statement of the reasons for such suspension and a not ice of their right to a review. The school board must be give n a summary of the notice, i ncluding the reason for the suspension and th e suspension length. Upon request of the parents or guardia ns, the school board or a hearing officer appointed by i t shall review such action of the superintendent or princip al, assistant principal, or dean of students. At such review, t he parents or guardians of the student may appear and d iscuss the suspension with the board or its hearing officer. If a hearing officer is appointed by the board, he shall report to the bo ard a written summary of the evidence heard at the meeting. After its hearing or upon receipt of the written report of its hearing officer, the board may take such action as it finds appropriate. If a student is suspended pursuant to this su bsection (b), the board shall, in the written suspension dec ision, detail the specific act of gross disobedience or miscond uct resulting in the decisio n to suspend. The suspension decision shall also inc lude a rationale as to the specific duration of the suspension . (b-5) Among the many possible discipl inary interventions and consequences available to school offi cials, school exclusions, such as out-of-sch ool suspensions and expulsions, are the most serious. School officials shall limit the number and duration of expulsions and suspensions to the greatest extent practicable, and it is recommended that they use them only for legitimate educ ational purposes. To ensure that students are not excluded from school unnecessarily, it is recommended that school officials consider forms of non-exclusionary discipline prior to usi ng out-of-school suspensions or expulsions. (b-10) Unless otherwise required by fe deral law or this Code, school boards may not institute zero -tolerance policies by which school administrators are required to suspend or expel students for particular b ehaviors. (b-15) Out-of-school suspensions of 3 days or less may be used onl y if the student's continuing presence in school would pose a threat to school safety or a disruption to other stude nts' learning opportunities. For purposes of this subsection (b -15), "threat to school safety or a disruption to other students' learning opportunities" shall be determined on a case-by-case basis by the school board or its designee. Sc hool officials shall make all reasonable efforts to resolve such threats, address such disruptions, and minimize the len gth of suspensions to the greatest extent practicable. (b-20) Unless otherwise required by t his Code, out-of-school suspensions of l onger than 3 days, expulsions, and disciplinary removals to alternative sch ools may be used only if other appropriate and available behavioral and disciplinary interventions have been exhausted and the student's continuing presence in school would eit her (i) pose a threat to the safety of other students, sta ff, or members of the school community or (ii) substantiall y disrupt, impede, or interfere with the operation of the school. For purpos es of this subsection (b-20), "threat to the safety of ot her students, staff, or members of the school community" and "substantially disrupt, impede, or interfere with the operation of the school" shall be determined on a case-by-case basis by school officials. For purposes of this subse ction (b-20), the determination of whether "appropriate and avai lable behavioral and disciplinary interventions have been exha usted" shall be made by school officials. School official s shall make all reasonable efforts to resolve such threats, address such di sruptions, and minimize the length of student exclusi ons to the greatest extent practicable. Within the suspension decision de scribed in subsection (b) of this Section or the expulsion de cision described in subsection (a) of this Section, it shall be documented whether other interventions were at tempted or whether it was determined that there were no other appropriate and available interventions. (b-25) Students who are suspended out-of-school f or longer than 3 school days shall be provided appropriate a nd available support services during the period of their susp ension. For purposes of this subsection (b-25), "ap propriate and available support services" shall be det ermined by school authorities. Within the suspension decision described in subsection (b) of this Section, it shall be documented whet her such services are to be provided or whether it was deter mined that there are no such appropriate and available service s. A school district may refer students who are expelled to appropriate and available support services.

A school district shall create a policy to facilitate the re-engagement of students who are su spended out-of-school, expelled, or returnin g from an alternative school setting. In consultation with sta keholders deemed appropriate by the State Board of Edu cation, the State Board of Education shall draft and publish gu idance for the re-engagement of students who are suspended out-of-school, expelled, or returning from an alternative school setting in acc ordance with this Section and Section 13A-4 on or before July 1, 2025. (b-30) A school distr ict shall create a policy by which suspended students, including thos e students suspended from the school bus who do not have alte rnate transportation to school, shall have the opportunity to make up work for equivalent academic credit. It shall be the re sponsibility of a student's parents or guardians to notify sch ool officials that a student suspended from the school bus d oes not have alternate transportation to school. (b-35) In all suspension review hearings cond ucted under subsection (b) or expulsion hearings conducted under subsection (a), a student may disclose any factor to be considered in mitigation, including his or her status as a parent, expectant parent, or victim of domestic or sexual violence, as defined i n Article 26A. A representative of the parent's or guardian's choice, or of the student's choice if emancipated, must be permitted to represent the student throughout the proceedings and to address the school board or its appointed hearing officer. With the app roval of the student's parent or guardian, or of the student if em ancipated, a support person must be permitted to accompany the student to any disciplinary hearings or proceedings. The re presentative or support person must comply with any rules o f the school district's hearing process. If the represe ntative or support person violates the rules or engages in beh avior or advocacy that harasses, abuses, or intimidates eith er party, a witness, or anyone else in attendance at the he aring, the representative or support person may be proh ibited from further participation in the hearing or proceeding. A suspension or expulsion proceeding under this subs ection (b-35) must be conducted independently from any ongoing criminal investigation or proceeding, and an a bsence of pending or possible criminal charges, criminal i nvestigations, or proceedings may not be a factor in school d isciplinary decisions. (b-40) During a suspension review hearing conducted under subsection ( b) or an expulsion hearing conducted under subsection (a) that involves allegations of sexual violence by the student who is subject to discipline, neither the student n or his or her representative shall directly question nor have direct contact with the alleged victim. The student who is s ubject to discipline or his or her representative may, at the d iscretion and direction of the school board or its appointed hearing officer, suggest questions to be posed by the school bo ard or its appointed hearing officer to the alleged victim. (c) A school board must invite a represent ative from a local mental health agency to consult with the board at the meeting whenever there is evidence th at mental illness may be the cause of a student's expulsi on or suspension. (c-5) School distric ts shall make reasonable efforts to provide ongoing prof essional development to all school personnel, school board memb ers, and school resource officers on the requirements of t his Section and Section 10-20.14, the adverse consequences of school exclusion and just ice-system involvement, effective classroom manag ement strategies, culturally responsive discipline, trauma-responsive learning environments, as defined in subsection ( b) of Section 3-11, the appropriate and available support ive services for the promotion of student attendance and en gagement, and developmentally appropriate disciplinary methods that promote positive and healthy school climates. (d) The board may expel a student for a definite peri od of time not to exceed 2 calendar years, as determined on a case-by-case basis. A student who is determined to have brough t one of the following objects to school, any school-s ponsored activity or event, or any activity or event that bear s a reasonable relationship to school shall be expelled for a period of not less than one year: (1) A firearm. For the purposes of this Section, "fire arm" means any gun, rifle, shotgun, weapon as defined by Secti on 921 of Title 18 of the United States Code, firearm as defined in Section 1.1 of the Firearm Owners Identification Card Act, or fire arm as defined in Section 24-1 of the Criminal Cod e of 2012. The expulsion period under this subdivision (1) may be m odified by the superintendent, and the superintendent's determinat ion may be modified by the board on a case-by- case basis. (2) A knife, brass knuckles or other knuckle weapon regardless of i ts composition, a billy club, or any other object if used or attempted to be used to cause bodily harm, including "l ook alikes" of any firearm as defined in subdivision (1) of this subsection (d). The expulsion requirement under this subdiv ision (2) may be modified by the superintendent, and the superintendent's determination may be modified by the board on a case-by-case basis. Expulsion or suspension shall be construed in a manner consistent with the federal Individuals with Disabilities Education Act. A student who is subject to suspension or expulsion as provid ed in this Section may be eligible for a transfer to a n alternative school program in accordance with Article 13A of the School Code. (d-5) The board may suspend or by regulation authorize the superintenden t of the district or the principal, assistant prin cipal, or dean of students of any school to suspend a stude nt for a period not to exceed 10 school days or may expel a student for a definite period o f time not to exceed 2 calendar years, as determined on a case-by-case basis, if (i) that student has be en determined to have made an explicit threat on an Int ernet website against a school employee, a student, or any school-related personnel, (ii) the Internet webs ite through which the threat was made is a site that was a ccessible within the school at the time the threat was made or was available to third parties who worked or studied within the school grounds at the time the threat was made, and (iii) the threat could be reasonably interpreted as threatening to the safety and s ecurity of the threatened individual because of the indiv idual's duties or employment status or status as a student i nside the school. (e) To maintain order an d security in the schools, school authorities may inspect and search places and areas such as lockers, desks, parki ng lots, and other school property and equipment owned or c ontrolled by the school, as well as personal effects left in those places and areas by students, without notice to or the consent of the student, and without a search warrant. A s a matter of public policy, the General Assembly finds that students have no reasonable expectation of privacy in these places and areas or in their personal effects left in these places and areas. School authorities may request the assistance of law enfor cement officials for the purpose of conducting inspections an d searches of lockers, desks, parking lots, and other school pro perty and equipment owned or controlled by the school for il legal drugs, weapons, or other illegal or dangerous substances or materials, including searches conducted through the use o f specially trained dogs. If a search conducted in accordance with this Section produces evidence that the student has viola ted or is violating either the law, local ordi nance, or the school's policies or rules, such evidence ma y be seized by school authorities, and disciplinary action m ay be taken. School authorities may also turn over such evid ence to law enforcement authorities. ( f) Suspension or expulsion may include suspension or expulsio n from school and all school activities and a prohibition from being present on school grounds. (g) A s chool district may adopt a policy providing that if a student i s suspended or expelled for any reason from any public or priva te school in this or any other state, the student must complete the entire term of the suspension or expulsion in an alternati ve school program under Article 13A of this Code or an alternat ive learning opportunities program under Article 13B of this Code before being admitted into the school district if t here is no threat to the safety of students or staff in the alternative program. A school district that adopts a polic y under this subsection (g) must include a provision allowing f or consideration of any mitigating factors, including, but not limited to, a student's status as a parent, expectant parent , or victim of domestic or sexual violence, as defined in Article 26A. (h) School offic ials shall not advise or encourage students to drop out voluntarily due to behavioral or academic difficulties. (i) A student may not be issued a monetar y fine or fee as a disciplinary consequence, though this shall not p reclude requiring a student to provide restitution for lost , stolen, or damaged property. (j) Subsections (a) through (i) of this Section shall ap ply to elementary and secondary schools, charter schools, s pecial charter districts, and school districts organized unde r Article 34 of this Code. (k) Through June 30, 2026, the expulsion of students enrolled in programs fund ed under Section 1C-2 of this Code is subject to the requi rements under paragraph (7) of subsection (a) of Section 2-3.71 of this Code. (k-5) On and after July 1, 2026, the expulsion of children enrol led in programs funded under Section 15-25 of the Depart ment of Early Childhood Act is subject to the requirements o f paragraph (7) of subsection (a) of Section 15-30 of the Dep artment of Early Childhood Act.

(l) An in-school suspension program provided by a school district for any students in kindergarten t hrough grade 12 may focus on promoting non-violent con flict resolution and positive interaction with other stud ents and school personnel. A school district may employ a sch ool social worker or a licensed mental health prof essional to oversee an in-school suspension prog ram in kindergarten through grade 12. (Source : P.A. 102-466, eff. 7-1-25; 102-5 39, eff. 8-20-21; 102-813, eff. 5-13-22; 103-594, eff. 6-25-24; 103-896, eff. 8-9-24; revised 9-25-24.) (105 ILCS 5/10-22.22) (from Ch.

122, par. 10-22.22) Sec. 10-22.22. T ransportation for pupils; tuition; vocation al school pupils-Tuition. To provide free transportation for pupils, and where in its judgment the interests of the district and of the pupils therein will be best subserved by so doing the scho ol board may permit the pupils in the district or in any part icular grade to attend the schools of other districts and may p ermit any pupil to attend an area secondary vocational sc hool operated by a public school district or a public or non-public vocational school within the State of Illinois or adjacent s tates approved by the Board of Vocational Education, and may provide free transportation for su ch pupils and shall pay the tuition of such pupils in the schools attended; such tuition shall be base d upon per capita cost computed in the following manner: The cost of conducting and maintaining any area secondary vocational school facility shall be first determined and shall include the following expenses applicable only to such educ ational facility under rules and regulations established by the Board of Vocational Education a nd Rehabilitation as follows: a. Salaries of teachers, vocational counselors, a nd supporting professional workers, necessary non-c ertified workers, clerks, custodial employees, and any distr ict taxes specifically for their pension and retirement ben efits. b. Equipment and suppl ies necessary for program operation. c. Administrative costs. d. Operation of physical plant, including heat, light , water, repairs, and maintenance. e. Auxiliary service, not including any transp ortation cost. From such total cost thus d etermined there shall be deducted the State reimbursement d ue on account of such educational facility for the same year, not including any State reimbursement for area secondary vocational school transportation. Such net cost shall be divide d by the average number of pupils in average daily atte ndance in such area secondary vocational school facility for the school year in order to arrive at the net per capita tu ition cost. Such costs shall be comput ed on pupils regularly enrolled in an area secondary vocat ional school on the basis of one-sixth day for every clas s hour attended pursuant to such enrollment; p rovided . Provided, that the board, su bject to the approval of the county superintendent of schools, may determin e what schools outside of its their district such pupils shall attend. This Section section doe s not require the board of directors or board of education of any district to admit p upils from another district. (Source: P.A. 94-213, eff. 7-14-05; revised 7-17-24.) (105 ILCS 5/10-22.24b) Sec. 10- 22.24b. School counseling ser vices. School counseling services in public schools may be provided by school counselors as defined in Section 10-22.24a of this Code or by individuals who hold a Professional Educator License with a school support perso nnel endorsement in the area of school counseling under Section 21B-25 of this Code. School counseling services may include, but are not limited to: (1) designing and delivering a comprehensive scho ol counseling program through a standards-based, data-informed program that promotes stu dent achievement and wellness; (2) (blank); (3) school counselors working as culturally sk illed professionals who act sensitively to pr omote social justice and equity in a pluralistic society; (4) providing individual and group counseling;

(5) providing a core counseling curriculum that serv es all students and addresses the knowledge and skills appropriate to their developmental level through a col laborative model of delivery involving the school counsel or, classroom teachers, and other appropriate education professionals , and including prevention and pre-referral activitie s; (6) making referrals when necessary to appropriate offices or outside agencies; (7) providing college and career de velopment activities and counseling; (8) developing individual c areer plans with students, which includes planning f or post-secondary education, as appropriate, and engagin g in related and relevant career and techni cal education coursework in high school; (9) assisting all students wit h a college or post-secondary education plan, which must include a discussion on all post-secondary education opti ons, including 4-year colleges or universities, community colleges, and voca tional schools, and includes planning for post-secondar y education, as appropriate, and engaging in related and relevant career and technical education course work in high school; (10) (blank); ( 11) educating all students on scholarships, financial aid, and preparation of the Federal Application for Federal Student Aid; (12) coll aborating with institutions of higher education and local community colleges so that students understand post -secondary education options and are ready to tran sition successfully; (13) providing crisis intervention and contributing to the developm ent of a specific crisis plan within the school setting i n collaboration with multiple stakeholders; ( 14) providing educational opportunities for student s, teachers, and parents on mental health issues; (15) providing counseling and o ther resources to students who are in crisis; (16) working to address barriers t hat prohibit or limit access to mental health services; (17) addressing bullying and conflict resolution with all students; (18) teaching communication ski lls and helping students develop positive relationships; (19) using culturally sensitive skills in working with all students to promote wellness;

(20) working to address the needs of all students with r egard to citizenship status;

(21) (blank);; (22) providing academic, social-emoti onal, and college and career supports to all students irrespective of special education or Section 504 status; (23) assisting students in goal setting and success skill s for classroom behavior, study skills, test preparation, internal motivatio n, and intrinsic rewards;

(24) (blank);; (25) providing information for a ll students in the selection of courses that will lead to post- secondary education opportunities toward a successful career ; (26) i nterpreting achievement test results and guiding stud ents in appropriate directions; (27 ) (blank); (28) providing families with opportunities for education and counseling as app ropriate in relation to the student's educational assessment;

(29) consulting and col laborating with teachers and other school personnel regarding behavior mana gement and intervention plans and inclusion in support of students;

(30) teaming and partnering with staff, parents, businesses, and community organizatio ns to support student achievement and social-emotion al learning standards for all students; (31) developing and implementing school-based preventio n programs, including, but not limited to, mediation and violence preventio n, implementing social and emotional education programs a nd services, and establishing and implementing bullying prev ention and intervention programs; (32) develop ing culturally sensitive assessment instruments for measuring school counseling prevention and intervention effectiveness and collecting, analyzing, and interpreting data; (33) participating on school and district committees to advocate for student pro grams and resources, as well as establishing a school counselin g advisory council that includes representatives of key st akeholders selected to review and advise on the implement ation of the school counseling program; (34) acting as a liaison between the public schools and community resources and building relationships with important stakeho lders, such as families, administrators, teachers, and board m embers;

(35) maintaining organized, clear, and useful records in a confidential manner consistent with Section 5 of th e Illinois School Student Records Act, the Family Education al Rights and Privacy Act, and the Health Insur ance Portability and Accountability Act; (36) presenting an annual agre ement to the administration, including a formal discus sion of the alignment of school and school counseling progr am missions and goals and detailing specific school counse lor responsibilities; (37) identifying and implementing culturally sensi tive measures of success for student competencies in each o f the 3 domains of academic, social and emotional, and college and career learning based on planned and periodic assessment of the comprehensive developmental school counseling program;

(38) collaborating as a team member in Multi-T iered Systems of Support and other school initiatives; (39) conducting observat ions and participating in recommendations or interventions regarding the placement of children in educational programs or special education classes; (40) analyzing data and results of schoo l counseling program assessments, including curricu lum, small-group, and closing-the-gap results reports, an d designing strategies to continue to improve pro gram effectiveness; (41) analyzing data and results of school counselor compe tency assessments; (42) following American School Counselor As sociation Ethical Standards for School Counselors to demonstr ate high standards of integrity, leadership, and profess ionalism; (43) usi ng student competencies to assess student growth and devel opment to inform decisions regarding strategies, acti vities, and services that help students achieve t he highest academic level possible; (44) practicing as a culturally skilled school counselor by infusing th e multicultural competencies within the role of the scho ol counselor, including the practice of culturally sensit ive attitudes and beliefs, knowledge, and skills; (45) infus ing the Social-Emotional Standards, as presented in t he State Board of Education standards, across the curriculum a nd in the counselor's role in ways that empower and enable stud ents to achieve academic success across all grade levels; (46) providing services only in areas in which the school counselor has appropriate training or expertis e, as well as only providing counseling or consulting servi ces within his or her employment to any student in the district or districts which employ such schoo l counselor, in accordance with professional e thics; (47) having ad equate training in supervision knowledge and skills i n order to supervise school counseling interns enrolled in graduate school counselor preparation programs that meet the standards established by the State Board of Education; (48) being involved with S tate and national professional associations; (49) complete the required trai ning as outlined in Section 10-22.39; (50) (blank); (51) (blank); (52) (blank); (53) (blank); ( 54) (blank); and (55) promo ting career and technical education by assisting each stu dent to determine an appropriate postsecondary plan based u pon the student's skills, strengths, and goals and assist ing the student to implement the best practices tha t improve career or workforce readiness after high school.

School districts may employ a sufficie nt number of school counselors to maintain the national and S tate recommended student-counselor ratio of 250 to 1. School districts may have school counselors spend at least 80% of his or her work time in direct contact with studen ts. Nothing in this Section prohibits other qualified profess ionals, including other endorsed school support personne l, from providing the services listed in this Section.(Source: P.A. 102-876, eff. 1-1-23; 103-154, eff. 6-30-23; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective d ate of P.A. 103-542; 103-780, eff. 8-2-24; revised 10-21-24.) (105

ILCS 5/10-22.36) (from Ch

. 122, par. 10-22.36) Sec. 10-22.36. Buildings for school purpose s. (a) To build or purchase a bui lding for school classroom or instructional purposes upon the approval of a majority of the voters upon the proposit ion at a referendum held for such purpose or in accordance with Secti on 17-2.11, 19-3.5, or 19-3.10. The board may initiate such referendum by resolution. The board shall cer tify the resolution and proposition to the proper election authority for submission in accordance with th e general election law. The questions of building one or mo re new buildings for school purposes or office facilities, and issuing bonds for the purpose of borrowing money to purchase one or more buildings or sites for such buildings or office sites, to build one or more new buildings for school purposes or office facilit ies or to make additions and improvements to existing school buildings, may be combined into one or more propositions on the ballot. Before erecting, or purchasing or remodeling such a buildin g the board shall submit the plans and specifications respecting heating, ventilating, lighting, seating, water suppl y, toilets and safety against fire to the regional superi ntendent of schools having supervision and control over the d istrict, for approval in accordance with Section 2-3.12.

Notwithstanding any of the foregoing, no referendum shall be required if the purchase, construction, or building of any such building (1) occurs while the building is being leased by the school district or (2) is paid with (A) funds derived f rom the sale or disposition of other buildin gs, land, or structures of the school district or (B) fu nds received (i) as a grant under the School Construction La w or (ii) as gifts or donations, provided that no funds to purchase, construct, or build such building, other tha n lease payments, are derived from the district's bonded indeb tedness or the tax levy of the district. No twithstanding any of the foregoing, no referendum s hall be required if the purchase, construction , or building of any such building is paid with fund s received from the County School Facility and Resources Occu pation Tax Law under Section 5-1006.7 of the Countie s Code or from the proceeds of bonds or other debt oblig ations secured by revenues obtained from that Law. Notwithstanding any of the foregoing, for Decatur School District Number 61, n o referendum shall be required if at least 50% of the cost of the purchase, construction, or building of any such buildi ng is paid, or will be paid, with funds received or expected to be received as part of, or otherwise derived from, any COVID-19 pandemic relief program or funding source, in cluding, but not limited to, Elementary and Secondary School Em ergency Relief Fund grant proceeds. (b) Not withstanding the provisions of subsection (a), for any school district: (i) that is a tier 1 school, (ii) that has a popu lation of less than 50,000 inhabitants, (iii) whose student pop ulation is between 5,800 and 6,300, (iv) in which 57% to 62% of students are low-income, and (v) whose average district spending is between $1 0,000 to $12,000 per pupil, until July 1, 2025, no referen dum shall be required if at least 50% of the cost of the purcha se, construction, or building of any such building is paid, or will b e paid, with funds received or expected to be received as part of, or otherwise derive d from, the federal Consolidated Appropriations Act and t he federal American Rescue Plan Act of 2021. For this subsection (b), the school board must hold at least 2 public hearings, the sole purpose of which shall be to discuss the decision to construct a school building and to receive input from the community. The notice of each public hearing that sets forth the time, date, place, and name or d escription of the school building that the school board is considering constru cting must be provided at least 10 days prior to the heari ng by publication on the school board's Internet website. (c) Notwithstanding the provisions of subsect ions (a) and (b), for Cahokia Community Unit School District 187, no referendum shall be required for the lease of any building for school or educational purposes if the cost is paid or w ill be paid with funds available at the time of the lease in the district's existing fund balances to fund the lease of a buil ding during the 2023-2024 or 2024-2025 school year.

For the purposes of this subsection (c), the school board must hold at least 2 public hearings, the sole purpose of which shall be to discuss the decision to l ease a school building and to receive input from the co mmunity. The notice of each public hearing that sets forth the time, date, place, and name or description of the school bu ilding that the school board is considering leasing must be provided at least 10 days prior to the hearing by publicati on on the school district's website. (d) Notwithstanding the provisions of subsections (a) and (b), for Bloomington School District 87, no referendum shall be required for the purchase, construct ion, or building of any building for school or education p urposes if such cost is paid or will be paid with funds available at the time of contract, purchase, construction, or b uilding in Bloomington School District Number 87's existing fu nd balances to fund the procurement or requisition of a bu ilding or site during the 2022-2023, 2023-202 4, or 2024-2025 school year. For this subsection (d), the scho ol board must hold at least 2 public hearings, the sole pu rpose of which shall be to discuss the decision to construct a s chool building and to receive input from the community. The noti ce of each public hearing that sets forth the time, date, place , and name or description of the school building that the s chool board is considering constructing must be provided at least 10 days prior to the hearing by publication on the school board's website. (e) Notwithstanding the provisions of subse ction (a), for any school district: (i) that is designated as a Tier 1 or Tier 2 school district under Section 18-8.15, (ii) with at least one school that is located on federal property, (iii) whose overall student population is no more th an 4,500 students and no less than 2,500 students, and (iv) th at receives a federal Public Schools on Military Installat ions grant until June 30, 2030, no referendum shall be r equired if at least 75% of the cost of construction or build ing of any such building is paid or will be paid with funds received or expected to b e received from the Public Schools on Military Installa tions grant. For this subsection (e), the sch ool board must hold at least 2 public hearings, the sole pu rpose of which shall be to discuss the decision to construct a school building and to receive input from those communit y members in attendance. The notice of each public hearing t hat sets forth the time, date, place, and description of th e school construction project must be provided at least 10 days prior to the hearing b y publication on the school district's website. (f) (e) Not withstanding the provisions of subsection (a) and (b), beginning S eptember 1, 2024, no referendum shall be required to build o r purchase a building for school classroom or instructional pu rposes if, prior to the building or purchase of the building, the board determines, by resolution, that the building or purc hase will result in an increase in pre-kindergarten or kindergarten classroom space in the district. ( Source: P.A. 102-16, eff. 6-17-21; 102- 699, eff. 7-1-22; 103-8, eff. 6-7-23; 103-509, eff. 8-4-23; 103-591, eff. 7-1-24; 103-605, eff. 7-1-24; 103-878, eff. 8-9-24; revised 9-25-24.) (

105 ILCS 5/14A-32) Sec. 14A-32. Accelerated placement; school district respons ibilities. (a) Each school dis trict shall have a policy that allows for accelerated placement that includes or incorporates by refe rence the following components:

(1) a provision that provides that participation in acce lerated placement is not limited to those children who have been identified as gifted and talented, but rather is open to all children who demonstrate high ability and who may be nefit from accelerated placement; (2) a fair and equ itable decision-making process that involves multiple persons and includes a student's p arents or guardians; (3) procedures for notifying parents or gu ardians of a child of a decision affecting that child's participation in an accelerated placement program; a nd (4) an assessment process that includes multiple valid, reliable indicators. (a-5) By no later than the beginning of the 2023-2024 school year, a school district's accelerated place ment policy shall allow for the automatic enrollment, in the following school term, of a student into the next most rigorous level of advanced coursework offered by the high school if the student meets or exceeds State standards in En glish language arts, mathematics, or science on a State as sessment administered under Section 2-3.64a-5 a s follows: (1) A studen t who exceeds State standards in English language arts sha ll be automatically enrolled into the next most rigorous level of adv anced coursework in English, social studies, humanities, or relate d subjects. (2) A studen t who exceeds State standards in mathematic s shall be automatically enrolled into the next most rigorous level of advanced coursework in mathematics. (3) A student who exceeds State standards in s cience shall be automatically enrolled into the next mo st rigorous level of advanced coursework in sc ience. (a-10) By no later than the beginn ing of the 2027-2028 school year, a school district's ac celerated placement policy shall allow for automatic eligib ility, in the following school term, for a student to enroll in the next most rigorous level of advanced coursework offered b y the high school if the student meets State standards in E nglish language arts, mathematics, or science on a State as sessment administered under Section 2-3.64a-5 as follows: (1) A student who meets State st andards in English language arts shall be automatically eligible to enroll in the next most rigorous level of advanced coursework in English, social studies, humanities, or related subjects. (2) A student who meets State standards in mathematics shall be automaticall y eligible to enroll in the next most rigorous level of advanced coursework in mathemati cs. (3) A student who me ets State standards in science shall be automatical ly eligible to enroll in the next most rigorous level of advanced cou rsework in science. (a-15) For a student e ntering grade 12, the next most rigorous level of advanced cou rsework in English language arts or mathematics shall be a dual credit course, as defined in the Dual Credit Quality Act, an Advanced Placement course, as defined in Section 10 of th e College and Career Success for All Students Act, or an International Baccalaureate course; otherwise, the next mo st rigorous level of advanced coursework under this subsection (a-15) m ay include a dual credit course, as defined in the Dual C redit Quality Act, an Advanced Placement course, as defined in Section 10 of the College and Career Success for Al l Students Act, an International Baccalaureate course, an honors class, an enrichment o pportunity, a gifted program, or another program offered by t he district. A school district may use th e student's most recent State assessment results to determine whether a student mee ts or exceeds State standards. For a student entering gra de 9, results from the State assessment taken in grades 6 t hrough 8 may be used. For other high school grades, the results from a locally selected, nationally normed assessment may be used instead of the State assessment if those results are the most recent. (a-20) A school district's accel erated placement policy may allow for the waiver of a cour se or unit of instruction completion requirement if (i) completi on of the course or unit of instruction is required by t his Code or rules adopted by the State Board of Education as a prerequisite to receiving a high school diploma and (ii) the school d istrict has determined that the student has demonstrate d mastery of or competency in the content of the course or uni t of instruction. The school district shall maintain d ocumentation of this determination of mastery or comp etency for each student, that shall include identification of the learning standards or compe tencies reviewed, the methods of measurement used, student performance, the date of the determination, and identifica tion of the district personnel involved in the determinat ion process. (a-25) A school district 's accelerated placement policy must include a process through which the parent or guardian of each student who meets Sta te standards is provided notification in writing of the studen t's eligibility for enroll ment in accelerated courses. This notification must provide de tails on the procedures for the parent or guardian to enroll or not enroll the student in accelerated courses, in writing, on forms the school district makes available. If no course selec tion is made by the parent or guardian in accordance with proce dures set forth by the school district, the student shall b e automatically enrolled in the next most rigorous level of co ursework. A school district must provide the parent or guardi an of a student eligible for enrollment under subsection (a-5) or (a-10) with the option to instead have the s tudent enroll in alternative coursework that better align s with the student's postsecondary education or car eer goals. If applicable, a school district must provide notifi cation to a student's parent or guardian that the studen t will receive a waiver of a course or unit of instruction completion requirement under subsection subsections (a-5) or (a-10). N othing in subsection (a-5) or (a-10) may be i nterpreted to preclude other students from enrolling in ad vanced coursework per the policy of a school district.

(a-30) Nothing in this Section shall prohibit the implementation of policies that allow for automatic enro llment of students who meet standards on State assessm ents into the next most rigorous level of advanced coursework offered by a high school. (b) Further, a school district's accelerated placement policy may include or incorporate by reference, but need not be limite d to, the following components: (1) p rocedures for annually informing the community at-large, including parents or guardians, community-based organ izations, and providers of out-of-school programs, about the accelerated placement program and th e methods used for the identification of children eli gible for accelerated placement, including strategies to reach groups of students a nd families who have been historically underrepresented in accelerated pl acement programs and advanced coursework; (2) a process for referral that allows for mul tiple referrers, including a child's parents or guardians; other r eferrers may include licensed education professionals, t he child, with the written consent of a parent or guardian, a p eer, through a licensed education professional who has knowle dge of the referred child's abilities, or, in case of possibl e early entrance, a preschool educator, ped iatrician, or psychologist who knows the child; (3) a provision that provides tha t children participating in an accelerated placement program and their parents or guardians will be provided a written plan deta iling the type of acceleration the child will receive and strategies t o support the child; (4) procedur es to provide support and promote success for students w ho are newly enrolled in an accelerated placement pro gram; (5) a proce ss for the school district to review and utilize disaggrega ted data on participation in an accelerated placement p rogram to address gaps among demographic groups in accelerated placement opportunities; and (6) procedures to promote equity, which may incorporate one or more of the following evidence-based practices:

(A) the use of multiple tools to as sess exceptional potential and provide several pathways into advanced academic programs when assessing stude nt need for advanced academic or accelerated programmi ng; ( B) providing enrichment opportunities starting in the early grades to address achievement gaps that occu r at school entry and provide students with opportunities t o demonstrate their advanced potential; (C) the use of universal screening combine d with local school-based norms for placement in accel erated and advanced learning programs; (D) developing a contin uum of services to identify and develop talent in all lear ners ranging from enriched learning experiences, s uch as problem-based learning, performance tas ks, critical thinking, and career exploration, to accelerat ed placement and advanced academic programming; and (E) providing professional learning in gifted educati on for teachers and other appropriate sc hool personnel to appropriately identify and challen ge students from diverse cultures and backgrounds w ho may benefit from accelerated placement or advanced a cademic programming. (c) The State Board of Education shall adopt rules to determine data to be collected and disaggregated by d emographic group regarding accelerated placement, including the rates of students who participate in and successfully complete advanced coursework, and a method of making the informat ion available to the public. (d) On or befo re November 1, 2022, following a review of disaggregated dat a on the participation and successful completion rates of stu dents enrolled in an accelerated placement program, each school district shall develop a plan to expand access to its accelerated placement program and to ensure the teac hing capacity necessary to meet the increased demand .(Source: P.A. 102-209, eff. 11-30-21 (See Section 5 of P.A. 102-671 for e ffective date of P.A. 102-209); 103-263, eff. 6-30-23; 103-743, eff. 8-2-24; revised 10-21-24.) (105 ILCS

5/18-8.15) Sec. 18-8.15. Evidence-Ba sed Funding for student success for the 2017-2 018 and subsequent school years. (a) General provisions. (1) The purpose of this Section is to ensure th at, by June 30, 2027 and beyond, this State has a kinde rgarten through grade 12 public education system with the capacity to ensure the educational development of all persons to the limits of their capacities in accordance with Section 1 of Article X of the Constitution of the State of Illinois. To accomplish that objective, this Section creat es a method of funding public education that is evidence-based; is sufficient to ensure every student receives a meaningful opportunity to learn irrespecti ve of race, ethnicity, sexual orientation, gender, or community-income level; and is sustainable and predictable. When fully funded under this Section, every school shall have the resources, based on what the evidence indicates is needed, to: (A) provide all stu dents with a high quality education that offers the academic, enrichment, social and emotional sup port, technical, and career-focused programs that will allow them to become competi tive workers, responsible parents, productive citizens of this State, and active members of our national democracy ; (B) ensure al l students receive the education they need to graduate from high school with the skills required to pursue post-secondary education and training for a rewarding career ; (C) redu ce, with a goal of eliminating, the achievement gap b etween at-risk and non-at-risk stud ents by raising the performance of at-risk students an d not by reducing standards; and (D) ensure this State satisfies i ts obligation to assume the primary responsibility to fund public education and simultaneously relieve the dis proportionate burden placed on local property taxes to fund schools. (2) The Ev idence-Based Funding formula under this Section sha ll be applied to all Organizational Units in this State . The Evidence-Based Funding formula outlined in this Act is based on the formula outlined in Senate Bill 1 of the 100th General Assembly, as passed by both l egislative chambers. As further defined and des cribed in this Section, there are 4 majo r components of the Evidence-Based Funding model:

(A) First, the model calculates a unique Adequacy Target for each Org anizational Unit in this State that considers the costs to imp lement research-based activities, the unit's stude nt demographics, and regional wage differences. (B) Second, the model calculat es each Organizational Unit's Local Capacity, or the amount each Organiza tional Unit is assumed to contribute toward its Adequacy Targe t from local resources. (C) Third, the model calc ulates how much funding the State currently contributes to the Organizational Unit and adds that to th e unit's Local Capacity to determine the unit's overall curren t adequacy of funding. (D) Finally, the model's distribution method allocates ne w State funding to those Organizational Units that are leas t well-funded, considering both Local Capac ity and State funding, in relation to their Adequacy Targe t. (3) An Orga nizational Unit receiving any funding under this Section may apply those funds to any fund so received for which that Organizati onal Unit is authorized to make expenditures by law. (4) As used in this S ection, the following terms shall have the meanin gs ascribed in this paragraph (4): "Adequacy Target" is defined in par agraph (1) of subsection (b) of this Section.

"Adjusted EAV" is def ined in paragraph (4) of subsection (d) of this Section. "Adjusted Local Capacity Target" is defined in paragraph (3) of subsection (c) of this Section. "Adjusted Operating Tax Rate" means a tax rate for all Organizational Units, for which the State Superinten dent shall calculate and subtract for the Operating Tax R ate a transportation rate based on total expenses fo r transportation services under this Code, as reported on the most recent Annual Financial Report in Pupil Trans portation Services, function 2550 in both the E ducation and Transportation funds and functions 4110 and 4120 in the Transportation fund, less any corresponding fiscal year State of Illinois scheduled payments excluding net a djustments for prior years for regular, vocational , or special education transportation reimbursement pursuant to Section 29-5 or subsection (b) of Section 14-13.01 of this Code d ivided by the Adjusted EAV. If an Organizational Unit's corresponding fiscal year State of Illinois scheduled paymen ts excluding net adjustments for prior years for reg ular, vocational, or special education transportation reimburs ement pursuant to Section 29-5 or subsection (b ) of Section 14-13.01 of this Code exceed the total transportation expen ses, as defined in this paragraph, no transportation rate sha ll be subtracted from the Operating Tax Rate. "Allocation Rate" is defined in p aragraph (3) of subsection (g) of this Section. "Alternative School" means a public school that is created and operate d by a regional superintendent of schools and appro ved by the State Board. "Applicable Tax Rate" is defined in paragraph (1) of su bsection (d) of this Section.

"Assessment" means any of those benchmark, progress monitoring, formative, diagnostic, and other assessments, in addition to the State accountability assessment, that assist teach ers' needs in understanding the skills and me eting the needs of the students they serve. "Assistant principal" means a school administrator duly endorsed to be employed as an assistan t principal in this State. " At-risk student" means a student who is at risk of not meet ing the Illinois Learning Standards or not graduat ing from elementary or high school and who demonstrates a n eed for vocational support or social services beyond t hat provided by the regular school program. All student s included in an Organizational Unit's Low-Income Count , as well as all English learner and disabled students at tending the Organizational Unit, shall be considered at-risk students under this Section. "Average Student Enrollment" or "ASE" for fiscal ye ar 2018 means, for an Organizational Unit, the greater of the average number of students (grades K through 12) reported to the State Board as enrolled in the Organizational Unit on October 1 in the immediately preceding school year, p lus the pre-kindergarten students who receive spe cial education services of 2 or more hours a day as reported to the State B oard on December 1 in the immediately preceding school ye ar, or the average number of students (grades K through 12 ) reported to the State Board as enrolled in the Organizational Unit on October 1, plus the pre-kin dergarten students who receive special education se rvices of 2 or more hours a day as reported to the State Board on December 1, for each of the immediate ly preceding 3 school years. For fiscal year 2019 an d each subsequent fiscal year, "Average Student Enrollment" or "ASE" means, for an Organizational Unit, the greater of the average number of students (grades K through 12) repor ted to the State Board as enrolled in the Organizational Unit on October 1 and March 1 in the immediately preceding school year, plus the pre-kindergarten students who receive special education servi ces as reported to the State Board on October 1 and March 1 in the immediately preceding school year, or the average number of students (grades K through 12) reported to t he State Board as enrolled in the Organizational Unit on Octo ber 1 and March 1, plus the pre-kindergarten students who receive special education services as reported to the State Board on October 1 and March 1, for each of the imm ediately preceding 3 school years. For the purposes of this definition, "enrolled in the Organizationa l Unit" means the number of students reported to the State Boa rd who are enrolled in schools within the Organizational Un it that the student attends or would attend if not placed o r transferred to another school or program to receive nee ded services. For the purposes of calculating "ASE", all s tudents, grades K through 12, excluding those attending kindergarten for a half day and students attending an al ternative education program operated by a regional off ice of education or intermediate service center, shall be counted as 1.0. All students attending kindergarten for a h alf day shall be counted as 0.5, unless in 2017 by June 15 or by March 1 in subsequent years, the school distric t reports to the State Board of Education the intent to i mplement full-day kindergarten district-wide fo r all students, then all students attending kindergarte n shall be counted as 1.0. Special education pre-kinderg arten students shall be counted as 0.5 each. If the State Board does not collect or has not collected both an Oct ober 1 and March 1 enrollment count by grade or a Decembe r 1 collection of special education pre-kinderga rten students as of August 31, 2017 (the effective date of Public Act 100-465), it shall establish such colle ction for all future years. For any year in which a c ount by grade level was collected only once, that coun t shall be used as the single count available for comp uting a 3-year average ASE. Funding for programs op erated by a regional office of education or an intermedia te service center must be calculated using the Evidenc e-Based Funding formula under this Section for the 2 019-2020 school year and each subsequent school ye ar until separate adequacy formulas are developed and adopt ed for each type of program. ASE for a program operated by a regional office of education or an intermediate service center must be determined by the March 1 enrollment for the program. For the 2019-2020 school year, the ASE use d in the calculation must be the first-year ASE and, in that year only, the assignment of students served by a re gional office of education or intermediate service center s hall not result in a reduction of the March enrollmen t for any school district. For the 2020-2021 school year, the ASE must be the greater of the current-year ASE o r the 2-year average ASE. Beginning with the 2021-2022 school year, the ASE must be the greater of t he current-year ASE or the 3-year avera ge ASE. School districts shall submit the data for the ASE calcu lation to the State Board within 45 days of the dates requ ired in this Section for submission of enrollment data in order for it to be included in the ASE calculation. For fiscal year 2018 only, the ASE calculation shall include only enrol lment taken on October 1. In recognition of the impact of C OVID-19, the definition of "Average Student Enrollme nt" or "ASE" shall be adjusted for calculations under th is Section for fiscal years 2022 through 2024. For fisca l years 2022 through 2024, the enrollment used in the calculati on of ASE representing the 2020-2021 school year shall be t he greater of the enrollment for the 2020-2021 school year or the 2019-2020 school year. "Base Funding Guarantee" is defined in paragraph (10) of subsection (g) of this Section. "Base Funding Minimum" is defined in subsecti on (e) of this Section. "Base Tax Year" means the property tax levy year used to calculate the Budget Year allocation of primary State aid. "Base Tax Year's Extension" means the p roduct of the equalized assessed valuation utilized by t he county clerk in the Base Tax Year multiplied by the lim iting rate as calculated by the county clerk and defined in PTELL. "Bili ngual Education Allocation" means the amount of an Orga nizational Unit's final Adequacy Target attributable to bi lingual education divided by the Organizational Unit's fina l Adequacy Target, the product of which shall be multip lied by the amount of new funding received pursuant to this Section. An Organizational Unit's final Adequacy T arget attributable to bilingual education shall include all addit ional investments in English learner students' adequacy elemen ts. "Budget Year" means t he school year for which primary State aid is calculated and awar ded under this Section. " Central office" means individual administra tors and support service personnel charged with managing the instructional programs, business and operations, and sec urity of the Organizational Unit. "Comparable Wage Index" or "CWI" means a regional cost differentiation metric that measures systemic, regional variations in the salaries of college graduates who are not educators. The CWI utilized for this Section shal l, for the first 3 years of Evidence-Based Funding im plementation, be the CWI initially developed by the National Center for Education Statistics, as m ost recently updated by Texas A & M University. In th e fourth and subsequent years of Evidence-Based Fund ing implementation, the State Superintendent shall re -determine the CWI using a similar methodology to that identified in the Texas A & M University stu dy, with adjustments made no less frequently than once every 5 years. "Computer technology and equi pment" means computers servers, notebooks, network equipment, copiers, printers, instr uctional software, security software, curriculum management courseware, and other similar materials and equipme nt. "Computer tec hnology and equipment investment allocation" means the final Adequ acy Target amount of an Organizational Unit assigned to Tier 1 or Tier 2 in the prior school year attributable to the additional $285.50 per student computer technology and equipment investment grant divided by the Organizational Unit's final Adequacy Target, the result of which sha ll be multiplied by the amount of new funding received pursuant to this Section. An Organizational Unit assigned to a Tier 1 or Tier 2 final Adequacy Target attributable to the received computer technology and equipment investment gran t shall include all additional investments in computer technolog y and equipment adequacy elements. "Core subject" means mathematics; science; reading, English, writing, and language arts; history and socia l studies; world languages; and subjects taught as Advance d Placement in high schools.

"Core teacher" means a regular classroom teacher in elementary schools and teachers of a core subject i n middle and high schools. "Core Intervention teacher (tut or)" means a licensed teacher providing one-on-one or small group tutoring to students struggling to meet proficiency in core subjects. "CPPRT" means corporate personal property re placement tax funds paid to an Organizational Unit during the calendar year one year before the calendar year in which a school year begins, pursuant to "An Act in relati on to the abolition of ad valorem personal property tax and the replacement of revenues lost thereby, and amending and repealing certain Acts and parts of Acts in connect ion therewith", certified August 14, 1979, as amended (Public Act 81-1st S.S.-1). "EAV" means equalized assessed valuation a s defined in paragraph (2) of subsection (d) of this Sec tion and calculated in accordance with paragraph (3) of su bsection (d) of this Section. "ECI" means the Bureau of Labor Statistics' natio nal employment cost index for civilian workers in edu cational services in elementary and secondary schools on a cumulative basis for the 12-month calendar year preceding the fiscal year of the Evidence-Based Funding calcul ation. "EIS Data" means the employment information s ystem data maintained by the State Board on educators within Organizational Units.

"Employee benefits" means health, dental, and vision insurance offered to employees of an Organizational Unit, t he costs associated with the statutorily required paym ent of the normal cost of the Organizational Unit's tea cher pensions, Social Security employer contributions, and Illinois Municipal Retirement Fund employer contributi ons. "English learner" or "EL" means a child included in the definition of "English lea rners" under Section 14C-2 of this Code partic ipating in a program of transitional bilingual education o r a transitional program of instruction meeting th e requirements and program application procedures of Articl e 14C of this Code. For the purposes of collecting the num ber of EL students enrolled, the same collection a nd calculation methodology as defined above for "ASE" shall appl y to English learners, with the exception that EL student enrollment shall include students in grades pre-kindergarten through 12. "Essential Elements" means those e lements, resources, and educational programs that h ave been identified through academic research as necessary to improve student success, improve academic performance, close achievement gaps, and provide for other per student c osts related to the delivery and leadership of the Organ izational Unit, as well as the maintenance and operati ons of the unit, and which are specified in paragraph (2) of subsection (b) of this Sect ion. "Evidence-Ba sed Funding" means State funding provided to an Organizational Unit pursuant to this Section. "Extended day" means academic and enric hment programs provided to students outside the r egular school day before and after school or during non-instructional times during the school day. "Extension Limitation Ratio " means a numerical ratio in which the numerator i s the Base Tax Year's Extension and the denominator is t he Preceding Tax Year's Extension.

"Final Percent of Adequacy" is defined in paragraph (4) of subsection (f) of this Secti on. "Final Resources" is defined in paragraph (3) of subsection (f) of this Section . "Full-time equi valent" or "FTE" means the full-time equivale ncy compensation for staffing the relevant position at an Organizational Unit. "Funding Gap" is defined in paragraph (1) of subsection (g). "H ybrid District" means a partial elementary unit district created p ursuant to Article 11E of this Code. "Instruct ional assistant" means a core or special education, non-licensed employee who assists a teacher in the classroom and provides academic support to students. "Instructional facilitator" me ans a qualified teacher or licensed teacher leader who faci litates and coaches continuous improvement in classroom instruction; provides instructional support to teachers in the elements of research-based instruction or demonstrates the alignment of instr uction with curriculum standards and assessment tools; develops or c oordinates instructional programs or strategies; develo ps and implements training; chooses standards-based ins tructional materials; provides teachers with an understanding of curre nt research; serves as a mentor, site coach, curric ulum specialist, or lead teacher; or otherwise works with fellow teachers, in collaboration, to use data to improve instructional practice or develop model lesso ns. "Instructional ma terials" means relevant instructional materials for student instruction, including, but not limited to, textbooks, consumable workbooks, lab oratory equipment, library books, and other similar materials. "Laboratory School" means a public school that is cre ated and operated by a public university and approved by the State Board. "Libra rian" means a teacher with an endorsement as a library inf ormation specialist or another individual whose prima ry responsibility is overseeing library resources within an Org anizational Unit. "Li miting rate for Hybrid Districts" means the combined elem entary school and high school limiting rates. "Local Capacity" is defined in paragraph (1) of subsection (c) of this Section. "Local Capacity Percentage" is defined in subparagraph (A) of paragraph (2) of su bsection (c) of this Section. "Local Capacity Ratio" is defined in subparagraph ( B) of paragraph (2) of subsection (c) of this S ection. "Local Capacity Target" is defined in paragraph (2) of subs ection (c) of this Section. "Low-Income Count" means, for an Orga nizational Unit in a fiscal year, the higher of the aver age number of students for the prior school year or the i mmediately preceding 3 school years who, as of Ju ly 1 of the immediately preceding fiscal year (as determine d by the Department of Human Services), are eligible for at least one of the following low-income programs: Medicaid, the Children's Health Insurance Program, Temporary Assistance for Needy Families (TANF), or the Supplem ental Nutrition Assistance Program, excluding pupils who are eligible for services provid ed by the Department of Children and Family Services. Until such time that grade level low-income populations become available, grade level low-income populations s hall be determined by applying the low-income percentage to total student enrol lments by grade level. The low-income percentage is de termined by dividing the Low-Income Count by the Average Student Enrollment . The low-income percentage for a regional office of ed ucation or an intermediate service center operating one or mo re alternative education programs must be set to the weighted ave rage of the low-income percentages of all of the school districts in the service region. The weighted low-income percentage is the result of multi plying the low-income percentage of each school di strict served by the regional office of education or inte rmediate service center by each school district's Average Stud ent Enrollment, summarizing those products and dividing th e total by the total Average Student Enrollment for the s ervice region. "Mainten ance and operations" means custodial services, facility and ground maintenance, facility operations, facility security, routine facility repairs, and other similar services and f unctions. "Minimum Funding Lev el" is defined in paragraph (9) of subsection (g) of thi s Section. "New Property Ta x Relief Pool Funds" means, for any given fiscal year, all Sta te funds appropriated under Section 2-3.170 of this Code.

"New State Funds" m eans, for a given school year, all State funds appropriated for Evidence-Based Funding in excess of the amount needed to fund the Base Funding Minimum for all Organizational Units i n that school year. "Nurse " means an individual licensed as a certified school nurse , in accordance with the rules established for nursing serv ices by the State Board, who is an employee of and is avai lable to provide health care-related services for stu dents of an Organizational Unit. "Ope rating Tax Rate" means the rate utilized in the previous year to extend property taxes for all purposes, except Bon d and Interest, Summer School, Rent, Capital Improvemen t, and Vocational Education Building purposes. For Hybrid Dis tricts, the Operating Tax Rate shall be the combined elementa ry and high school rates utilized in the previous year to ext end property taxes for all purposes, except Bond and Inter est, Summer School, Rent, Capital Improvement, and Voc ational Education Building purposes. "Organizational Unit" means a Laboratory School or an y public school district that is recognized as such by the St ate Board and that contains elementary schools typica lly serving kindergarten through 5th grades, middle schools typically serving 6th throu gh 8th grades, high schools typically serving 9th through 12th grades, a program established under Section 2-3. 66 or 2-3.41, or a program operated by a regional off ice of education or an intermediate service center under Articl e 13A or 13B. The General Assembly acknowledges that the actual grade levels served by a particular Organizational Unit may var y slightly from what is typical. "Organizational Unit CWI" is determined by c alculating the CWI in the region and original county in w hich an Organizational Unit's primary administrative offic e is located as set forth in this paragraph, provided that if the Organizational Unit CWI as calculated in accordan ce with this paragraph is less than 0.9, the Organizati onal Unit CWI shall be increased to 0.9. Each county's current CWI value shall be adjus ted based on the CWI value of that county's neighboring Illin ois counties, to create a "weighted adjusted index value" . This shall be calculated by summing the CWI values of all of a county's adjacent Illinois counties and dividing b y the number of adjacent Illinois counties, then taking the weighted value of the original county's CWI valu e and the adjacent Illinois county average. To calculate this weighte d value, if the number of adjacent Illinois count ies is greater than 2, the original county's CWI value wil l be weighted at 0.25 and the adjacent Illinois county aver age will be weighted at 0.75. If the number of adjac ent Illinois counties is 2, the original county's CWI value will be weighted at 0.33 and the adjacent Illinois county ave rage will be weighted at 0.66. The greater of the coun ty's current CWI value and its weighted adjusted index value shall be used as the Organizational Unit CWI. "Preceding Tax Year" means the property tax levy year immediately preceding the Bas e Tax Year. "Preceding Tax Year's Extension" means the product of the equalized as sessed valuation utilized by the county clerk in the Preceding Tax Year multiplied by the Operating Tax Rate.

"Preliminary Percent of Adequacy" is defined in paragraph (2) of subsection ( f) of this Section. "P reliminary Resources" is defined in paragraph (2) of s ubsection (f) of this Section. "Principal" means a school administrator duly e ndorsed to be employed as a principal in this State. "Professional development" means training programs for licensed staff in schools, incl uding, but not limited to, programs that assist in implem enting new curriculum programs, provide data focused or ac ademic assessment data training to help staff identify a st udent's weaknesses and strengths, target interventions, improve instruction, encompass instructional strategi es for English learner, gifted, or at-risk students, a ddress inclusivity, cultural sensitivity, or implicit bias, or otherwi se provide professional support for licensed staff. "Prototypical" means 450 spec ial education pre-kindergarten and kindergar ten through grade 5 students for an elementary sch ool, 450 grade 6 through 8 students for a middle schoo l, and 600 grade 9 through 12 students for a high school. "PTELL" means the Property Tax Extension Limit ation Law. "PTELL EAV" is defined in paragraph (4) of subsection (d) of this Section. "Pupil support staff" means a nurse, psy chologist, social worker, family liaison personnel, or other staff member who provides support to at-risk or stru ggling students.

"Real Receipts" is defined in paragraph (1) of subsection ( d) of this Section. "Reg ionalization Factor" means, for a particular Organizat ional Unit, the figure derived by dividing the Organizat ional Unit CWI by the Statewide Weighted CWI. "School counselor" means a licensed school counselor who provides guidance and counseling support for stud ents within an Organizational Unit. "School site staff" means the primary schoo l secretary and any additional clerical personnel assigne d to a school. "Specia l education" means special educational facilitie s and services, as defined in Section 14-1.08 of thi s Code. "Special Education Allocation" means the amount of an Organizational Unit's final Adequacy Target att ributable to special education divided by the Organizatio nal Unit's final Adequacy Target, the product of which s hall be multiplied by the amount of new funding received pu rsuant to this Section. An Organization al Unit's final Adequacy Target attributable to speci al education shall include all special education investment a dequacy elements. " Specialist teacher" means a teacher who provides instruc tion in subject areas not included in core subjects, including, but not limited to, art, music, physical education, health, driver education, c areer-technical education, and such other subject ar eas as may be mandated by State law or provided by an Organi zational Unit. "Specially Funded Unit" means an Alternative School, safe schoo l, Department of Juvenile Justice sch ool, special education cooperative or entity recogni zed by the State Board as a special education cooperative, State -approved charter school, or alter native learning opportunities program that received direct f unding from the State Board during the 2016-2017 sc hool year through any of the funding sources included with in the calculation of the Base Funding Minimum or Gle nwood Academy. "Supplem ental Grant Funding" means supplemental general State aid funding received by an Organizational Unit during the 2016 -2017 school year pursuant to subsection (H) of Section 18-8.05 of this Code (now repealed). "State Adequacy Level" is the sum of the Ad equacy Targets of all Organizational Units. "State Board" means the State Board of Education. "State Superintendent" means the State Superinte ndent of Education. "Statewide Weighted CWI" means a figure determined by multiplying each Organizational Unit CWI times the A SE for that Organizational Unit creating a weighted value, summing all Organizational Units' weighted valu es, and dividing by the total ASE of all Organizational Units , thereby creating an average weighted index. "Student activities" means non-c redit producing after-school programs, including, but not limited to, clubs, bands, sports, and other activities authorized by the school board of the Organizational Unit. "Substitute teacher" means an indi vidual teacher or teaching assistant who is employed by an Organizational Unit and is temporarily serving the Orga nizational Unit on a per diem or per peri od-assignment basis to replace another staff membe r. "Summer school" means academ ic and enrichment programs provided to students during the summer months outside of t he regular school year. " Supervisory aide" means a non-license d staff member who helps in supervising students of an Organ izational Unit, but does so outside of the classroom, in si tuations such as, but not limited to, monitoring hal lways and playgrounds, supervising lunchrooms, or super vising students when being transported in buses serving the Organizational Unit. "Target Rati o" is defined in paragraph (4) of subsection (g). "Tier 1", "Tier 2", "Tier 3", and " Tier 4" are defined in paragraph (3) of subsection (g). "Tier 1 Aggregate Funding", "Tier 2 Aggr egate Funding", "Tier 3 Aggregate Funding", and "Tier 4 Ag gregate Funding" are defined in paragraph (1) of subsect ion (g). (b) Adequacy Target calculation . (1) Each Organization al Unit's Adequacy Target is the sum of the Organiz ational Unit's cost of providing Essential Elements, as calcu lated in accordance with this subsection (b), with the sa lary amounts in the Essential Elements multiplied by a Regionalization Factor calculated pursuant to paragraph (3) of t his subsection (b).

(2) The Essential Elements are attributable on a pro rata basis related to defined subgroups of the ASE of each Organizational Unit as specified in this paragraph (2), with investments and FTE positions pro rata fund ed based on ASE counts in excess of or less than t he thresholds set forth in this paragraph (2). The m ethod for calculating attributable pro rata c osts and the defined subgroups thereto are as follows: (A) Core class size investmen ts. Each Organizational Unit shall receive the fundi ng required to support that number of FTE core tea cher positions as is needed to keep the respective class sizes of the Organizational U nit to the following maximum numbers: (i) For grades kindergarten through 3, the Organizational Unit shall receive funding requ ired to support one FTE core teacher position for every 15 Low-Income Count students in those grades and one FTE core teacher position for every 20 non-Low- Income Count students in those grades. (ii) For grades 4 through 12, the Organizational Uni t shall receive funding required to support one FTE core te acher position for every 20 Low-Income Count stude nts in those grades and one FTE core teacher position for every 25 non-Low-Income Count students in thos e grades. The n umber of non-Low-Income Count students in a grade shall be determined by subtracting the Low-Income students in that grade from the ASE of t he Organizational Unit for that grade. (B) Specialist teacher inves tments. Each Organizational Unit shall receive the fund ing needed to cover that number of FTE specialist teacher positions that correspond to the following percentages:

(i) if the Organizational Unit op erates an elementary or middle school, then 20.00% of the number of the Organizational Unit's core teacher s, as determined under subparagraph (A) of this paragraph (2); and (ii) if such Orga nizational Unit operates a high school, then 33.33% of the number of the Organizational Unit's core tea chers. (C ) Instructional facilitator investments. Each Organizat ional Unit shall receive the funding needed to cover one FTE instructional facilitator position for every 200 combined ASE of pre-kindergarten children with disabilities and all kindergarten through grade 12 students of the Organizational Unit . (D) Core interven tion teacher (tutor) investments. Each Organizational Unit shall receive the funding needed to cover one FTE teacher p osition for each prototypical elementary, middle, and high school. (E) Substitute teacher investments. Each Organizational Unit shall receive the funding needed to cover substitute teacher costs that is equ al to 5.70% of the minimum pupil attendance days required under Section 10-19 of this Code fo r all full-time equivalent core, specia list, and intervention teachers, school nurses, special education teachers and instructional assistants, instr uctional facilitators, and summer school and e xtended day teacher positions, as determined under this paragraph ( 2), at a salary rate of 33.33% of the average salary for gra de K through 12 teachers and 33.33% of the average sa lary of each instructional assistant position. (F) Core school c ounselor investments. Each Organizational Unit s hall receive the funding needed to cover one FTE school counselor for each 450 comb ined ASE of pre-kindergarten children with disabilities a nd all kindergarten through grade 5 students, plus one FTE school counselor for each 250 grades 6 thr ough 8 ASE middle school students, plus one FTE school counselor for each 250 g rades 9 through 12 ASE high school students. (G) Nurse investment s. Each Organizational Unit shall receive the fundi ng needed to cover one FTE nurse for each 750 combin ed ASE of pre-kindergarten children with disabilities and all kindergarten through grade 12 students ac ross all grade levels it serves. (H) Supervisory aide i nvestments. Each Organizational Unit shall receiv e the funding needed to cover one FTE for each 225 com bined ASE of pre-kindergarten children with disa bilities and all kindergarten through grade 5 stud ents, plus one FTE for each 225 ASE middle scho ol students, plus one FTE for each 200 ASE high school students. (I) Librarian investments. Each Organizati onal Unit shall receive the funding needed to c over one FTE librarian for each prototypical elementa ry school, middle school, and high school and one FTE aide or media technician for every 300 combined A SE of pre-kindergarten children with disabilit ies and all kindergarten through grade 12 students. (J) Principal invest ments. Each Organizational Unit shall receive the funding ne eded to cover one FTE principal position for each prototypical elementary school, plus one FTE principal pos ition for each prototypical middle school, plus one FTE principal position for each prototypical high school. (K) Assistant principal investments. E ach Organizational Unit shall receive the funding nee ded to cover one FTE assistant principal posit ion for each prototypical elementary school, plus one FTE assistant principal position for each prototypical m iddle school, plus one FTE assistant principal positio n for each prototypical high school. (L) School site staff investments. Each Organizat ional Unit shall receive the funding needed for one FTE position for each 225 ASE of pre-kindergarte n children with disabilities and all kindergarten t hrough grade 5 students, plus one FTE position for each 225 ASE middle school students, plus one FTE posi tion for each 200 ASE high school students. (M) Gifted investments. Each Organizational Unit shall receive $40 per kindergarten through grade 12 ASE. (N) Professional development investments. Each Organ izational Unit shall receive $125 per student of th e combined ASE of pre-kindergarten children with disabilities and a ll kindergarten through grade 12 students for trainers and other professional development-related exp enses for supplies and materials. (O) Instructional material investme nts. Each Organizational Unit shall receive $190 per student of the combined ASE of pre-kinderga rten children with disabilities and all kindergarten through grade 12 students to cover instructional material c osts. (P) As sessment investments. Each Organizational Unit shall receive $25 per student of the combined ASE of pre-kindergarten children with disabilities a nd all kindergarten through grade 12 students to cover assessment costs. (Q) Computer technology an d equipment investments. Each Organizational Unit shall recei ve $285.50 per student of the combined ASE of pre-kindergarten children with dis abilities and all kindergarten through grade 12 students to cover computer technology and equipment costs. For th e 2018-2019 school year and subsequent school years , Organizational Units assigned to Tier 1 and Tier 2 in the prior school year shall receive an a dditional $285.50 per student of the combined ASE of pre-kindergarten children with di sabilities and all kindergarten through grade 12 students to cover computer technology and equipment costs in t he Organizational Unit's Adequacy Target. The State Board may establish additional requirements for Organiza tional Unit expenditures of funds received pursuant to this subparagraph (Q), including a requirement that funds received pursuant to thi s subparagraph (Q) may be used only for serving the tec hnology needs of the district. It is the intent of Public Act 100-465 that all Tier 1 and Tier 2 distri cts receive the addition to their Adequacy Targ et in the following year, subject to compliance with the requir ements of the State Board. (R) Student activities investments. E ach Organizational Unit shall receive the follow ing funding amounts to cover student activities: $100 p er kindergarten through grade 5 ASE student in elementary sch ool, plus $200 per ASE student in middle school, plus $ 675 per ASE student in high school. (S) Maintenance and oper ations investments. Each Organizational Unit shall re ceive $1,038 per student of the combined ASE of pre -kindergarten children with disabilities and a ll kindergarten through grade 12 students for day-to-day maintenance and operations expenditur es, including salary, supplies, and materials, as well as purchased services, but excluding employee b enefits. The proportion of salary for the applica tion of a Regionalization Factor and the calculati on of benefits is equal to $352.92. (T) Central office investments. Each Or ganizational Unit shall receive $742 per student of t he combined ASE of pre-kindergarten child ren with disabilities and all kindergarten through grade 12 st udents to cover central office operations, including administrators and classified personnel charged with managing the instructional programs, business and operations of the school district, and security person nel. The proportion of salary for the application of a Regionalization Factor and the calculation of benefits is equal to $ 368.48. (U) Employee benefit investments. Each Organizational Unit shall receive 30% of the total of all salary-calculated elem ents of the Adequacy Target, excluding substitute t eachers and student activities investments, to cover benefit co sts. For central office and maintenance and op erations investments, the benefit calculation shall be based upon the salary proportion of each inve stment. If at any time the responsibility for fundin g the employer normal cost of teacher pensions is assigned to school districts , then that amount certified by the Teachers' Ret irement System of the State of Illinois to be paid by the Organizational Unit for the preceding school year sha ll be added to the benefit investment. For any fisc al year in which a school district organized under Arti cle 34 of this Code is responsible for paying the emp loyer normal cost of teacher pensions, then that a mount of its employer normal cost plus the amoun t for retiree health insurance as certified by the Public School Teachers' Pension and Retir ement Fund of Chicago to be paid by the school district for the preceding school year that is statutorily required to cover e mployer normal costs and the amount for retiree health insurance shall be added to the 30% specified in this subpar agraph (U). The Teachers' Retirement System of the St ate of Illinois and the Public School Teachers' P ension and Retirement Fund of Chicago shall submit such information as the State Superintendent may requir e for the calculations set forth in this subparagr aph (U). (V) Additional investments in low-income students. In addition to and not in lieu of all other funding under this paragraph (2), each Organizational Unit shall receive funding based on the average teache r salary for grades K through 12 to cover the cost s of: (i ) one FTE intervention teacher (tutor) position for ev ery 125 Low-Income Count students; (ii) one FTE pupil support staff position for every 125 Low-Incom e Count students; (iii) one FTE extended day teache r position for every 120 Low-Income Count studen ts; and

(iv) one FTE summer school teacher position for every 120 Low-Income Count students. (W) Additional investments in English learner students. In addition to and not in lieu of all other funding under this paragraph (2), each Organizational Unit shall receive funding bas ed on the average teacher salary for grades K th rough 12 to cover the costs of: (i) one FTE intervention teacher (tutor) position for every 125 English learner students; (ii) o ne FTE pupil support staff position for every 125 English learner students; (iii) one FTE exten ded day teacher position for every 120 English learner students; (iv) one FTE summer school teacher po sition for every 120 English learner students; and (v) one FTE core teacher position fo r every 100 English learner students.

(X) Special education investments. Each Organizational Unit sh all receive funding based on the average teacher salary for grades K through 12 to cover special education as follows: (i) one FTE teacher p osition for every 141 combined ASE of pre-kinder garten children with disabilities and all kinder garten through grade 12 students; (ii) one FT E instructional assistant for every 141 combined ASE of pre -kindergarten children with disabilities and all kindergarten through gr ade 12 students; and (iii) one FTE psychologist position for every 1,000 combined ASE of pre-kindergarten children with disabilities and a ll kindergarten through grade 12 students. (3) For calculating the salaries included within the Essential Elements, the State Superintendent shall annually calculate av erage salaries to the nearest dollar using the employment info rmation system data maintained by the State Board, limited t o public schools only and excluding special educatio n and vocational cooperatives, schools operated by the Department of Juvenile Justice, and charter school s, for the following positions: (A) Teacher for grades K through 8. (B) Teacher for grades 9 thro ugh 12. (C ) Teacher for grades K through 12. (D) School counselor for gra des K through 8. (E) School counselor for grades 9 through 12. (F) Sc hool counselor for grades K through 12. (G) Social worker. (H) Psychologist.

(I) Librarian.

(J) Nurse.

(K) Principal. (L) Assistant prin cipal. For the purposes of this paragraph (3), "teacher" includes core teac hers, specialist and elective teachers, instructional fac ilitators, tutors, special education teachers, pupil sup port staff teachers, English learner teachers, extended day teachers, and summer school teachers. Where specific grade data is not required for the Essential Elements, the average salary for corresponding positions shall apply. For sub stitute teachers, the average teacher salary for grades K through 12 shall app ly. For calculating the salaries included within t he Essential Elements for positions not included within EIS Data, the following salarie s shall be used in the first year of implementation of Evidence-Based Funding: (i) school site staf f, $30,000; and (i i) non-instructional assistant, instructional assi stant, library aide, library media tech, or supervis ory aide: $25,000. I n the second and subsequent years of implementation of Evidence-Based Funding, the amounts in items (i) and (ii) of t his paragraph (3) shall annually increase by the ECI. The salary amounts for the Essential Elements determined pursuant to subparagr aphs (A) through (L), (S) and (T), and (V) through (X) of paragraph (2) of subsection (b) of this Section s hall be multiplied by a Regionalization Factor.

(c) Local Capacity calculation.

(1) Each Organizationa l Unit's Local Capacity represents an amount o f funding it is assumed to contribute toward its Adequa cy Target for purposes of the Evidence-Based Fundin g formula calculation. "Local Capacity" means either (i) the Organizational Unit's Local Capacity Target as calculated in accordance with para graph (2) of this subsection (c) if its Real Receipts are equal to or less th an its Local Capacity Target or (ii) the Organizational Unit's Adj usted Local Capacity, as calculated in accordanc e with paragraph (3) of this subsection (c) if Real Recei pts are more than its Local Capacity Target. (2) "Local Capacity Target" means, for an Organizational Unit, that dollar amount that is obtained by multiplying its Adequacy Target by its Local Capacity Ratio. (A) An Organizational Unit's Local Capa city Percentage is the conversion of the Organiza tional Unit's Local Capacity Ratio, as such ratio is det ermined in accordance with subparagraph (B) of this paragraph (2), into a cumulative distribution resulti ng in a percentile ranking to determine each Organiz ational Unit's relative position to all other Org anizational Units in this State. The calculation of Local Capacity Percentage is described in subparagraph (C) of t his paragraph (2). (B) An Organizational Unit's Local Capacity Ratio in a giv en year is the percentage obtained by dividing its Adjuste d EAV or PTELL EAV, whichever is less, by its Adequacy Target, with the resulting ratio further adjusted as follows: (i) for Organizational Units serving grades kin dergarten through 12 and Hybrid Districts, no further adjustments shall be made; (ii) for Organizational Units serving grades kindergarten through 8, the ratio s hall be multiplied by 9/13; (iii) for Organiza tional Units serving grades 9 through 12, the Local Capacity Ratio shall be multiplied by 4/13; a nd (iv) for an Organizational Unit with a different gr ade configuration than those specified in items (i) through (iii) of this subparagraph (B), the State Sup erintendent shall determine a comparable adjustment bas ed on the grades served.

(C) The Local Capacity Percentage is equal t o the percentile ranking of the district. Local Capacity Perce ntage converts each Organizational Unit's Local Capacit y Ratio to a cumulative distribution resulting in a p ercentile ranking to determine each Organizational Uni t's relative position to all other Organizational U nits in this State. The Local Capacity Percentage cumulative d istribution resulting in a percentile ranking for each Organizational Unit shall be calculated using the standard normal distribution of the score in relation to the weighted m ean and weighted standard deviation and Loc al Capacity Ratios of all Organizational Units. I f the value assigned to any Organizational Unit is in excess of 90%, the value shall be adjusted to 90%. For Lab oratory Schools, the Local Capacity Percentage shall be set at 10% in recognition of the absence of EAV and re sources from the public university that are allocat ed to the Laboratory School. For a regional offi ce of education or an intermediate service cente r operating one or more alternative education programs, the Local Capacity Perce ntage must be set at 10% in recognition of the absence of EAV and resources from school districts that are alloca ted to the regional office of education or intermedia te service center. The weighted mean for the Local Cap acity Percentage shall be determined by mu ltiplying each Organizational Unit's Local Capacity R atio times the ASE for the unit creating a weighted val ue, summing the weighted values of all Organizatio nal Units, and dividing by the total ASE of all Organi zational Units. The weighted standard deviation shall be determined by taking the square root of the we ighted variance of all Organizational Units' Local Cap acity Ratio, where the variance is calculated by squar ing the difference between each unit's Local Capacity R atio and the weighted mean, then multiplying the varia nce for each unit times the ASE for the unit to c reate a weighted variance for each unit, then summing all units' weighted variance and dividing by th e total ASE of all units. (D) For any Organizational Unit, the O rganizational Unit's Adjusted Local Capacity Ta rget shall be reduced by either (i) the school board's remaining contribution pursuant to paragraph (i i) of subsection (b-4) of Section 16-158 of the Illinois Pension Code in a given year or (ii) the board of education's remaining contribution purs uant to paragraph (iv) of subsection (b) of Section 1 7-129 of the Illinois Pension Code absent the employer normal cost portion of the required contri bution and amount allowed pursuant to subdivision (3) o f Section 17-142.1 of the Illinois Pension Code i n a given year. In the preceding sentence, item (i) shall be certified to the State Board of Education by the Teachers' Retirement System of the State of Illinois and item (ii) shall be certified to the St ate Board of Education by the Public School Teacher s' Pension and Retirement Fund of the City of Chicago.

(3) If an Organizat ional Unit's Real Receipts are more than its Local C apacity Target, then its Local Capacity shall equal an Adjusted Local Capacity Target as calculated in accordance with this paragraph (3). The Adjusted Local Capacity Targ et is calculated as the sum of the Organizational Unit's Local Capacity Target and its Real Receipts Ad justment. The Real Receipts Adjustment equals the Organizationa l Unit's Real Receipts less its Local Capacity Tar get, with the resulting figure multiplied by th e Local Capacity Percentage. As used in this paragraph (3), "Real Percent of A dequacy" means the sum of an Organizational Unit's Re al Receipts, CPPRT, and Base Funding Minimum, w ith the resulting figure divided by the Organizational Unit's Adequacy Target. (d) Calculation of Real Receipts, EAV, and Adjusted EAV for purpose s of the Local Capacity calculation. (1) An Organizational Uni t's Real Receipts are the product of its Applicable T ax Rate and its Adjusted EAV. An Organizational Unit's Applicable Tax Rate is its Adjusted Operating Tax Rate for property within t he Organizational Unit. (2) The State Superintendent shall calculate t he equalized assessed valuation, or EAV, of all taxabl e property of each Organizational Unit as of September 30 o f the previous year in accordance with paragraph (3) of this subsection (d). The State Superintendent shall the n determine the Adjusted EAV of each Organizational Unit in accordance with paragraph (4) of this subsect ion (d), which Adjusted EAV figure shall be used for the purposes of calcu lating Local Capacity. (3) To calculate Real Receipts and EAV, the Departmen t of Revenue shall supply to the State Superintenden t the value as equalized or assessed by the Department of Revenue of all taxable property of every Organizational Unit, together with (i) the appl icable tax rate used in extending taxes for the funds of the Organizational Un it as of September 30 of the previous year and (ii) the l imiting rate for all Organizational Units subject to prop erty tax extension limitations as imposed under PTEL L. (A) The Department of Revenue shall add to the equalized assessed value of all taxable property of each Organiza tional Unit situated entirely or partially within a c ounty that is or was subject to the provisions of Section 1 5-176 or 15-177 of the Property Tax Code (i) an amount equal to the total amount by which the homes tead exemption allowed under Section 15-176 or 15-177 of the Property Tax Code for real property sit uated in that Organizational Unit exceeds the total amoun t that would have been allowed in that Organizational Unit i f the maximum reduction under Section 15-176 was (I) $4 ,500 in Cook County or $3,500 in all other counties in t ax year 2003 or (II) $5,000 in all counties in tax y ear 2004 and thereafter and (ii) an amount equal to the aggregate amount for the taxable year of all additional exemptions under Section 15-175 of the Property Tax Code for owners with a household income of $30,000 o r less. The county clerk of any county that is or was subject to the provisions of Section 15-176 or 15-177 of the Property Tax Cod e shall annually calculate and certify to the Department of Revenue for each Organizational Unit all homestead exemption amounts under Section 15-176 o r 15-177 of the Property Tax Code and all amounts of additional exemptions under Section 15-175 of the Property Tax Code for owners with a household income of $30, 000 or less. It is the intent of this subparagraph ( A) that if the general homestead exemption for a parcel of prop erty is determined under Section 15-176 or 15-177 of the Property Tax Code rather than Section 1 5-175, then the calculation of EAV shall not be affected by the difference, if any, between the amount of the general homestead exemption allowed for that parce l of property under Section 15-176 or 15-177 of the Property Tax Code and the amount that wou ld have been allowed had the general homestead e xemption for that parcel of property been determined unde r Section 15-175 of the Property Tax Code. It is further the intent of this subparagraph (A) that i f additional exemptions are allowed under Section 15-175 of t he Property Tax Code for owners with a household inco me of less than $30,000, then the calculation of EAV sh all not be affected by the difference, if any, because of those additional exemptions. (B) With respect to any part of an Organiza tional Unit within a redevelopment project area in re spect to which a municipality has adopted tax increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act, Division 7 4.4 of Article 11 of the Illinois Municipal Code, or the Indus trial Jobs Recovery Law, Division 74.6 of Article 11 of th e Illinois Municipal Code, no part of the current EAV of real property located in any such project area tha t is attributable to an increase above the total i nitial EAV of such property shall be used as part of the EAV o f the Organizational Unit, until such time as all re development project costs have been paid, as provided in Section 11-74.4-8 of the Tax Increment All ocation Redevelopment Act or in Section 11-74. 6-35 of the Industrial Jobs Recovery Law. For the purpose of the EAV of the Organizational Unit, the to tal initial EAV or the current EAV, whichever is lower, shall be used until such time as all redevelopm ent project costs have been paid. (B-5) Th e real property equalized assessed valuation for a school dist rict shall be adjusted by subtracting from the real pro perty value, as equalized or assessed by the De partment of Revenue, for the district an amount com puted by dividing the amount of any abatement of taxes under Section 18-170 of the Property Tax Code b y 3.00% for a district maintaining grades kindergarten through 12, by 2.30% for a district maintaining grades kindergarten through 8, or by 1.05% for a district mai ntaining grades 9 through 12 and adjusted by an amou nt computed by dividing the amount of any abatement of taxes under subsection (a) of Section 18-165 of the Property Tax Code by the same percentag e rates for district type as specified in this subparagraph (B-5). (C) For Organi zational Units that are Hybrid Districts, the State S uperintendent shall use the lesser of the adjuste d equalized assessed valuation for property within t he partial elementary unit district for elementary purposes, as defined in Article 11E of this Code, or the ad justed equalized assessed valuation for property within the p artial elementary unit district for high school purpo ses, as defined in Article 11E of this Code. (D) If a school di strict's boundaries span multiple counties, then the D epartment of Revenue shall send to the State Board, for t he purposes of calculating Evidence-Based Fundin g, the limiting rate and individual rates by pu rpose for the county that contains the majority of the school district's equalized assessed valuation. (4) An Organizational U nit's Adjusted EAV shall be the average of its EAV ove r the immediately preceding 3 years or the lesser of its EAV in the immediately preceding year or the average of its EAV over the immediately preceding 3 years if the EAV in the immediately preceding year has declined by 10% or mo re when comparing the 2 most recent years. In the event of Organizational Unit reorganization, consoli dation, or annexation, the Organizational Unit's Adjusted EAV for the first 3 years after such c hange shall be as follows: the most current EAV shal l be used in the first year, the average of a 2-year EAV or its EAV in the immediately preceding ye ar if the EAV declines by 10% or more when comparing the 2 most rec ent years for the second year, and the lesser of a 3-year average EAV or its EAV in the immediately preceding year if the Adjusted EAV declines by 10% or more when comparing the 2 most recent years for the thir d year. For any school district whose EAV in the imm ediately preceding year is used in calculations , in the following year, the Adjusted EAV shall be the avera ge of its EAV over the immediately preceding 2 years or the i mmediately preceding year if that year represents a declin e of 10% or more when comparing the 2 most recent years. "PTELL EAV" means a figur e calculated by the State Board for Organizational Unit s subject to PTELL as described in this paragraph (4) for the purposes of calculating an Organizational Unit's Local Capacity Ratio. Except as otherwise provided in this pa ragraph (4), the PTELL EAV of an Organizational Unit shall be equal to the product of the equalized assessed valuati on last used in the calculation of general State aid under Secti on 18-8.05 of this Code (now repealed) or Evidence-Based Funding under this Section and the Organization al Unit's Extension Limitation Ratio. If an Organizational Unit h as approved or does approve an increase in its limi ting rate, pursuant to Section 18-190 of the Proper ty Tax Code, affecting the Base Tax Year, the PTELL EAV shall be equal to the product of the equalized as sessed valuation last used in the calculation of gener al State aid under Section 18-8.05 of this Code (now repealed) or Evidence-Based Funding under t his Section multiplied by an amount equal to one pl us the percentage increase, if any, in the Consumer Price Index f or All Urban Consumers for all items published by the Uni ted States Department of Labor for the 12-mon th calendar year preceding the Base Tax Year, plus t he equalized assessed valuation of new property, annexed pr operty, and recovered tax increment value and minus the equalized assessed valuation of disconnected property. As used in this paragraph (4), "new property" and "recovered tax increment value" shall ha ve the meanings set forth in the Property Tax Extension Limi tation Law. (e) Base Funding Minimum calc ulation. (1) For the 2017-2018 school year, the Base Funding Minimum of an Organizational Unit or a Specially Funded Unit shall be the amo unt of State funds distributed to the Organizational Unit o r Specially Funded Unit during the 2016-2017 sc hool year prior to any adjustments and specified appropriation a mounts described in this paragraph (1) from the following Secti ons, as calculated by the State Superintendent: Section 18-8.05 of this Code (now repealed); Section 5 of Arti cle 224 of Public Act 99-524 (equity grants); Sec tion 14-7.02b of this Code (funding for children re quiring special education services); Section 14-13.01 of this Code (special education facilities and staffing), except for reimbursement of the cost of transp ortation pursuant to Section 14-13.01; Section 14C-12 of this Code (Engl ish learners); and Section 18-4.3 of this Code (su mmer school), based on an appropriation level of $13,121 ,600. For a school district organized under Article 34 of this Code, the B ase Funding Minimum also includes (i) the funds allocated to the sch ool district pursuant to Section 1D-1 of this Code attribu table to funding programs authorized by the Sections of this Code listed in the preceding sentence and (ii) the dif ference between (I) the funds allocated to the school di strict pursuant to Section 1D-1 of this Code attrib utable to the funding programs authorized by Secti on 14-7.02 (non-public special education reim bursement), subsection (b) of Section 14-13.01 (special ed ucation transportation), Section 29-5 (transporta tion), Section 2-3.80 (agricultural education), Section 2-3.66 (truants' alternative education), Section 2-3.62 (educational service centers), and Section 14-7.03 (special education - orpha nage) of this Code and Section 15 of the Childhood Hunge r Relief Act (free breakfast program) and (II) the school district' s actual expenditures for its non-public special ed ucation, special education transportation, transportation programs, agricultural education, truants' alternative e ducation, services that would otherwise be performed by a r egional office of education, special education orphanage expendi tures, and free breakfast, as most recently calculated an d reported pursuant to subsection (f) of Section 1D-1 of this Code. The Base Funding Minimum for Glenw ood Academy shall be $952,014. For programs operated by a region al office of education or an intermediate service center, the Base Funding Minimum must be the total amount of S tate funds allocated to those programs in the 2018-2019 school year and amounts provided pursuant to Article 34 of P ublic Act 100-586 and Section 3-16 of thi s Code. All programs established after June 5, 2019 (th e effective date of Public Act 101-10) and administered by a regional office of education or an intermediate service center m ust have an initial Base Funding Minimum set to an amoun t equal to the first-year ASE multiplied by the amount of per pupil funding received in the previous school year by the lowest funded similar existing p rogram type. If the enrollment for a program operated by a regional office of education or an intermediate service center is zero, then it may not receive Base Funding Minimum funds for that program in the next fiscal year, and those funds must be distributed to Organizatio nal Units under subsection (g). (2) For the 2018-2019 and subsequent school years, the Base Funding Minimum of Organizational Units an d Specially Funded Units shall be the sum of (i) the amou nt of Evidence-Based Funding for the prior school yea r, (ii) the Base Funding Minimum for the prior school year, and ( iii) any amount received by a school district pursuant to Secti on 7 of Article 97 of Public Act 100-21. For the 2022-2023 school year, t he Base Funding Minimum of Organizational Units shall be the amounts recalculated by the State Board of Edu cation for Fiscal Year 2019 through Fiscal Year 2022 that were necessary due to average student enrollment errors for dist ricts organized under Article 34 of this Code, plus the F iscal Year 2022 property tax relief grants provided und er Section 2-3.170 of this Code, ensuring e ach Organizational Unit has the correct amount of res ources for Fiscal Year 2023 Evidence-Based Funding ca lculations and that Fiscal Year 2023 Evidence-Based Funding Distributions are made in accordance with this Section.

(3) Subject to approval by the General Assembly as provided in this paragraph (3), an Organizatio nal Unit that meets all of the following criteria, as determined by the State Board, shall have District Interventio n Money added to its Base Funding Minimum at the time the Base Funding Minimum is calculated by the State Board : (A) The Organizational Unit is operati ng under an Independent Authority under Section 2-3.25 f-5 of this Code for a minimum of 4 school year s or is subject to the control of the State Board pursua nt to a court order for a minimum of 4 school years.

(B) The Organiza tional Unit was designated as a Tier 1 or Tier 2 Organiza tional Unit in the previous school year under paragr aph (3) of subsection (g) of this Section. (C) The Organizational Unit demonstrat es sustainability through a 5-year financial and strategi c plan. (D) The Organiza tional Unit has made sufficient progress and achieved suffic ient stability in the areas of governance, academic growt h, and finances. As part of its determination under this paragraph (3), the St ate Board may consider the Organizational Unit's summati ve designation, any accreditations of the Organizationa l Unit, or the Organizational Unit's financial profile, as calculated by the Sta te Board. If the State Boar d determines that an Organizational Unit has met the criteria set forth in this paragraph (3), it must submit a report t o the General Assembly, no later than January 2 of the fiscal year in which the State Board makes it determination, on the amount of District Intervention Money to add to the Orga nizational Unit's Base Funding Minimum. The General A ssembly must review the State Board's report and may approve or disapprove, by joint resolution, the addition of District Intervention Money. If the General Assembly fails to act on the report within 4 0 calendar days from the receipt of the repor t, the addition of District Intervention Money is deemed app roved. If the General Assembly approves the amount of District Intervention Money to be added to the Organizational Unit's Base Fund ing Minimum, the District Intervention Money must be added to the Base Funding Minimum annually thereafter. For the first 4 years following the initial year that the State Board de termines that an Organizational Unit has met the criteria set forth in this paragr aph (3) and has received funding under this Section, the Or ganizational Unit must annually submit to the State Board, on or before November 30, a progress report regarding its financial and strategic plan under subparagraph (C) of this paragraph (3). The plan shall include the financi al data from the past 4 annual financial reports or fin ancial audits that must be presented to the State Board by November 15 of each year and the approved budget financ ial data for the current year. The plan shall be develop ed according to the guidelines presented to the Organizati onal Unit by the State Board. The plan shall further inc lude financial projections for the next 3 fiscal years and include a discussion and financial summary of the Or ganizational Unit's facility needs. If the Orga nizational Unit does not demonstrate sufficient progress toward its 5-year plan or if it has failed to f ile an annual financial report, an annual budget, a financ ial plan, a deficit reduction plan, or other financial infor mation as required by law, the State Board may establish a Financial Oversight Panel under Article 1H of this Code. However, if the Organizational Unit already has a Financ ial Oversight Panel, the State Board may extend the duratio n of the Panel. (f) Percent of Adequacy and Final Resources calculation. (1) The Evidence-Based Funding formul a establishes a Percent of Adequacy for each Organization al Unit in order to place such units into tiers for the purp oses of the funding distribution system described in subsection (g) of this Section. Initially, an Organization al Unit's Preliminary Resources and Preliminary Percent of Adequacy are calculated pursuant to paragraph (2) of this subsection (f). Then, an Organizational Unit's Final Resources and Final Percent of Adequacy are calc ulated to account for the Organizational Unit's poverty con centration levels pursuant to paragraphs (3) and (4) of this sub section (f). (2) An O rganizational Unit's Preliminary Resources are equal to the sum of its Local Capacity Target, CPPRT, and Base Fund ing Minimum. An Organizational Unit's Preliminary Perc ent of Adequacy is the lesser of (i) its Prelim inary Resources divided by its Adequacy Target or (ii) 100%. (3) Except f or Specially Funded Units, an Organizational Unit's Final Resources are equal to the sum of its Local Capacity, C PPRT, and Adjusted Base Funding Minimum. The Base Funding Minimum of each Specially Funded Unit shall serve as its Final Re sources, except that the Base Funding Minimum for State -approved charter schools shall not include any porti on of general State aid allocated in the prior yea r based on the per capita tuition charge times the charter school enrollment.

(4) An Organizational Unit's Final Percent of A dequacy is its Final Resources divided by its Adequacy Tar get. An Organizational Unit's Adjusted Base Fu nding Minimum is equal to its Base Funding Minimum less its Supplemental Grant Funding, with the resulting fi gure added to the product of its Supplemental Grant Funding a nd Preliminary Percent of Adequacy. (g) Evidence-Based Funding formula distribution system.

(1) In each school ye ar under the Evidence-Based Funding formula, each Organizational Unit receives funding equal to the sum of its Base Funding Mi nimum and the unit's allocation of New State Funds determin ed pursuant to this subsection (g). To allocate New Stat e Funds, the Evidence-Based Funding formula distribut ion system first places all Organizational Units into one of 4 tiers in accordance with paragraph (3) of this subsectio n (g), based on the Organizational Unit's Final Per cent of Adequacy. New State Funds are allocated to e ach of the 4 tiers as follows: Tier 1 Aggregate Funding equals 50% of all New Sta te Funds, Tier 2 Aggregate Funding equals 49% of all New Stat e Funds, Tier 3 Aggregate Funding equals 0.9% of all New S tate Funds, and Tier 4 Aggregate Funding equals 0.1% of all New State Funds. Each Organizational Unit within Ti er 1 or Tier 2 receives an allocation of New State Fun ds equal to its tier Funding Gap, as defined in the follow ing sentence, multiplied by the tier's A llocation Rate determined pursuant to paragraph (4) of this subsection (g). For Tier 1, an O rganizational Unit's Funding Gap equals the tier's Target Rat io, as specified in paragraph (5) of this subsection (g), m ultiplied by the Organizational Unit's Adequacy Target, with the resulting amount reduced by the Organizational Unit's Final Resources. For Tier 2, an Organizational U nit's Funding Gap equals the tier's Target Ratio, as described in paragraph (5) of this subsection (g), multiplied by the Organizational Unit's Adequacy Target, with the re sulting amount reduced by the Organizational Unit's Final Resources and its Tier 1 funding allocation. To det ermine the Organizational Unit's Funding Gap, the resulti ng amount is then multiplied by a factor equal to one min us the Organizational Unit's Local Capacity Target perce ntage. Each Organizational Unit within Tier 3 or Tier 4 re ceives an allocation of New State Funds equal to the pro duct of its Adequacy Target and the tier's Allocation Rate, as specified in paragraph (4) of this subsection (g). (2) To ensure eq uitable distribution of dollars for all Tier 2 Organizat ional Units, no Tier 2 Organizational Unit shall receive f ewer dollars per ASE than any Tier 3 Organizational Unit. Each Tier 2 and Tier 3 Organizational Unit shall have its funding allocation divided by its ASE. Any Tier 2 Organiza tional Unit with a funding allocation per ASE belo w the greatest Tier 3 allocation per ASE shall get a fun ding allocation equal to the greatest Tier 3 funding allocation per ASE multiplied by the Organizational Uni t's ASE. Each Tier 2 Organizational Unit's Tier 2 funding allocation shall be multiplied by the percentage c alculated by dividing the original Tier 2 Aggregate Fundin g by the sum of all Tier 2 Organizational Units' Tier 2 funding allocation after adjusting districts' funding below Tier 3 levels. (3) Organizational Units are placed into one of 4 tiers as follows: (A) Tier 1 consists of all Organizational Units, excep t for Specially Funded Units, with a Percent of Adequac y less than the Tier 1 Target Rati o. The Tier 1 Target Ratio is the ratio level that allows for Tier 1 Aggregate Funding to be distributed, with the T ier 1 Allocation Rate determined pursuant to paragraph (4 ) of this subsection (g). (B) Tier 2 consists of all Tier 1 Units and all oth er Organizational Units, except for Specially Funded Unit s, with a Percent of Adequacy of less than 0.90. (C) Tier 3 consists of all Organizational Units, except for Speciall y Funded Units, with a Percent of Adequacy of at least 0.90 and less than 1.0. (D) Tier 4 consists of all Organizational Units with a Percent of Adequacy of at least 1.0. (4) The Allocation Rates fo r Tiers 1 through 4 are determined as follows: (A) The Tier 1 Allocation Rate is 30% . (B) T he Tier 2 Allocation Rate is the result of the following equa tion: Tier 2 Aggregate Funding, divided by the sum of the Funding Gaps for all Tier 2 Organizational Units, unless the result of such equation is higher than 1.0. If the result of such equation is higher than 1.0, th en the Tier 2 Allocation Rate is 1.0. (C) The Tier 3 Allocation Rate is the result of the following equation: Tier 3 Aggrega te Funding, divided by the sum of the Adequacy Ta rgets of all Tier 3 Organizational Units. (D) Th e Tier 4 Allocation Rate is the result of the following equat ion: Tier 4 Aggregate Funding, divided by the sum of the Adequacy Targets of all Tier 4 Organizational Units. (5) A tier's Target Ratio is determined a s follows: (A) The Tier 1 Target Ratio is the ratio level that allows for Tier 1 Aggregat e Funding to be distributed with the Tier 1 Allocatio n Rate. (B) The Tier 2 Target Ratio is 0.90. (C) The Tier 3 Ta rget Ratio is 1.0.

(6) If, at any point, the Tier 1 Target Ratio is greater than 90%, then all Tier 1 funding sha ll be allocated to Tier 2 and no Tier 1 Organizatio nal Unit's funding may be identified. (7) In the event that all Tier 2 Organizational Units receive funding at the Tier 2 Target Ratio level, any remaining New State Funds shall be a llocated to Tier 3 and Tier 4 Organizational Unit s. (8) If any S pecially Funded Units, excluding Glenwood Academy, recognized by the State Board do not qualify for direct funding fol lowing the implementation of Public Act 100-465 from any of the funding sources included within the definition of Base Funding Minimum, the unqualified portion of the Base Funding Min imum shall be transferred to one or more appropriate Organizatio nal Units as determined by the State Superintendent ba sed on the prior year ASE of the Organizational Units. (8.5) If a school district withdraws from a specia l education cooperative, the portion of the Base Funding Minimum that is attr ibutable to the school district may be redistributed to the school district upon withdrawal. The school di strict and the cooperative must include the amount of th e Base Funding Minimum that is to be reapportioned in th eir withdrawal agreement and notify the State Board of the c hange with a copy of the agreement upon withdrawal. (9) The Minimum Funding L evel is intended to establish a target for State funding th at will keep pace with inflation and continue to advance equ ity through the Evidence-Based Funding formula. The target for State funding of New Property Tax Relief Pool F unds is $50,000,000 for State fiscal year 2019 and subsequent State fiscal years. The Minimum Funding Level is equal t o $350,000,000. In addition to any New State Funds, no mo re than $50,000,000 New Property Tax Relief Pool Fu nds may be counted toward the Minimum Funding Level. If th e sum of New State Funds and applicable New Property Tax Relief Poo l Funds are less than the Minimum Funding Level, than fund ing for tiers shall be reduced in the following manner:

(A) First, Tier 4 funding shall be reduced by an amount equal to the differ ence between the Minimum Funding Level and New State Funds until such time as Tier 4 funding is exhaus ted. (B) Next, Tie r 3 funding shall be reduced by an amount equal to the diffe rence between the Minimum Funding Level an d New State Funds and the reduction in Tier 4 funding until s uch time as Tier 3 funding is exhausted. (C) Next, Tier 2 fundin g shall be reduced by an amount equal to the difference bet ween the Minimum Funding Level and New State Fund s and the reduction in Tier 4 and Tier 3. (D) Finally, Tier 1 funding s hall be reduced by an amount equal to the difference betwe en the Minimum Funding level and New State Funds and the re duction in Tier 2, 3, and 4 funding. In addition, the Al location Rate for Tier 1 shall be reduced to a percenta ge equal to the Tier 1 Allocation Rate set by paragraph ( 4) of this subsection (g), multiplied by the result of New State Funds divided by the Min imum Funding Level. (9.5) For State fiscal year 2019 and subsequent State fis cal years, if New State Funds exceed $300,000,000, th en any amount in excess of $300,000,000 shall be dedicated for purposes of Section 2-3.170 of this Code up to a maximum of $50,000,000. (10) In the event of a decrease in the amount of the appropriation for this Section in any fiscal year after implementation of this Sectio n, the Organizational Units receiving Tier 1 and Tier 2 fund ing, as determined under paragraph (3) of this subs ection (g), shall be held harmless by establishing a Ba se Funding Guarantee equal to the per pupil kind ergarten through grade 12 funding received in accordance with t his Section in the prior fiscal year. Reductions sh all be made to the Base Funding Minimum of Organization al Units in Tier 3 and Tier 4 on a per pupil basis equ ivalent to the total number of the ASE in Tier 3- funded and Tier 4-funded Organizational Units di vided by the total reduction in State funding. The Ba se Funding Minimum as reduced shall continue to be applied to Tier 3 and Tier 4 Organizational Units and adjusted by the relative formula w hen increases in appropriations for this Section resume. In no event may State funding reductions to Organizational Units in Tier 3 or Tier 4 exceed an amount that would be l ess than the Base Funding Minimum established in the f irst year of implementation of this Section. If additional reductions are required, all school districts shall rece ive a reduction by a per pupil amount equal to the aggreg ate additional appropriation reduction divided by the tot al ASE of all Organizational Units. (11) The State Superintendent shall mak e minor adjustments to the distribution formula set forth in this subsection (g) to account for the roundi ng of percentages to the nearest tenth of a percentage and dollar amounts to the nearest whole dollar.

(h) State Superintendent administration of funding a nd district submission requirements. (1) The State Superintendent shall, in accordance wit h appropriations made by the General Assembly, meet the fun ding obligations created under this Section. (2) The State Superintendent shall cal culate the Adequacy Target for each Organizational Unit u nder this Section. No Evidence-Based Funding sha ll be distributed within an Organizational Unit without the approval of the unit's school board. (3) Annually, the State Superintendent shall calculate and report to each Organizational Unit the unit's aggregate financial adequacy amount, which shall b e the sum of the Adequacy Target for each Organizational Unit. The State Superintend ent shall calculate and report separately for each Or ganizational Unit the unit's total State funds allocated f or its students with disabilities. The State Superintenden t shall calculate and report separately for each Organizati onal Unit the amount of funding and applicabl e FTE calculated for each Essential Element of the unit 's Adequacy Target. (4) Annua lly, the State Superintendent shall calculate and report to e ach Organizational Unit the amount the unit must expen d on special education and bilingual education and computer technology and eq uipment for Organizational Units assigned to Tier 1 or Tier 2 that received an additional $285.50 per student c omputer technology and equipment investment grant to their Ade quacy Target pursuant to the unit's Base Funding Minimum, Special Education Allocation, Bilingual Education Allocation, and computer technology and equipment investment allocation. (5) Moneys distributed under this Section shall be calculat ed on a school year basis, but paid on a fiscal year basi s, with payments beginning in August and extending t hrough June. Unless otherwise provided, the moneys approp riated for each fiscal year shall be distributed in 22 equ al payments at least 2 times monthly to each Organiz ational Unit. If moneys appropriated for any fiscal ye ar are distributed other than monthly, the distribution s hall be on the same basis for each Organizational Unit. (6) Any school district that fails, fo r any given school year, to maintain school as required by law or to maintain a recognized school is not eligible to receive Evidence-Based Funding. In case of non-recognition of one or more attendance centers in a school district otherwise operating recognized school s, the claim of the district shall be reduced in the proportion that the enrollment in the attendance cen ter or centers bears to the enrollment of the school distr ict. "Recognized school" means any public school that meets the standards for recognit ion by the State Board. A school district or attendance c enter not having recognition status at the end of a scho ol term is entitled to receive State aid payments due upon a legal claim that was filed while it was reco gnized. (7) Sch ool district claims filed under this Section are subject t o Sections 18-9 and 18-12 of this Code, exce pt as otherwise provided in this Section. (8) Each fiscal year, the St ate Superintendent shall calculate for each Organi zational Unit an amount of its Base Funding Minimum and Evidence-Based Funding that shall be deemed attribu table to the provision of special educational facilities and services, as defined in Section 14-1.08 of this Code, in a manner that ensures compliance with maintenance of State f inancial support requirements under the federal Individu als with Disabilities Education Act. An Organizational Uni t must use such funds only for the provision of special e ducational facilities and services, as defined in Sect ion 14-1.08 of this Code, and must comply with any e xpenditure verification procedures adopted by the State Board. (9) All Organiza tional Units in this State must submit annual spending plan s, as part of the budget submission process, no later than October 31 of ea ch year to the State Board. The spending plan shall descri be how each Organizational Unit will utilize the Base Funding Min imum and Evidence-Based Funding it receives from this State under thi s Section with specific identification of the intended util ization of Low-Income, English learner, and specia l education resources. Additionally, the annual spending plans of each Organizational Unit shall describe how the Or ganizational Unit expects to achieve student growth and how the Organizational Unit will achieve State education goals, as defined by the State Board, and shall indicate which stak eholder groups the Organizational Unit engaged with to inf orm its annual spending plans. The State Superintendent m ay, from time to time, identify additional requisite s for Organizational Units to satisfy when compiling the annual spending plans required under this subsection (h). The fo rmat and scope of annual spending plans shall be develope d by the State Superintendent and the State Board of Educatio n. School districts that serve students under Article 14 C of this Code shall continue to submit information as requi red under Section 14C-12 of this Code. Annu al spending plans required under this subsection (h) shall be integrated into annual school district budgets completed pursuant to Section 17-1 or Section 34-43. Organizational Units that do not submit a budget to the State B oard shall be provided with a separate planning templa te developed by the State Board. The State Board shall cre ate an Evidence-Based Funding spending plan tool to make Evidence-Based Funding spending plan data fo r each Organizational Unit available on the State Board's website no later than December 31, 2025, with annual updat es thereafter. The tool shall allow for the selection and review of each Organizational Unit's planned use o f Evidence-Based Funding. (10) No later than January 1, 2018, the State S uperintendent shall develop a 5-year strategic plan for all Organizational Units to help in p lanning for adequacy funding under this Section. The Sta te Superintendent shall submit the plan to the Governor and the General Assembly, as provided in Section 3.1 o f the General Assembly Organization Act. The plan shall include recommendations for: (A) a framework for collaborative, professional, innovative, and 21st century learning environments using the Evidence -Based Funding model; (B) ways to prepare and support this State's edu cators for successful instructional careers; (C) application and enhancement of the current financial accountability measures, the approved S tate plan to comply with the federal Every Student Succe eds Act, and the Illinois Balanced Accountability Measures in relation to student growth and elements of the Evidence-Based Funding model; and (D ) implementation of an effective school adequacy fun ding system based on projected and recommended funding levels f rom the General Assembly. (11) On an annual basis, the State Superintendent must recalibrate all of the following per pupil elements of the Adequacy Target and applied to the formulas, based on the study of average expenses and as reported in the most recent annual financial report : (A) Gifted under s ubparagraph (M) of paragraph (2) of subsection (b).

(B) Instructional materials under subparagraph (O) of paragraph (2) of subsection (b). (C) Assessment under subparagraph (P) o f paragraph (2) of subsection (b). (D) Student activities under subparag raph (R) of paragraph (2) of subsection (b). (E) Maintenance and oper ations under subparagraph (S) of paragraph (2) of subsection (b). (F) Central office under subparagraph (T) of paragraph (2) of subsection (b ). (i) Professional Review Pane l. (1) A Professional Review Panel i s created to study and review topics related to the implement ation and effect of Evidence-Based Funding, as assign ed by a joint resolution or Public Act of the General Asse mbly or a motion passed by the State Board of Educatio n. The Panel must provide recommendations to and serve the Go vernor, the General Assembly, and the State Board. The State Su perintendent or his or her designee must serve a s a voting member and chairperson of the Panel. The State Super intendent must appoint a vice chairperson from the membership of the Panel. The Panel must advance recommendations based on a th ree-fifths majority vote of Panel members pres ent and voting. A minority opinion may also accompany any rec ommendation of the Panel. The Panel shall be appointed by the State Superintendent, except as otherwise provided in paragrap h (2) of this subsection (i) and include the following members: (A) Two appointees t hat represent district superintendents, recommended by a statewide organization that represents district superint endents. (B) Two appointees that represent school boards, recommended by a s tatewide organization that represents school boards. (C) Two appointe es from districts that represent school business official s, recommended by a statewide organization that represen ts school business officials.

(D) Two appointees that represent sc hool principals, recommended by a statewide organizati on that represents school principals. (E) Two appointees that r epresent teachers, recommended by a statewide organization that represents teachers.

(F) Two appointees that represent teachers, recommen ded by another statewide organization that represents teac hers. (G) Two appo intees that represent regional superintendents of schools, recomm ended by organizations that represent regional superint endents.

(H) Two independent experts selected solely by the State Superintendent. (I) Two independent exper ts recommended by public universities in this State. (J) On e member recommended by a statewide organization that represe nts parents.

(K) Two representatives recommended by collec tive impact organizations that represent major metropolitan areas or geographic areas in Illi nois. (L) O ne member from a statewide organization focused on research-based education policy to support a school system that prepares all students for college, a career, and democratic citizenship. (M) One representative from a schoo l district organized under Article 34 of this Code.

The State Sup erintendent shall ensure that the membership of the Pan el includes representatives from school dis tricts and communities reflecting the geographic, socio-economic, racial, and ethnic diversity of this State. The State Superintendent shall additionally ensure that the membership of the Pane l includes representatives with expertise in bilingual educati on and special education. Staff from the State Board shal l staff the Panel. (2) In addition to those Panel members appointed by the State Supe rintendent, 4 members of the General Assembly shall be appoint ed as follows: one member of the House of Representativ es appointed by the Speaker of the House of Representatives, one mem ber of the Senate appointed by the President of the Senat e, one member of the House of Representatives appointed by t he Minority Leader of the House of Representati ves, and one member of the Senate appointed by the Minority Leader of the Sen ate. There shall be one additional member appointed by the Governor. All members appointed by legislative leaders or the Governor shall be non-voting, ex officio members. (3) The Panel must study topics at the direction of the General Assembly or State Board of Education, as provided under paragraph (1). The Panel may also study the following topics at the direct ion of the chairperson: (A) The format and scope of annual spendi ng plans referenced in paragraph (9) of subsection (h) of this Section. (B) The Comparable Wage Index under this Sec tion. (C) Maintenance and operations, including capital maintenance and construction costs. (D) "At-risk student" definition. (E) Benefits. (F) Technology. (G) Local Capacity Target. (H) Fundin g for Alternative Schools, Laboratory Schools, safe sc hools, and alternative learning opportunities programs. (I) Funding for college and career acceleration st rategies. (J) Spe cial education investments. (K) Early childhood investments, in collab oration with the Illinois Early Learning Council. (4) (Blank). (5) Within 5 years after the implementation of this Section, and e very 5 years thereafter, the Panel sha ll complete an evaluative study of the entire Evidence-Based Funding model, including an assessment of whether or not the formula is achieving Stat e goals. The Panel shall report to the State Board, the General A ssembly, and the Governor on the findings of the study. (6) (Blank). (7) To ensure that (i) the Adequacy Target calculatio n under subsection (b) accurately reflects the needs of students liv ing in poverty or attending schools located in areas of high poverty, (ii) racial equity within the Evidence -Based Funding formula is explicitly explored a nd advanced, and (iii) the funding goals of the formula dist ribution system established under this Se ction are sufficient to provide adequate funding for every student and to ful ly fund every school in this State, the Panel shall review the Essential Elements under paragraph (2) of subsection (b). The Panel sh all consider all of the following in its review: (A) The financial ability of school districts to provide instruction in a foreign language to every student and whether an additional Es sential Element should be added to the formula to ensure that every student has access to instruction in a fore ign language. (B ) The adult-to-student ratio for each Essential Element in which a ratio is identified. The Panel shall c onsider whether the ratio accurately reflects the staffing ne eded to support students living in poverty or who have traumatic backgrounds.

(C) Changes to the Essential Elements that may be required to better promote racial equity and eliminate struct ural racism within schools. (D) The impact of investing $350,000,00 0 in additional funds each year under this Section and an estimate of when the school system will become fully fu nded under this level of appropriation. (E) Provide an overview of alt ernative funding structures that would enable the Stat e to become fully funded at an earlier date. (F) The potential to incre ase efficiency and to find cost savings within the s chool system to expedite the journey to a fully fund ed system. (G) The appropriate levels for ree nrolling and graduating high-risk high school students who have been previously out of school. These outcomes shall in clude enrollment, attendance, skill gains, credit gai ns, graduation or promotion to the next grade leve l, and the transition to college, training, or employment, with an empha sis on progressively increasing the overall attendance.

(H) The evidence-based or research-based practices that are shown to re duce the gaps and disparities experienced by African Ame rican students in academic achievement and educationa l performance, including practices that have been sho wn to reduce disparities in disciplinary rates, drop-out rates, g raduation rates, college matriculation rates, and college c ompletion rates. On or before December 31, 2021, the Panel shall report to the State Board, the General Assembly, and the Governor on t he findings of its review. This paragraph (7) is inoper ative on and after July 1, 2022. (8) On or before April 1, 2024, the Panel must submit a re port to the General Assembly on annual adjustments to Gle nwood Academy's base-funding minimum in a simi lar fashion to school districts under this Section.

(j) References. Beginning July 1, 2017, references in other laws to general State aid funds or calculations under Section 18-8.05 of this Code (now repealed) shall be deemed to be refer ences to evidence-based model formula funds or calculations under thi s Section. (Source: P.A. 102- 33, eff. 6-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21; 102-699, eff. 4-19-22; 102-782, eff. 1-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-8, eff. 6-7- 23; 103-154, eff. 6-30-23; 103-175, e ff. 6-30-23; 103-605, eff. 7-1-24; 103-780, eff. 8-2-24; 103-802, eff. 1-1-25; revised 11-26-24.) (105 ILCS 5

/19-1) Sec. 19-1. Debt limitations of school districts. (a) School districts shall not be subject to the provisions limiting their indebtedness prescribed in th e Local Government Debt Limitation Act. No school d istricts maintaining grades K through 8 or 9 through 12 shall become indebted in any manner or for any purpos e to an amount, including existing indebtedness, in the aggregate exceeding 6.9% on the value o f the taxable property therein to be ascertained by the last assessment for State and county taxes or, until January 1, 1983, if greater, the sum that is produced by multiplying the school district's 1978 equalized as sessed valuation by the debt limitation percentage in effect on January 1, 1979, previous to the incurring of such indebtedness. No school districts maintaining grades K through 12 shall be come indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggre gate exceeding 13.8% on the value of the taxable property therein to be ascertained by the last assessment for State and county taxes or, until January 1, 1983, if greater, the sum that is produced by mu ltiplying the school district's 1978 equalized as sessed valuation by the debt limitation percentage in effect on January 1, 1979, previous to the incurring of suc h indebtedness. No partial elementary unit district, as defined in Article 11E of this Code, sha ll become indebted in any manner or for any purpose in an amou nt, including existing indebtedness, in the aggregate exceedin g 6.9% of the value of the taxable property of the entire distr ict, to be ascertained by the last assessment for State and county taxes, plus an amount, including existing indebtedne ss, in the aggregate exceeding 6.9% of the value of the taxable property of that portion of the district included in the elemen tary and high school classificat ion, to be ascertained by the last assessment for State an d county taxes. Moreover, no partial elementary unit district, as defined in Article 11E of this Code, shall become indebte d on account of bonds issued by the district for high sch ool purposes in the aggregate exceeding 6.9% of the value of t he taxable property of the entire district, to be ascertained by the last assessment for State and county taxes, nor shall th e district become indebted on account of bonds issued by the district for elementary purposes in the aggrega te exceeding 6.9% of the value o f the taxable property for that portion of the district inc luded in the elementary and high school classification, to be ascertained by the last assessment for State and county taxes . Notwithstanding the provisions of an y other law to the contrary, in any case in which the voters of a school district have approved a proposition for the issuance of bonds of such school district at an election hel d prior to January 1, 1979, and all of the bonds approved at such election have not been issued, the debt limitation applicable to such school district during the calendar year 1 979 shall be computed by multiplying the value of taxable pro perty therein, including personal property, as ascertained by t he last assessment for State and county taxes, previous to th e incurring of such indebtedness, by the percentage limitatio n applicable to such school district under the provisi ons of this subsection (a). (a-5) After January 1, 2018, no school district may issue bonds under Sections 19-2 through 19-7 of this Code an d rely on an exception to the debt limitations in this Section unless it has complied with the requirements of Section 21 of the Bond Issue Notification Act and the bonds have been app roved by referendum. (b) Notwithstandin g the debt limitation prescribed in subsection (a) of t his Section, additional indebtedness may be incurred in an amou nt not to exceed the estimated cost of acquiring or improving school sites or constructing and equipping additional building facilities under the following conditions: (1) Whenever the enrollment of students for t he next school year is estimated by the board of education to i ncrease over the actual present enrollment by not less tha n 35% or by not less than 200 students or the actual present e nrollment of students has increased over the previous school y ear by not less than 35% or by not less than 200 studen ts and the board of education determines that additional school sites or building facilities are required as a result of such increase i n enrollment; and (2) When the Regional S uperintendent of Schools having jurisdiction over the school di strict and the State Superintendent of Education concur in su ch enrollment projection or increase and approve the need f or such additional school sites or building facilities and the estimated cost thereof ; and (3) When the voters in the school district approve a proposition for the issuanc e of bonds for the purpose of acquiring or improving suc h needed school sites or constructing and equipping such need ed additional building facilities at an e lection called and held for that purpose. Notice of such an election shall state that the amount of indebtedness proposed to be incurred would exceed the debt limitation otherwise applicable to the school district. The ballot for such proposition shall state what percentage of t he equalized assessed valuation will be outstanding in bo nds if the proposed issuance of bonds is approved by the voters; or (4) Notwi thstanding the provisions of paragraphs (1) through (3) of this subsection (b), if the school board determines that additional facilities are neede d to provide a quality educational program and not l ess than 2/3 of those voting in an election called by the school board on the question approve the issuance of bonds for the construction of such facilities, the school district may issue bonds for this purpose; or (5) Notwithstanding the prov isions of paragraphs (1) through (3) of this subsection ( b), if (i) the school district has previously avail ed itself of the provisions of paragraph (4) of this subsec tion (b) to enable it to issue bonds, (ii) the vote rs of the school district have not defeated a proposition for the issuance of bonds since the referendum descr ibed in paragraph (4) of this subsection (b) was held, (iii) the school board determines that additional facil ities are needed to provide a quality educational program, and (iv) a majority of those voting in an election calle d by the school board on the question approve the issuance of bon ds for the construction of such facilities, the school dist rict may issue bonds for this purpose. In no event shall the indebtedness incurred pursuan t to this subsection (b) and the existing indebtedness o f the school district exceed 15% of the value of the tax able property therein to be ascertained by the last asse ssment for State and county taxes, previous to the incurr ing of such indebtedness or, until January 1, 1983, if greater, th e sum that is produced by multiplying the school district's 1978 equalized assessed valuation by the debt limitat ion percentage in effect on January 1, 1979.

The indebtedness provided for by this subsection ( b) shall be in addition to and in excess of any other deb t limitation. (c) Notwithstanding the deb t limitation prescribed in subsection (a) of this Section, in any case in which a public question for the iss uance of bonds of a proposed school district maintaining gr ades kindergarten through 12 received at least 60% of the valid ballots cast on the question at an election held on or prior to November 8, 1994, and in which the bonds appro ved at such election have not been issued, the school dis trict pursuant to the requi rements of Section 11A-10 (now repealed) may issue the total amount of bonds approved at such election for the purpose stated in the question. ( d) Notwithstanding the debt limitation prescribed in subsectio n (a) of this Section, a school district that meets all th e criteria set forth in paragraphs (1) and (2) of this subse ction (d) may incur an additional indebtedness in an amount not to exceed $4,500,000, even though the amount of the additi onal indebtedness authorized by this subsection (d), when incurred and added to the aggregate amount of ind ebtedness of the district existing immediately prior to the district incurring t he additional indebtedness authorized by this subsecti on (d), causes the aggregate indebtedness of the district to e xceed the debt limitation otherwise applicable to that d istrict under subsection (a): (1) The additional indebtedness authorized by this subsec tion (d) is incurred by the school district through the issuance of bonds under and in accordance with Section 17-2. 11a for the purpose of replacing a school building which, because of mine subsidence damage, has been closed as provided in paragrap h (2) of this subsection (d) or through the issuance of bonds under and in accordance with Section 19-3 for the purpose of increasing the size of, or providing for additional functi ons in, such replacement school buildings, or both such purpo ses. (2) The bonds issu ed by the school district as provided in paragraph (1) above ar e issued for the purposes of construction by the school dis trict of a new school building pursuant to Section 17-2.11, to replace an existing school building that, bec ause of mine subsidence damage, is closed as of the end of th e 1992-93 school year pursuant to action of the regional superintendent of schools of the educational service region in which the district is located under Section 3-14.22 or are issued for the purpose of increasing the size of, or pro viding for additional functions in, the new school buildin g being constructed to replace a school building closed as the result of mine subsidence damage, or both such purposes. (e) (Blank). (f) Notwit hstanding the provisions of subsection (a) of this Sect ion or of any other law, bonds in not to exceed the aggrega te amount of $5,500,000 and issued by a school district meeting t he following criteria shall not be considered indebtedne ss for purposes of any statutory limitation and may be issued in an am ount or amounts, including existing indebtedness, in excess of any heretofore or hereafter imposed statu tory limitation as to indebtedness: (1) At the time of the sale of such bonds, the boar d of education of the district shall have determined by re solution that the enrollment of students in the district is proje cted to increase by not less than 7% during each of t he next succeeding 2 school years. (2) The board of education shall also determine by resolution that the improvements to be financed with the proceeds of the bonds are needed because of the projec ted enrollment increases.

(3) The board of education shall also determine by resolution that th e projected increases in enroll ment are the result of improvements made or expected to be made to passenger rail facilities located in the school di strict. Notwithstanding the provisions of sub section (a) of this Section or of any other law, a scho ol district that has availed itself of the provisions of this subsection (f) prior to July 22, 2004 (the effective d ate of Public Act 93-799) may also issue bonds approved b y referendum up to an amount, including existing indebtedness, not exc eeding 25% of the equalized assessed value of the taxable prop erty in the district if all of the conditions set f orth in items (1), (2), and (3) of this subsection (f) are met. (g) Notwithstanding the provisions o f subsection (a) of this Section or any other law, bonds in not t o exceed an aggregate amount of 25% of the equalized asse ssed value of the taxable property of a school district a nd issued by a school district meeting the criteria in par agraphs (i) through (iv) of this subsection shall n ot be considered indebtedness for purposes of any statuto ry limitation and may be issued pursuant to resolution of the school board in an amount or amounts, including existi ng indebtedness, in excess of any statutory limitation of indebtedness heret ofore or hereafter imposed:

(i) The bonds are issued for the purpose of constructing a new high school building to replace two adjacent existing bui ldings which together house a single high school, each of which is more than 65 years old, and which together are located on mor e than 10 acres and less than 11 acres of property.

(ii) At the time the resolution a uthorizing the issuance of the bonds is adopted, the cost of co nstructing a new school building to replace the existing school building is less than 60% of the co st of repairing the existing school building. (iii) The sale of the bonds occurs befo re July 1, 1997. (iv) The school district issuing the bonds is a unit school district l ocated in a county of less than 70,000 and more than 50,000 inhabitants, which has an average daily attendance of l ess than 1,500 and an equalized assessed valuation of less than $29,000,000. (h) Notwithstanding any other provisions of this Section or the provisions of any ot her law, until January 1, 1998, a comm unity unit school district maintaining grades K th rough 12 may issue bonds up to an amount, including exi sting indebtedness, not exceeding 27.6% of the equalized a ssessed value of the taxable property in the district, if all of the following conditions are met: (i) The school district has an equaliz ed assessed valuation for calendar year 1995 of less t han $24,000,000; (ii) Th e bonds are issued for the capital improvement, renov ation, rehabilitation, or replacement of existing schoo l buildings of the district, all of which buildings wer e originally constructed not less than 40 years ago; (ii i) The voters of the district approve a proposition for the issuance of the bonds at a referendum held after March 19, 1996; and (iv) T he bonds are issued pursuant to Sections 19-2 t hrough 19-7 of this Code. (i) Notwithst anding any other provisions of this Section or the provis ions of any other law, until January 1, 1998, a community uni t school district maintaining grades K through 12 may issue bon ds up to an amount, including existing indebtedness, not exceeding 27% of the equalized assessed value of the ta xable property in the district, if all of the following condi tions are met: (i) The s chool district has an equalized assessed valuation for c alendar year 1995 of less than $44,600,000; (ii) The bonds are issued for the capital improvement, renovation, reh abilitation, or replacement of existing school building s of the district, all of which existing buildings were o riginally constructed not less than 80 years ago;

(iii) The voters of the district approve a proposition for th e issuance of the bonds at a referendum held after Decemb er 31, 1996; and (iv) The bonds are issued pursuant to Sections 19-2 thr ough 19-7 of this Code. (j) Notwithstanding any other provisions of this Section or the provisions of any other law, until January 1, 1999, a com munity unit school district maintaining grades K through 12 may issue bonds up to an amount, including existing ind ebtedness, not exceeding 27% of the equalized assessed val ue of the taxable property in the district if all of the foll owing conditions are met: (i) The school district has an equalized assessed valu ation for calendar year 1995 of less than $140,000,000 and a best 3 months average daily attendance for the 1995-96 school year of at least 2,8 00; (ii) The bonds a re issued to purchase a site and build and equip a new h igh school, and the school district's existing high sch ool was originally constructed not less than 35 years prior to the sale of the bonds; (iii) At the time of the sale of the bonds, the board of education determines by resoluti on that a new high school is needed because of projected enrollm ent increases; ( iv) At least 60% of those voting in an election held afte r December 31, 1996 approve a proposition for the issuance of the bonds; and (v) The bond s are issued pursuant to Sections 19-2 through 19-7 of this Code. (k) Notwithsta nding the debt limitation prescribed in subsection (a) of th is Section, a school district that meets all the criteria s et forth in paragraphs (1) through (4) of this subsectio n (k) may issue bonds to incur an additional indebtedness i n an amount not to exceed $4,000,000 even though the amount of the additional indebtedness authorized by this subsection (k), w hen incurred and added to the aggregate amount of indebtednes s of the school district existing immediately prior to the school district incurring such additional indebtednes s, causes the aggregate indebtedness of the school district to exceed or in creases the amount by which the aggregate indebtedness of th e district already exceeds the debt limitation otherwi se applicable to that school district under subse ction (a):

(1) the school district is located in 2 counties, and a referendum to authorize the additional indebtedness was approved by a majority of the voters of the school d istrict voting on the proposition to authorize that indebtednes s; (2) the addit ional indebtedness is for the purpose of financing a m ulti-purpose room addition to the existing high school;

(3) the additional indeb tedness, together with the existing indebtedness of the sch ool district, shall not exceed 17.4% of the value of the taxabl e property in the school district, to be ascertained by the l ast assessment for State and county taxes; and (4) the bonds evidencing the a dditional indebtedness are issued, if at all, within 120 days of August 14, 1998 (the effective date of Public Act 90-757). (l) Notwithstanding any other pro visions of this Section or the provisions of any other law, unt il January 1, 2000, a school district maintaining grades kind ergarten through 8 may issue bonds up to an amount, including existing indebtedness, not exceeding 15% of the e qualized assessed value of the taxable property in the dis trict if all of the following conditions are met: (i) the district ha s an equalized assessed valuation for calen dar year 1996 of less than $10,000,000; (ii) the bonds are issued for capital improveme nt, renovation, rehabilitation, or replace ment of one or more school buildings of the district, whi ch buildings were originally constructed not less than 7 0 years ago; (iii) the voters of the district approve a proposition for the issu ance of the bonds at a referendum held on or after March 17, 1998; and (iv) the bonds are issued pursuant to Sections 19-2 through 19-7 of this Code. (m) Notwithstanding any other provisions of this Section or the provisions of any other law, until January 1, 1999, an elementary school district ma intaining grades K through 8 may issue bonds up to an amount, excluding existing indebtedness, not exceeding 18% of the equa lized assessed value of the taxable property in the distr ict, if all of the following conditions are met: (i) The school distric t has an equalized assessed valuation for calendar year 199 5 or less than $7,700,000; (ii) The school district operates 2 elementary attendance centers that un til 1976 were operated as the attendance centers of 2 sepa rate and distinct school districts; (iii) The bonds are issued for the construction of a new element ary school building to replace an existing multi-level elementary school building of the school district that is not accessible at all levels and parts of which were c onstructed more than 75 years ago;

(iv) The voters of the school district approv e a proposition for the issuance of the bonds at a refere ndum held after July 1, 1998; and (v) The bonds are issued pursuant to Sections 19- 2 through 19-7 of this Code. (n) Notwi thstanding the debt limitation prescribed in subsection ( a) of this Section or any other provisions of this Section or of any other law, a school district that meet s all of the criteria set forth in paragraphs (i) throug h (vi) of this subsection (n) may incur additional indebtedness by the issuance of bond s in an amount not exceeding the amount certified by the Capital Development Board to the school district as provided in paragraph (iii) of this subsection (n), e ven though the amount of the additional indebtedness so authorized, when incurred and added to the aggregate amount of indebtedness of the district exist ing immediately prior to the district incurring the additio nal indebtedness authorized by this subsection (n), causes the aggregate indebtedness of the district to exceed the debt limitation oth erwise applicable by law to that district: (i) The school district applies to the State Board of Education for a school construction pro ject grant and submits a district facilities plan in support of its application pursuant to Section 5-20 of the School Construction Law. (ii) The school district's application and facilities plan are approved by, and the district receives a grant entit lement for a school construction project issued by, the Stat e Board of Education under the School Construction Law. (iii) The school district has exhausted its bonding capacity or the unused bonding capacity of the district is less than the amount certified by the Capital Development Board to the district under Section 5-15 of the School Construction Law as the dollar amount of the school construction project's cost that the district wi ll be required to finance with non-grant funds in order to receive a school construction project grant under the Scho ol Construction Law. (iv) Th e bonds are issued for a "school construction proje ct", as that term is defined in Section 5-5 of the Sch ool Construction Law, in an amount that does not excee d the dollar amount certified, as provided in paragra ph (iii) of this subsection (n), by the Capital Developme nt Board to the school district under Section 5 -15 of the School Construction Law. (v) The voters of the district approve a proposition for the issuance of the bonds at a referend um held after the criteria specified in paragraphs (i) and (iii) of this subsection (n) are m et. (vi) The bonds are issued pursuant to Sections 19-2 through 19-7 o f the School Code. (o) Notwithstanding a ny other provisions of this Section or the provisions of any other law, until November 1, 2007, a community unit school district maintaining grades K through 12 may is sue bonds up to an amount, including existing indebtedness, not exceeding 20% of the equalized assessed value of the taxable property in the district if all of the fol lowing conditions are met: (i) the school district has an equalized assessed valuation for calendar year 2001 of at least $737,000,000 and an enr ollment for the 2002-2003 school year of at leas t 8,500; (ii) the bond s are issued to purchase school sites, build and equip a new high school, build and equip a new junior high school, build and equip 5 new elementary schools, and make technol ogy and other improvements and additions to existing scho ols; (iii) at the time o f the sale of the bonds, the board of education deter mines by resolution that the sites and new or improved facilitie s are needed because of projected enrollment increases; (iv) at least 57% of th ose voting in a general election held prior to January 1, 2003 approved a proposition for the issuance of the bonds; and (v) the bonds are iss ued pursuant to Sections 19-2 through 19-7 of this Code. (p) Notwithstanding any other p rovisions of this Section or the provisions of any other la w, a community unit school district maintaining grades K through 12 may issue bonds up to an amount, including ind ebtedness, not exceeding 27% of the equalized assessed value of the taxable property in the district i f all of the following conditions are met: (i) The school district has an equali zed assessed valuation for calendar year 2001 of at l east $295,741,187 and a best 3 months' average daily att endance for the 2002-2003 school year of at least 2,39 4. (ii) The bonds are iss ued to build and equip 3 elementary school buildings; bui ld and equip one middle school building; and alter, repair, improve, and equip all existing school buildings i n the district. (i ii) At the time of the sale of the bonds, the boar d of education determines by resolution that the project is needed because o f expanding growth in the school district and a projected enrol lment increase.

(iv) The bonds are issued pursuant to Sections 19-2 through 19-7 of this Code. (p-5) Notwithstanding any other provisions of this Section or th e provisions of any other law, bonds issued by a community u nit school district maintaining grades K through 12 shal l not be considered indebtedness for purposes of any statutory limitation and may be issued in an amount or amounts, including existing in debtedness, in excess of any heretofore or hereafter impos ed statutory limitation as to indebtedness, if all of the following conditions are met: (i) For each of the 4 most recent years, residential propert y comprises more than 80% of the equalized assessed valu ation of the district. ( ii) At least 2 school buildings that were constructed 40 or more years p rior to the issuance of the bonds will be demolished and wil l be replaced by new buildings or additions to one or more existing buildings. (i ii) Voters of the district approve a proposition for the issuance of the bonds at a regularly scheduled election. (iv) At the time of the sale of t he bonds, the school board determines by resolution that the new buildings or building additions are needed because of an increas e in enrollment projected by the school board. (v) The principal amount of the bonds, including existing indebtedness, does not exceed 25% of the equalized assessed value of the taxable property in th e district. (vi) The bonds are issued prior to January 1, 2007, pursuant to Sections 19-2 thro ugh 19-7 of this Code. (p-10 ) Notwithstanding any other provisions of this Section or t he provisions of any other law, bonds issued by a commun ity consolidated school district maintaining grades K through 8 shall not be considered indebtedness for purposes of any statutory limitation and may be issued in an amount or amounts, including existing indebtedness, in excess of any heretofore o r hereafter imposed statutory limitation as to indebtedness, if all of the following conditions are met: (i) For eac h of the 4 most recent years, residential and farm property comprises more than 80% of the equalized assessed valuati on of the district. ( ii) The bond proceeds are to be used to acquire and improve school site s and build and equip a school building. (iii) Voters of the district approve a proposition for the issuance of the bonds at a regularly scheduled election. (iv) At the time of the sale of the bonds, the school board determines by resolution that the school sites and buil ding additions are needed because of an increase in enroll ment projected by the school board. (v) The principal amount of the bonds, including ex isting indebtedness, does not exceed 20% of the equalized asses sed value of the taxable property in the district. (vi) The bonds are issued prior to January 1, 2007, pursuant to Sections 19-2 through 19-7 of this Code. (p-15) In addition to all other auth ority to issue bonds, the Oswego Community Unit School Dist rict Number 308 may issue bonds with an aggregate principal amount not to exceed $450,000,000, but only if all of the follow ing conditions are met:

(i) The voters of the district have approved a pro position for the bond issue at the gene ral election held on November 7, 2006. (ii) At the time of the sale of the bo nds, the school board determines, by re solution, that: (A) the building and equipping of the new hi gh school building, new junior high school buildings, new elementary school buildings, early childhood building, maintenance building, transportation facility, and additions to existin g school buildings, the altering, repairing, equipping, and provision of technology improvements to exist ing school buildings, and the acquisition and improvemen t of school sites, as the case may be, are required as a result of a projected increase in the en rollment of students in the district; and (B) the sale of bonds for these purposes i s authorized by legislation that exempts the debt incurred on th e bonds from the district's statutory debt limitation. (iii) The bonds are issued, in one or more bond issues, on or before November 7, 2011, bu t the aggregate principal amount i ssued in all such bond issues combined must not excee d $450,000,000. (iv ) The bonds are issued in accordance with this Article 19. (v) The proceeds of t he bonds are used only to accomplish those projects appr oved by the voters at the general election held on Novembe r 7, 2006.The debt incurred on a ny bonds issued under this subsection (p-1 5) shall not be considered indebtedness for purposes of an y statutory debt limitation. (p-20) In addition to all other authority to issue bo nds, the Lincoln-Way Community High School District Number 210 may issue bonds with an aggregate principal a mount not to exceed $225,000,000, but only if all of the following conditions are met: (i) The voters of the district have approved a pr oposition for the bond issue at the general prim ary election held on March 21, 2006. (ii) At the time of the sale of the bonds, the school board determines, by resolu tion, that: (A) the building and equipping of the new hig h school buildings, the altering, repairing, and equipping o f existing school buildings, and the improvement of scho ol sites, as the case may be, are require d as a result of a projected increase in the enrollme nt of students in the district; and (B) the sale of bond s for these purposes is authorized by legislation that exempts the debt incurred on the bonds from the district's statutory de bt limitation. (iii) The bonds are issued, in one or more bond issues, on or bef ore March 21, 2011, but the aggregate principal amount issued in all such bond issues combined must not exceed $225,000,000.

(iv) The bonds are issued in acc ordance with this Article 19. (v) The proceeds of the bonds a re used only to accomplish those projects approved by the voters at the primary election held on March 21, 2006.The debt incurred on any bonds is sued under this subsection (p-20) shall not be conside red indebtedness for purposes of any statutory debt limi tation. (p-25) In addition to all other authority to issue bonds, Rochester Commu nity Unit School District 3A may issue bonds with an ag gregate principal amount not to exceed $18,500,000, b ut only if all of the following conditions are met: (i) The voters of the distri ct approve a proposition for the bond issuance at the gener al primary election held in 2008. (ii) At the time of the sale of the bonds, the school board d etermines, by resolution, that: (A) the building and eq uipping of a new high school building; the addition of cl assrooms and support facilities at the high school, middle s chool, and elementary school; the altering, repairing, a nd equipping of existing school buildings ; and the improvement of school sites, as the case ma y be, are required as a result of a projected increase i n the enrollment of students in the district; and (B) the sale o f bonds for these purposes is authorized by a law that exemp ts the debt incurred on the bonds from the district's statutory de bt limitation.

(iii) The bonds are issued, in one or more bond issues, on or be fore December 31, 2012, but the aggregate principal amount i ssued in all such bond issues combined must not exceed $18,500 ,000. (iv) The bonds are issued in accordance w ith this Article 19. (v) The proceeds of the bonds are used to accomplish only thos e projects approved by the voters at th e primary election held in 2008. The debt incurred on any bonds issued under this subsection (p-25) shall not be considered indebtedness for pur poses of any statutory debt limitation. (p-30) In addition to all other authority to issue bonds, Prairie Grove Consolidated School District 46 may issue bonds with an aggregate principal amount not t o exceed $30,000,000, but only if all of the followi ng conditions are met: (i) The voters of the district approve a proposition fo r the bond issuance at an election held in 2008. (ii) At the time of the sale o f the bonds, the school board determines, by resolutio n, that (A) the building and equipping of a new school bui lding and additions to existing school buildings are requ ired as a result of a projected increase in the enrollment of students in the district and (B) the altering, repai ring, and equipping of existing school bu ildings are required because of the age of the existing sch ool buildings. (iii) T he bonds are issued, in one or more bond issuan ces, on or before December 31, 2012; however, the aggregate principal amount issued in all such bond issuances combined must n ot exceed $30,000,000. (iv) The bonds are issued in accordance with this Artic le. (v) The proceeds of th e bonds are used to accomplish only those projects approved by the voters at an election held in 2008. The debt incurred on any bon ds issued under this subsection (p-30) shall not be c onsidered indebtedness for purposes of any statutory debt limitation. (p-35) In addition to all other authority to i ssue bonds, Prairie Hill Community Consolidated School Dist rict 133 may issue bonds with an aggregate principal amount not to exceed $13,900,000, but only if all of th e following conditions are met: (i) The voters of the district approved a propos ition for the bond issuance at an election held on April 1 7, 2007. (ii) At the time of the sale of the bonds, the school board determines, b y resolution, that (A) the improvement of the site of an d the building and equipping of a school building a re required as a result of a projected increase in the enrollment of students in the district and (B) the repairing and equipping of t he Prairie Hill Elementary School build ing is required because of the age of that school building.

(iii) The bonds are i ssued, in one or more bond issuances, on or before December 31, 2011, but the aggregate principal amount issued in all such bond issuances combined must not exceed $13,900,000. (iv) The bonds are issued in accordance with this Arti cle. (v) The proceeds of the bonds are used to accomplish only those projects approve d by the voters at an election held on April 17, 2007. The debt incurred on any bo nds issued under this subsection (p-35) shall not be c onsidered indebtedness for purposes of any statutory de bt limitation. (p -40) In addition to all other authority to issue bonds , Mascoutah Community Unit District 19 may issue bonds wit h an aggregate principal amount not to exceed $55,000,000, but only if all of the following conditions are met: (1) The voters of the distr ict approve a proposition for the bond issuance at a re gular election held on or after November 4, 2008. (2) At the time o f the sale of the bonds, the school board determines, by resolution, that (i) the building and equipping of a new high school building is required as a resu lt of a projected increase in the enrollment of students in the district and t he age and condition of the existing high school buildin g, (ii) the existing high school buildi ng will be demolished, and (iii) the sale of bonds is autho rized by statute that exempts the debt incurred on the bon ds from the district's statutory debt limitation. (3) The bond s are issued, in one or more bond issuances, on or before December 31, 2011, but the aggregate principal amount issu ed in all such bond issuances combined must not exceed $55,000,0 00. (4) The bonds are issu ed in accordance with this Article. (5) The proceeds of the bonds are used to accomplish only those p rojects approved by the voters at a regular election held o n or after November 4, 2008. The debt incurred on any bonds issued under this s ubsection (p-40) shall not be considered indebtedness for purposes of any statutory debt limitation. (p-45) Notwithstanding the provisions of su bsection (a) of this Section or of any other law, bo nds issued pursuant to Section 19-3.5 of this Code s hall not be considered indebtedness for purposes of an y statutory limitation if the bonds are issued in an amoun t or amounts, including existing indebtedness of the school district, not in excess of 18.5% of the value of t he taxable property in the district to be ascertained by the last assessment for State and co unty taxes. (p-50) Notwith standing the provisions of subsection (a) of this S ection or of any other law, bonds issued pursuant to Section 19-3.10 of this Code shall not be considered indebtedness for pur poses of any statutory limitation if t he bonds are issued in an amount or amounts, including exis ting indebtedness of the school district, not in excess of 43% of the value of the taxable property in the district to be ascerta ined by the last assessment for State and county taxes. (p-55) In addition to all other a uthority to issue bonds, Belle Valley School District 119 may issue bonds with an aggregate principal amount not to exceed $47, 500,000, but only if all of the following conditions are me t: (1) The voters of th e district approve a proposition for the bond issuance at an election held on or after April 7, 2009. (2) Prior to the issuance of the bonds, the scho ol board determines, by resolution, that (i) the buildin g and equipping of a new school building is required as a result of mine subsidenc e in an existing school building and because of the age and condi tion of another existing school building and (ii) the issua nce of bonds is authorized by statute that exempts the debt incurred on the bonds from the district's statutory debt lim itation. (3) The bonds are issued, in one or more bond issuances, on or before March 31 , 2014, but the aggregate principal amount issued in all such bond issuances combined must not exceed $47,500,000.

(4) The bonds are issued in accordance with this Art icle. (5) The proceeds of the bonds are used to accomplish only those projects approv ed by the voters at an election held on or after April 7, 2009. The debt incurred on any bonds issued u nder this subsection (p-55) shall not be considered in debtedness for purposes of any statuto ry debt limitation. Bonds issued under this subsection (p -55) must mature within not to exceed 30 years from t heir date, notwithstanding any other law to the contrary. (p-60) In addition to all othe r authority to issue bonds, Wilmington Community Unit School District Number 209-U may issue bond s with an aggregate principal amount not to exceed $2,28 5,000, but only if all of the following conditions are met: (1) The proceeds of the bonds are used to a ccomplish only those projects approved by the voters at th e general primary election held on March 21, 2006. (2) Prior to the issuance of the bonds, the school board determines, by resolution, tha t (i) the projects approved by the vot ers were and are required because of the age and condition of the school district's prior and existing school buildin gs and (ii) the issuance of the bonds is authorized by legisl ation that exempts the debt incurred on the bonds from the district's statutory debt limitation. (3) The bonds are issued in one or more bond issuances on or before March 1, 2011, but the aggregate principa l amount issued in all those bond issuances combined must no t exceed $2,285,000. (4) The bonds are issued in accordanc e with this Article. The debt incurr ed on any bonds issued under this subsection (p-60) sha ll not be considered indebtedness for purposes of any statut ory debt limitation.

(p-65) In addition to all other authority to is sue bonds, West Washington County Community Unit School Di strict 10 may issue bonds with an aggregate principal amount not to ex ceed $32,200,000 and maturing over a period not exceeding 25 years, but only if all of the following conditions are met: (1) The vote rs of the district approve a proposition for the bond iss uance at an election held on or after February 2, 2010.

(2) Prior to the issu ance of the bonds, the school board determines, by resolu tion, that (A) all or a portion of the ex isting Okawville Junior/Senior High School Building will be d emolished; (B) the building and equipping of a new schoo l building to be attached to and the alteration, repair, and equipping of the remaining portion of the Okawv ille Junior/Senior High School Building is required bec ause of the age and current condition of that school building; and (C) the issuance of bonds is authorized by a statute that exempts the debt incurred o n the bonds from the district's statutory debt limitation. (3) The bonds are issued, in one or more bond issuances, on or before March 31, 2014, but the aggregate principal amount issued in all such bond issuances combined must not exceed $32,200,000. (4) The bonds are issued in accordance with this Article. (5) The proceeds of the bonds are use d to accomplish only those projects approved by the vo ters at an election held on or after February 2 , 2010. The debt incurred on any bonds issued under this subsection (p-65) shall not be considered indebtedness for purposes of any s tatutory debt limitation. (p-70) In addition to all other authority to issue bonds , Cahokia Community Unit School District 187 may issue bonds with an aggregate principal amount not to exc eed $50,000,000, but only if all the following condi tions are met: (1) The v oters of the district approve a proposition for the bon d issuance at an election held on or after November 2, 20 10. (2 ) Prior to the issuance of the bonds, the school boa rd determines, by resolution, that (i) the building and eq uipping of a new school building is required as a r esult of the age and condition of an existing school building and ( ii) the issuance of bonds is authorized by a statute th at exempts the debt incurred on the bo nds from the district's statutory debt limitation. (3) The bonds are issued, in on e or more issuances, on or before July 1, 2016, but the aggregat e principal amount issued in all such bond issuan ces combined must not exceed $50,000,000.

(4) The bonds are issued in accordance with this A rticle. (5) The proceeds of t he bonds are used to accomplish only those projects approve d by the voters at an election held on or after November 2, 20 10. The debt incurred on any bonds issued under th is subsection (p-70) shall not be considered indebted ness for purposes of any statutory debt limitation. Bo nds issued under this subsection (p-70) m ust mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19- 3 of this Code, to the contrary. (p-75) Notwithstanding the debt limitation prescribed in subsection (a) of this Section or any other provisions of this Section or of any other law, the execution of le ases on or after January 1, 2007 and before July 1, 2011 by the Boa rd of Education of Peoria School District 150 with a public b uilding commission for leases entered into pursuant to the Public Building Commission Act shall not be considered inde btedness for purposes of any statutory deb t limitation. This subsection (p-75) applies only if the State Board of Education or the Capital Development Board makes one or more grants to Peoria School District 150 pursuant to the School Construction Law. The amount exempted from the debt limi tation as prescribed in this subsection (p- 75) shall be no greater than the amount of one or more grants awa rded to Peoria School District 150 by the State Board of Educa tion or the Capital Development Board. (p-80) In addition to all other authority to issue bonds , Ridgeland School District 122 may issue bonds with an aggregate principal amo unt not to exceed $50,000,000 for the purpose of refunding or c ontinuing to refund bonds originally issued pursuant to voter a pproval at the general election held on November 7, 2000, a nd the debt incurred on any bonds issued under this subsection (p-80) shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-80) may be issued in one or more issuanc es and must mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19-3 of t his Code, to the contrary. (p-85) In addition to all other authority to issue bonds, Hall High S chool District 502 may issue bonds with an aggregate principal amount not to exceed $32,000,000, but only if all the following co nditions are met: (1) The vo ters of the district approve a proposition for the bond issu ance at an election held on or after April 9, 2013. (2) Prior to t he issuance of the bonds, the school board determines, by resolution, that (i) the building and equipping of a new school building is required as a result of the age and conditi on of an existing school building, (ii) the existing school bui lding should be demolished in its entirety or the existing scho ol building should be demolished except for the 1914 west w ing of the building, and (iii) the issuance of bonds is auth orized by a statute that exempts the debt incurred on the bonds from the district's statutory debt limitation. (3) The bonds are issued, in one or more issu ances, not later than 5 years after the date of the referendum approv ing the issuance of the bonds, but the aggregate principal amoun t issued in all such bond issuances combined must not exceed $32,000,000. (4) The bonds are issued in accordance with this Article. (5) The proceeds of the bonds are used to ac complish only those projects approved by the voters at an el ection held on or after April 9, 2013.

The debt incurred on any bo nds issued under this subsection (p-85) shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-8 5) must mature within not to exceed 30 years from their da te, notwithstanding any other law, including Section 19 -3 of this Code, to the contrary. (p-90) In addition to all other authority to issue b onds, Lebanon Community Unit School District 9 may is sue bonds with an aggregate principal amount not to exceed $7,500,0 00, but only if all of the following conditions are met: (1) The voters of the district approved a proposition for the bond issuance a t the general primary election on February 2, 2010.

(2) At or prior to the time of the sale of the bonds, the school board determines, by resolution, that (i) the building and equipping of a new elementary school building is required a s a result of a projected increase in the enrollment of st udents in the district and the age and condition of the exist ing Lebanon Elementary School building, (ii) a po rtion of the existing Lebanon Elementary School building will be demolished and the remaining portion will be altered, repaired , and equipped, and (iii) the sale of bonds is authorized by a st atute that exempts the debt incurred on the bonds from the district's statutory debt limitation. ( 3) The bonds are issued, in one or more bond issuances, on or be fore April 1, 2014, but the aggregate principal amount issued in all such bond issuances combined must not exceed $7,500,0 00. (4) The bonds are issued in accordance with this Article. (5) Th e proceeds of the bonds are used to accomplish only those projects approved by the voters at the general primary election held on February 2, 2010. The debt incurred on any bonds issued under this subsection (p-90) shall not be considered indebt edness for purposes of any statutory debt limitation. (p-95) In addition to all other authority to issue bonds, Monticello Community Unit School District 25 may issue bonds with an aggre gate principal amount not to exceed $35,000,000, but o nly if all of the following conditions are met: (1) The voters of the district appro ve a proposition for the bond issuance at an election held on or after November 4, 2014. (2) Prior to the issuance of the bonds, the school board determines, by resolution, that (i) the bui lding and equipping of a new school building is req uired as a result of the age and condition of an existing school b uilding and (ii) the issuance of bonds is authorized by a statute that exempts the debt incur red on the bonds from the district's statutory debt limitat ion. (3) The bonds are issued, in one or more issuances, on or before July 1, 2020, but the agg regate principal amount issued in all such bond i ssuances combined must not exceed $35,000,000. (4) The bonds are issued in accordance with t his Article. (5) The proceeds of the bonds are used to accomplish only those projects appr oved by the voters at an election held on or after November 4, 2014. The debt incurred on any bonds issued under th is subsection (p-95) shall not be considered indebted ness for purposes of any statutory debt limitation. Bo nds issued under this subsection (p-95) m ust mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19- 3 of this Code, to the contrary. (p-100) In addition to all other authority to issue bonds , the community unit school district created in the territ ory comprising Milford Community Consolidated School District 280 and Milford Township High School District 233, as appr oved at the general primary election held on March 18, 2014, may issue bonds with an aggregate principal amount not to e xceed $17,500,000, but only if all the following conditions are met: (1) The voters of the district approve a proposition for the bond issuance at an election held on or after November 4, 2014. (2) Prior to the issuance of the bonds, the sch ool board determines, by resolution, that (i) the building and e quipping of a new school building is required as a result of the age and condition of an existing school building and (ii) the issuance of bonds is authorized by a statute that exempts the debt incurred on the bonds from the district's statu tory debt limitation. (3) The bonds are issued, in one or more issuances, on or before July 1, 202 0, but the aggregate principal amount issued in all such bond iss uances combined must not exceed $17,500,000. (4) The bonds are issued in accordance wit h this Article. (5) The pro ceeds of the bonds are used to accomplish only those projects a pproved by the voters at an election held on or after N ovember 4, 2014. The debt incurred on any bonds issued under th is subsection (p-100) shall not be considered indebte dness for purposes of any statutory debt limitation. B onds issued under this subsection (p-100) must mature within not to exceed 25 years from their dat e, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-105) In addition to all other authority to issue bon ds, North Shore School District 112 may issue bonds with a n aggregate principal amount not to exceed $150,000,0 00, but only if all of the following conditions are met: (1) The voters of the district appro ve a proposition for the bond issuance at an election held on or after March 15, 2016. (2) Prior to the issuance of the bonds , the school board determines, by resolution, that (i) the building and equipping of new buil dings and improving the sites thereof and the building and equipping of additions to, altering, repairing, equipping, and renovating existing buildings and improving the sites there of are required as a result of the age and condit ion of the district's existing buildings and (ii) the issuance of bonds is authorized by a statute that exempts the debt incurre d on the bonds from the district's statutory debt limitation. (3) The bonds are issue d, in one or more issuances, not later than 5 years after the date of the refer endum approving the issuance of the bonds, but the aggregate prin cipal amount issued in all such bond issuances combined must not exceed $150,000,000.

(4) The bonds are issued in accordance with this Article. (5) The proceeds of the bonds are used to accomplish only those projects approved by the voters at an election held on or after March 15, 2016. The debt incurred on any bonds issued under this subsection (p-105) and on any bonds issued to refund or continue to refund such bonds shall no t be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-105) and any bonds issued to refund or continue to refund such bonds must mature within not to exceed 3 0 years from their date, notwithstanding any other law, in cluding Section 19-3 of this Code, to the contrary. (p-110) In addition to all other authority to i ssue bonds, Sandoval Community Unit School District 501 ma y issue bonds with an aggregate principal amount not to exceed $2,000,000, but only if all of the following con ditions are met: (1) The voters of the district approved a proposition for the bond issuance at an election held on March 20, 2012. (2) Prior to the issuance of the bonds, the school board determines, by resolution, that (i) the building and equipping of a ne w school building is required because of the age and current condition of the Sandoval Elementary Sch ool building and (ii) the issuance of bonds is authorized by a statute that exempts the debt incurred on the bonds f rom the district's statutory debt limitation. (3) The bonds are issued, in one or more b ond issuances, on or before March 19, 2022, but the aggregate principal amount issued in all such bond issuances combined mus t not exceed $2,000,000. (4) T he bonds are issued in accord ance with this Article. (5) Th e proceeds of the bonds are used to accomplish only those pr ojects approved by the voters at the election held on March 2 0, 2012. The debt incurred on any bonds issued under this subsection (p-110) and on any bonds issued to ref und or continue to refund the bonds shall not be consid ered indebtedness for purposes of a ny statutory debt limitation. (p-115) In addition to all other authority to issue bonds, Bu reau Valley Community Unit School District 340 may issue b onds with an aggregate principal amount not to exceed $25 ,000,000, but only if all of the following conditi ons are met: (1) The vo ters of the district approve a proposition for the bond issuance at an election held o n or after March 15, 2016. (2) Prior to the issuances of the bonds, the sch ool board determines, by resolution, that (i) the r enovating and equipping of some existing school buildings, the bui lding and equipping of new school buildings, and the de molishing of some existing school buil dings are required as a result of the age and condition of existing school buildings and (ii) the issuance of bonds is authorized by a statute that exempts the debt incurr ed on the bonds from the district's statutory deb t limitation. (3) The bonds are issued, in one or more issuances, on or before J uly 1, 2021, but the aggregate principal amount issued in all such bond issuanc es combined must not exceed $25,000,000. (4) The bonds are issued in accordance with this Article. (5) The pr oceeds of the bonds are used to accomplish only those project s approved by the voters at an ele ction held on or after March 15, 2016. The debt incurred on any bonds issued under this su bsection (p-115) shall not be con sidered indebtedness for purposes of any statutory debt li mitation. Bonds issued under this subsection (p-115 ) must mature within not to exceed 30 years from thei r date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-120) In addition to all other authority to i ssue bonds, Paxton-Buckley-Loda Community Unit School District 10 may issue bonds with an aggregate princ ipal amount not to exceed $28,500,000, but only if all the following co nditions are met: (1) The voters of the district approve a proposition for the bond i ssuance at an election held on or after November 8, 2016. (2) Prio r to the issuance of the bonds, the school board determ ines, by resolution, that (i) the proj ects as described in said proposition, relating to the buil ding and equipping of one or more school buildings or addi tions to existing school buildings, are required as a result o f the age and condition of the District's existin g buildings and (ii) the issuance of bonds is authorized by a stat ute that exempts the debt incurred on the bonds from the distr ict's statutory debt limitation. (3) The bonds are issued, in one or more issuances, not later than 5 years after the date of the referendum approving the issuance of the bonds, but the aggregate principal amount issued in all su ch bond issuances combined must not exceed $28,500,000. (4) The bonds are issued in accordance w ith this Article. (5) The proceeds of the bonds are used to accomplish only those projects approved by the voters at an election held on or after November 8, 2016.

The debt incurred on any bonds issu ed under this subsection (p-120) and on any bonds i ssued to refund or continue to refund such bonds shall not be considered indebtedness for purposes of any statutor y debt limitation. Bonds issued under this subsection (p-120) and any bonds issued to refund or continue to ref und such bonds must mature within not to exceed 25 years fr om their date, notwithstanding any other law, including Se ction 19-3 of this Code, to the contrary. (p-125) In addition to all other authority to i ssue bonds, Hillsboro Community Unit School District 3 may issue bonds with an aggregate principal amount not to e xceed $34,500,000, but only if all the following condit ions are met: (1 ) The voters of the district approve a proposition for the bond iss uance at an election held on or after March 15, 2016. (2) Prior to the issuance of the bonds, the school board determ ines, by resolution, that (i) altering, repairing, and equ ipping the high school agricultural/vocational buildi ng, demolishing the high school main, cafeteria, and gym buildings, building and equipping a school building, a nd improving sites are required as a result of the age and condition of the district's existing buildings and (ii) the issuance of bonds is authorized by a statute that exempts the debt incurred on the bonds from the district's statutory d ebt limitation. (3) The bond s are issued, in one or more issuances, not later than 5 years af ter the date of the referendu m approving the issuance of the bonds, but the aggregate principa l amount issued in all such bond issuances combined must no t exceed $34,500,000. (4) T he bonds are issued in accordance with this Article. (5) The proceeds of the bonds are used to accompli sh only those projects approved by the voters at an election held on or after March 15, 2016. The debt incurred on any bonds issued under this subsection (p-125) and on any bonds issue d to refund or continue to refund such bo nds shall not be considered indebtedness for purposes o f any statutory debt limitation. Bonds issued under this subsection (p-125) and any bonds issued to ref und or continue to refund such bonds must mature with in not to exceed 25 years from their date, notwithstand ing any other law, including Section 19-3 of this Code, to the contrary. (p-130) In addition to all other authority to iss ue bonds, Waltham Community Consolidated School District 1 85 may incur indebtedness in an aggregate principal amou nt not to exceed $9,500,000 to build and equip a new sc hool building and improve the site thereof, but onl y if all the following conditions are met: (1) A majority of the voters of the district voting on an advisory question voted in favor of the question regarding the use of funding sourc es to build a new school building without increasing prope rty tax rates at the general election held on Novem ber 8, 2016. ( 2) Prior to incurring the debt, the school board enters into i ntergovernmental agreements with the City of LaSalle t o pledge moneys in a special tax allocation fund associated with tax increment financing districts LaSalle I and LaSalle II I and with the Village of Utica to pledge moneys in a special tax allocation fund associated with tax increment financing dis trict Utica I for the purposes of repaying the debt issued pursua nt to this subsection (p-130). Notwithstanding any other provision of law to the contrar y, the intergovernmental agreement may extend these tax incre ment financing districts as necessary to ensure repayment of the debt. (3) Prior to incurring the debt, the school board determines, by r esolution, that (i) the building and equipping of a new school building is required as a result of the age and condition of the district's existing buildings and (ii) the debt is authorized by a statute that exempts the d ebt from the district's statutory debt limitation. (4) The debt is incurred, in one or more issuances, not later than January 1, 2021, and the aggr egate principal amount of debt issued in all such issuance s combined must not exceed $9,500,000. The debt incurred under this subsection (p-130) and on any bonds issued to pay, refund, or continue to refund such debt shall not be considered indebtedness for purposes of any statutory debt limitation. Debt issue d under this subsection (p-130) and any bonds issu ed to pay, refund, or continue to refund such debt must mature wi thin not to exceed 25 years from their date, notwithstandin g any other law, including Section 19-11 of this Co de and subsection (b) of Section 17 of the Local Gov ernment Debt Reform Act, to the contrary. (p-133) Notwithstanding the provisions of s ubsection (a) of this Section or of any other law, bonds he retofore or hereafter issued by East Prairie School District 73 with an aggregate principal amount not to e xceed $47,353,147 and approved by the voters of the distr ict at the general election held on Novem ber 8, 2016, and any bonds issued to refund or continue to refund the bonds, shall not be considered indebte dness for the purposes of any statutory debt limitatio n and may mature within not to exceed 25 years from their date, no twithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-135) In a ddition to all other authority to issue bonds, Brookfield LaGrange Park School District Number 95 may issue bonds with an aggregate principal amount not to exceed $20,000,000, but only if all the following conditions are met: (1) The voters of the district approve a proposi tion for the bond issuance at an election held on or after April 4, 2017. (2) Prior to the issuanc e of the bonds, the school board determines, by resolution, tha t (i) the additions and renovations to the Brook Park Ele mentary and S. E. Gross Middle School buildings are required to accommodate enrollment growth, replace outdated facil ities, and create spaces consistent with 21st century learning and (ii) the issuance of the bonds is authorized by a statut e that exempts the debt incurred on the bonds from the district's statutory debt limitation.

(3) The bonds are issued, in one or more issuances , not later than 5 years after the date of the referendum approving the issuance of the bonds, but the aggrega te principal amount issued in all such bond issuances combined mu st not exceed $20,000,000. (4) The bonds are issued in accordance with this Arti cle. (5) The proceeds of the bonds are used to accomplis h only those projects approved by the voters at an election held on or after April 4, 2017. The debt incurred on any bonds issue d under this subsection (p-135) and on any bonds is sued to refund or continue to refund such bonds shall no t be considered indebtedness for purposes of any statut ory debt limitation. (p-140) The debt incurred on any bonds issued by Wolf Branch School Dis trict 113 under Section 17-2.11 of this Code for the purpose of repairing or replacing all or a portion of a school building that has been damaged by mine subsidence in an aggregate principal amount not to exceed $17,500,0 00 and on any bonds issued to refund or continue to refund those bonds shall not be considered indebtedness for pu rposes of any statutory debt limitation and must mature no later than 25 years from the date of issuance, notwithstanding any other provision of law to the contrary, includin g Section 19-3 of this Code. The maximum allowabl e amount of debt exempt from statutory debt limitations under this subsection (p-140) shall be reduced by an amount equal to any grants awarded by the State Board of Education or Capital Development Board for the explicit purpose of repairing or reconstructing a school building damaged by mine subsidence. (p-145) In addition to all other authority to issue bonds, Greenview Community Unit School District 200 may issue bonds with an aggregate principal amount not to exceed $3,500,000, but only if all of the following conditions are met: (1) The voters of the district approve a propos ition for the bond issuance at an election held on March 17, 20 20. (2) Prior to the issu ance of the bonds, the school board determines, by resolution , that the bonding is necessary for construction and expa nsion of the district's kindergarten through grade 12 facil ity. (3) The bonds are i ssued, in one or more issuances, not later than 5 years after the date of the referendum approving the issuance of the bonds, but the aggregate principal amount issued in all such bond issuances combined must not exceed $3,500,000. (4) The bonds are issued in accordance with this Article. (5) The proc eeds of the bonds are used to accomplish only the projec ts approved by the voters at an election held on March 17, 2020. The debt incurred on any bonds issued under this subsection (p-145) and on any bonds issued to ref und or continue to refund such bonds shall not be considered indebtedness for purp oses of any statutory debt limitation. Bonds issued under t his subsection (p-145) and any bonds issued to re fund or continue to refund such bon ds must mature within not to exceed 25 years from their d ate, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-150) In addition to all other authority to issue bonds, K omarek School District 94 may issue bonds with an aggregat e principal amount not to exceed $20,800,000, but only i f all of the following conditions are met: (1) The voters of the distri ct approve a proposition for the bond issuance at an election held on or after March 17, 2020. (2) Prior to the issuance of t he bonds, the school board determines, by resolution, that (i) building and equipping additions to, altering, repai ring, equipping, or demolishing a portion of, or improving the site of the district's exist ing school building is required as a result of the age and con dition of the existing building and (ii) the issuance of the bonds is authorized by a statute that exempts the deb t incurred on the bonds from the district's statutory debt limi tation. (3) The bonds are i ssued, in one or more issuances, no later than 5 years after th e date of the referendum approving the issuance of the bonds, but the aggregate principal amou nt issued in all of the bond issuances combined may not exceed $2 0,800,000. (4) The bonds a re issued in accordance with this Article. (5) The proceeds of the bonds are used to accomp lish only those projects approved by the voters at an elect ion held on or after March 17, 2020.

The debt incurred on any bonds is sued under this subsection (p-150) and on any bonds issued to refund or continue to refund those bonds may not be considered indebtedness for purposes of any statuto ry debt limitation. Notwithstanding any other law to th e contrary, including Section 19-3, bonds issue d under this subsection (p-150) and any bonds issue d to refund or continue to refund those bonds must mat ure within 30 years from their date of issuance. (p-155) In addition to all other authority to issue bo nds, Williamsville Community Unit School District 15 may issu e bonds with an aggregate principal amount not to ex ceed $40,000,000, but only if all of the following cond itions are met: (1 ) The voters of the school district approve a proposition for the bond issuance at an election held on March 17, 2020. (2) P rior to the issuance of the bonds, the school board determi nes, by resolution, that the projects set forth in the pro position for the bond issuance were and are required because o f the age and condition of the school district's existing school buildings.

(3) The bonds are issued, in one or more issuances, n ot later than 5 years after the date of the referendum appro ving the issuance of the bonds, but the aggregate princip al amount issued in all such bond issuances combined must not exceed $40, 000,000. (4) The bonds ar e issued in accordance with this Article. (5) The proceeds of the bonds are used to accomplish only the pr ojects approved by the voters at an election held on March 17, 2020. The debt incurred on any b onds issued under this subsection (p-155) and on any bo nds issued to refund or continue t o refund such bonds shall not be considered indebtedne ss for purposes of any statutory debt limitation. Bonds i ssued under this subsection (p-155) and any bonds issued to refund or continue to refund such bo nds must mature within not to exceed 25 years from thei r date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-160) In addition to all other authority to issue bonds, Berkeley School District 87 may issue bonds with an aggreg ate principal amount not to exceed $105,000,000, but onl y if all of the following conditions are met: (1) The voters of the dis trict approve a proposition for the bond issuance at the general pri mary election held on March 17, 2020. (2) Prior to the iss uance of the bonds, the school board determines, by resolut ion, that (i) building and equipping a school building t o replace the Sunnyside Intermediate and M acArthur Middle School buildings; building and eq uipping additions to and altering, repairing, and equipping th e Riley Intermediate and Northlake Middle School build ings; altering, repairing, and equipping the Whittier Primar y and Jefferson Primary School buildings; improving sites; reno vating instructional spaces; providing STEM (science, technolo gy, engineering, and mathematics) labs; and constructing life s afety, security, and infrastructure improvements are required to replace outdated facilities a nd to provide safe spaces consistent with 21st century learning a nd (ii) the issuance of bonds is authorized by a statute that exempts the debt incurred on the bonds from the district's st atutory debt limitation. (3) Th e bonds are issued, in one or more issuances, not later tha n 5 years after the date of the referendum approving the is suance of the bonds, but the aggregate principal amount issued in all such bond issuances combined must n ot exceed $105,000,000. (4) The bonds are issued in accordance with this Article. (5) The proceeds of the bonds are used to accomplish only those projects approved by the voters at the genera l primary election held on March 17, 2020. The debt incurred on any bonds issued under this sub section (p-160) and on any bonds issued to refund or continue to refund such bonds shall not be con sidered indebtedness for purposes of any statutory debt li mitation. (p-165) In addition to all other authority to issue bonds, Elmwood Park Co mmunity Unit School District 401 may issue bonds with an ag gregate principal amount not to exceed $55,000,000, bu t only if all of the following conditions are met: (1) The voters of the distric t approve a proposition for the bond issuance at an electi on held on or after March 17, 2020. (2) Prior to the issuance of the bonds, the school board determines, by resolution, that (i ) the building and equipping of an addition to the John Mills Element ary School building; the renovating, altering, repairin g, and equipping of the John Mills and Elmwood Elementary School buildings; the installation of s afety and security improvements; and the improvement of sc hool sites are required as a result of the age and conditio n of the district's existing school buildings and (ii) the issuance of bonds is authorized by a statute that ex empts the debt incurred on the bonds from the district 's statutory debt limitation. (3) The bonds are issued, in one or more issuances, not later than 5 years afte r the date of the referendum approving the issuance of the bonds, but the aggregate principal amount issued in al l such bond issuances combined must not exceed $55,000,000. (4) The bonds are issued in accordance with this Article. (5) The proceeds of the b onds are used to accomplish only the pr ojects approved by the voters at an election held on or a fter March 17, 2020. The debt incurred on any bonds issued under this subsection (p-165) and on any bonds issued to refund or continue to refund su ch bonds shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued und er this subsection (p-165) and any bonds issued to refund or continue to refund such bonds must matur e within not to exceed 25 years from their date, notwithsta nding any other law, including Section 19-3 of this Code, to the contrary. (p-170) I n addition to all other authority to issu e bonds, Maroa-Forsyth Community Unit School Distric t 2 may issue bonds with an aggregate principal amount n ot to exceed $33,000,000, but only if all of the follow ing conditions are met: (1) The voters of the school district approve a proposition for the bond issuance at an election held on March 17, 2020. (2) Prior to the issuance of the bonds, the school board determines, by resolution, that the projects set forth in the proposition for the bond issuance were and a re required because of the age and condition of t he school district's existing school buildings. (3) The bonds are issued, in one or more issuances, not later than 5 years after the date of the referendum approving the issuance of the bonds, but the agg regate principal amount issued in all such bond issuances comb ined must not exceed $33,000,000. (4) The bonds are issued in accordance with this Article.

(5) The proceeds of the bonds are used to accomplish only t he projects approved by the voters at an election held on March 17, 2 020. The debt incurred on any bonds issued u nder this subsection (p-170) and on any bonds issued to refund or continue t o refund such bonds shall not be considered indebtedne ss for purposes of any statutory debt limitation. Bonds i ssued under this subsection (p-170) and any bonds issued to refund or continue to refund such bo nds must mature within not to exceed 25 years from thei r date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-175) In addition to all other authority to issue bonds, Schiller Park School District 81 may issue bonds with an a ggregate principal amount not to exceed $30,000,000, but only if all of the following conditions are met: (1) The voters of the district approve a proposition for the bond issuance at an election held on or after March 17, 2020. (2) Prior to the issuanc e of the bonds, the school board determines, by resolution, that (i) building and equipping a school building to re place the Washington Elementary School bui lding, installing fire suppression systems, secur ity systems, and federal Americans with Disability Act of 1990 compliance measures, acquiring land, and improving th e site are required to accommodate enrollment growth, replac e an outdated facility, and create spaces consistent with 21st century learning and (ii) the issuance of bonds is authorized by a statute that exempts the debt incurred on the bonds from t he district's statutory debt limitation. (3) The bonds are issued, in one or more issuances, not later than 5 years after th e date of the referendum approving the issuance of the bo nds, but the aggregate principal amount issued in all such bond issuances combined must not exceed $30,000,000.

(4) The bonds are issued in accordance with thi s Article. (5) The procee ds of the bonds are used to accomplish only the projects approved by the voters at an election h eld on or after March 17, 2020. The d ebt incurred on any bonds issued under this subsection (p-175) and on any bonds issued to refund or cont inue to refund such bonds shall not be considered inde btedness for purposes of any statutory debt limitation . Bonds issued under this subsection (p-175) and an y bonds issued to refund or continue to refund such b onds must mature within not to exceed 27 years from thei r date, notwithstanding any other law, including Section 19 -3 of this Code, to the contrary.

(p-180) In addition to all other authority to issu e bonds, Iroquois County Community Unit School District 9 may issue bonds with an aggregate principal amount not t o exceed $17,125,000, but only if all of the following conditions are met: (1) The voters of the district approve a proposition for the bon d issuance at an election held on or after April 6, 202 1.

(2) Prior to the issuance of the bonds, the school board de termines, by resolution, that (i) building and equipping a new school building in the City of Watseka; alte ring, repairing, renovating, and equipping portio ns of the existing facilities of the district; and making site improvements is necessary because of the age and cond ition of the district's existing school facilities and (ii) the issuance of bonds is authorized by a statute that exempts t he debt incurred on the bonds from the district's statutory de bt limitation. (3) The bonds are issued, in one or more issuances, not later than 5 years aft er the date of the referendum approving the issuance of the bonds, but the aggregate principal amount issued in all such bond issuances combined must not exceed $17,125,000. (4) The bonds are issued in accordance with this Article. ( 5) The proceeds of the bonds are used to accomplish only th e projects approved by the voters at an election held on or after April 6, 2021. The debt incurred on any bonds issued under t his subsection (p-180) and on any bonds issued to refund or continue to refund such bonds shall not be co nsidered indebtedness for purposes of any statutory debt li mitation. Bonds issued under this subsection (p-180 ) and any bonds issued to refund or continue to refund such bonds must mature within not to exceed 25 years from thei r date, notwithstanding any other law, including Section 1 9-3 of this Code, to the contrary. (p-185) In addition to all other authorit y to issue bonds, Field Community Consolidated School Dist rict 3 may issue bonds with an aggregate principal amoun t not to exceed $2,600,000, but only if all of the foll owing conditions are met: (1) The voters of the district approve a proposition for the bond issuance at an election held on or after April 6, 2021. (2) Prior to the issuance of the bonds, the school b oard determines, by resolution, that (i) it is necessary to alter, repair, renovate, and equip the existing facilitie s of the district, including, but not limited to, roof replacement, lighting replacement, electrical upgrades, restroom repairs, and gym renovations, and make site i mprovements because of the age and condition of the district 's existing school facilities and (ii) the issuance of bonds is authorized by a statute that exempts the debt incurred on the bonds from the district's statutory debt limitation. (3) The bonds are issued, in one or mor e issuances, not later than 5 years after the date of the referendum approving the issuance of the bonds, but the aggregate principal amount issued in all su ch bond issuances combined must not exceed $2,600,000.

(4) The bonds are issued in accordance with this Arti cle. (5) The proceeds of the bonds are used to accomplish only the projects approved by the voters at an election held on or after April 6, 2021. The debt incurred on any bonds issued under this subsection (p -185) and on any bonds issued to refund or co ntinue to refund such bonds shall not be considered indebte dness for purposes of any statutory debt limitation . Bonds issued under this subsection (p-185) and any bonds issued to refund or continue to refund such bonds m ust mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19 -3 of this Code, to the contrary. (p-190) In addition to all other authority to issue bonds, Mahomet-Seymour Community Unit Scho ol District 3 may issue bonds with an aggregate principa l amount not to exceed $97,900,000, but only if all the following conditions are met: (1) The voters of the district approve a propositio n for the bond issuance at an election held on or after June 28, 2022. (2) Prior to the issuance of the bonds, the s chool board determines, by resolution, that (i) it is ne cessary to build and equip a new junior high school building, build and equip a new transportation building, a nd build and equip additions to, renovate, and make site impro vements at the Lincoln Trail Elementary building, Midd letown Prairie Elementary building, and Mahomet-Seymou r High School building and (ii) the issuance of bonds is author ized by a statute that exempts the debt incurred on the bonds from the district's statutory debt limitation. (3) The bonds are issued, in one or more issu ances, not later than 5 years after the date of the referendum approving the issuance of the b onds, but the aggregate principal amount issued in all such bond issuances combined must not exceed $97,900,000.

(4) The bonds are issued in accordance with this Article. (5) The proceeds of the bond s are used to accomplish only the projects approved by the voters at an election held on or after J une 28, 2022. The debt incurred on any bonds issued under this subsection (p-190) and on a ny bonds issued to refund or continue to refund such b onds shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued und er this subsection (p-190) and any bonds issued t o refund or continue to refund such bonds mu st mature within not to exceed 25 years from their date, notwiths tanding any other law, including Section 19-3 of thi s Code, to the contrary. (p-195) In addition to all other authority to iss ue bonds, New Berlin Community Unit School District 16 may issue bonds with an aggregate principal amount not to e xceed $23,500,000, but only if all the following condit ions are met: (1 ) The voters of the district approve a proposition for the bond issu ance at an election held on or after June 28, 2022. (2) Pr ior to the issuance of the bonds, the school board determin es, by resolution, that (i) it is necessary to alter, re pair, and equip the junior/senior high school build ing, including creating new classroom, gym, and o ther instructional spaces, renovating the J.V. Kirby Pretzel D ome, improving heating, cooling, and ventilation syste ms, installing school safety and security improvements, remo ving asbestos, and making site improvements, and (ii) the issua nce of bonds is authorized by a statute that exempts the debt incurred on the bonds from the district's statutory debt limita tion. (3) The bonds are issue d, in one or more issuances, not later than 5 years after the date of the referendum approving the issuance of the bonds, but the aggregate principal amoun t issued in all such bond issuances combined must not exceed $ 23,500,000. (4) The bonds are issued in acc ordance with this Article. (5) The proceeds of the bonds are used to accomplish on ly the projects approved by the voters a t an election held on or after June 28, 2022. The debt incurred on any bonds issued under this s ubsection (p-195) and on any bonds issued to refund or continue to refund such bonds shall not be considered in debtedness for purposes of any statutory debt limitation . Bonds issued under this subsection (p-195) and any bonds issued to refund or continue to refund such bo nds must mature within not to exceed 25 years from their d ate, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-200) In addition to all other authority to iss ue bonds, Highland Community Unit School District 5 may is sue bonds with an aggregate principal amount not to exce ed $40,000,000, but only if all the following condition s are met: (1) T he voters of the district approve a proposition for the bond issuanc e at an election held on or after June 28, 2022. (2) Prior to the issuance of the bonds, the school board determines, by resolution, that (i) it is necessary to improve the sites of, build, and equip a new primary school bui lding and build and equip additions to and alter, repair, and equip existing school buildings and (ii) the issu ance of bonds is authorized by a statute that exempts the debt incurred on the bonds from the district's statutory debt limitation. (3) The b onds are issued, in one or more issuances, not later than 5 ye ars after the date of the referendum approving the issuance of the bonds, but the aggregate principal amount issued in all such bond issuances combined must not exceed $40,000,000. (4) T he bonds are issued in accordance with this Article. (5) The proceeds of the bonds are u sed to accomplish only the projects approved by the voters at an election h eld on or after June 28, 2022. The debt incurred on any bonds issued under this subsection (p-200) and on any bonds issued to refund or continue to refund such bonds shall not be considered indebtedness for purposes of any statutory debt limitation . Bonds issued under this subsection (p-200) and a ny bonds issued to refund or continue to refund such bonds must mature within not to exceed 25 years from th eir date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-205) In addition to all other authority to iss ue bonds, Sullivan Community Unit School District 300 may issue bonds with an aggregate principal amount not to ex ceed $25,000,000, but only if all of the following cond itions are met:

(1) The voters of the district approve a proposition for the bond is suance at an election held on or after June 28, 2022. (2) Prior to the issuance of the bonds, the school board determ ines, by resolution, that (i) the projects set forth in the proposition for the issuance of the bonds are r equired because of the age, condition, or capacit y of the school district's existing school buildings and (ii) the issuance of bonds is authorized by a statute that exempts the debt incurred on the bonds from the district's s tatutory debt limitation. ( 3) The bonds are issued, in one or more issuances, not later t han 5 years after the date of the referendum approving the issu ance of the bonds, but the aggregate principal amount issued in a ll such bond issuances combin ed must not exceed $25,000,000. (4) The bonds are issued in accordance with this Article.

(5) The proceeds of the b onds are used to accomplish only the projects approved by the voters at an electio n held on or after June 28, 2022. The de bt incurred on any bonds issued under this subsection (p-205) and on any bonds issued to refu nd or continue to refund such bonds shall not be consider ed indebtedness for purposes of any statutory debt limitati on. Bonds issued under this subsection (p-205) and an y bonds issued to refund or continue to refund such bonds m ust mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-210) In addition to all other authority to iss ue bonds, Manhattan School District 114 may issue bonds wi th an aggregate principal amount not to exceed $85,000,0 00, but only if all the following conditions are met: (1) The voters of the district approve a proposition for the bond issuance at an elec tion held on or after June 28, 2022. (2) Prior to the issu ance of the bonds, the school board determines, by resoluti on, that the projects set forth in the proposition for t he bond issuance were and are required because of t he age, condition, or capacity of the school dist rict's existing school buildings. (3) The bonds are issued, in one or more issua nces, not later than 5 years after the date of the referendu m approving the issuances of the bonds, but the aggregate princ ipal amount issued in all such bond issuances combined must no t exceed $85,000,000. (4) T he bonds are issued in accordance with this Article. (5) T he proceeds of the bonds are used to accomplish only the projects approved by the voters at an election held on or afte r June 28, 2022. The debt incurred on any bo nds issued under this subsection (p-210) and on any bonds issued to refund or continue to refund such bonds shall not be co nsidered indebtedness for purposes of any statutory debt li mitation. Bonds issued under this subsec tion (p-210) and any bonds issued to refund or cont inue to refund such bonds must mature within not to exc eed 30 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the cont rary. (p-215) In addition to all other authority to iss ue bonds, Golf Elementary School District 67 may issue bon ds with an aggregate principal amount not to exceed $56, 000,000, but only if all of the following conditions are met: (1) The vo ters of the district approve a proposition for the bond issuance at an election held on or after June 28, 2022. (2) Prior to th e issuance of the bonds, the school board determines, by re solution, that (i) it is necessary to build and equip a new school building and improve the site thereof an d (ii) the issuance of bonds is authorized by a s tatute that exempts the debt incurred on the bonds from the di strict's statutory debt limitation. (3) The bonds are issued, in one or more is suances, not later than 5 years after the date of the referendu m approving the issuance of the bonds, but the aggregate princ ipal amount issued in all such bond issuances combined must not exceed $56,000,000. (4) The b onds are issued in accordanc e with this Article. (5) The p roceeds of the bonds are used to accomplish only the projec ts approved by the voters at an election held on or after June 28, 2022. The debt incurred on any bonds iss ued under this subsection (p-215) and on any bonds is sued to refund or continue to refund such bonds shall not b e considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-215) and any bonds issued to refund o r continue to refund such bonds must mature within not to exceed 25 years from their date, notwithstanding any othe r law, including Section 19-3 of this Code, to the contrary. (p-220) In addition to all other authority to issue bonds, Joliet Public Schools District 86 may iss ue bonds with an aggregate principal amount not to excee d $99,500,000, but only if all the following conditions are met: (1) Th e voters of the district approve a proposition for the bond issuanc e at an election held on or after April 4, 2023. (2) Prio r to the issuance of the bonds, the school board determines , by resolution, that the projects set forth in the prop osition for the bond issuance were and are required because o f the age and condition of the school district's existing school buildings. (3) The bonds are issued, in one or more issuances, n ot later than 5 years after the date of the referendum appro ving the issuance of the bonds, but the aggregate principal amo unt issued in all such bond issuances combined must not exceed $99,500,000. (4) The bonds are issued in accordance with this Article. (5) The proc eeds of the bonds are used to accomplish only the projects approv ed by the voters at an election held on or after April 4, 2023. The debt incurred on any bonds issued under this subsection (p-220), and on any bonds issued to refund or continue to refund such bonds, shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-220) and any bonds issued to refund or continue to r efund such bonds must mature within not to exceed 25 ye ars from their date, notwithstanding any other law, incl uding Section 19-3 of this Code, to the contrar y. (p-225) In addition to all other authority to i ssue bonds, Union Ridge School District 86 may issue bonds with an aggregate principal amount not to exceed $35,00 0,000, but only if all the following conditions are met : (1) The voters of the school district approve a proposition for the bond issuance at an election held on or after March 19, 2024. (2) Prior t o the issuance of the bonds, the school board determines, b y resolution, that the projects set forth in the proposi tion for the bond issuance were and are required be cause of the age and condition of the school dist rict's existing school buildings.

(3) The bonds are issued, in one or more issuance s, not later than 5 years after the date of the referendum a pproving the issuance of the bonds, but the aggregate principal amount issued in all such bond issuances combined must not ex ceed $35,000,000. (4) The bo nds are issued in accordance with this Article. (5) The pro ceeds of the bonds are used to accomplish only the projects appro ved by the voters at an election held on or after March 19, 2024. The debt incurred on any bonds iss ued under this subsection (p-225) and on any bonds issued to ref und or continue to refund such bonds shall not be cons idered indebtedness for purposes of any statutory debt limit limitation. Bonds issued under this subsection (p-225) and any bonds issued issue to re fund or continue to refund such bonds must mature within not to exceed 25 years from their date, notwithstand ing any other law, including Section 19-3 of this Code, to the contr ary. (p-230) In addition to all o ther authority to issue bonds, Bethel School District 82 may issue bonds with an aggregate principal amount not to exceed $3,975,000, but only if all the followin g conditions are met: (1) The vo ters of the school district approve a proposition for t he bond issuance at an election held o n or after March 19, 2024. (2) Prior to the issuance of the bonds, the school bo ard determines, by resolution, that the projects se t forth in the proposition for the bond issuance were and are required because of the age and condition of the school district's existing school buildings. (3) The bonds are issued, in one or more issuances, n ot later than 5 years after the date of the referendum approving the issuance of the bonds, but the aggregate principal amount issued in all such bond issuances combined must not exceed $3,975,000. ( 4) The bonds are issued in accordance with this Article. (5) The proceeds o f the bonds are used to accomplish only the projects approved by the voters at an election held on or after March 19, 2024. The debt incurred on any bonds issued under th is subsection (p-230) and on any bonds issued to refu nd or continue to refund such bonds shall not be consi dered indebtedness for purposes of any statutory debt limit limitation. Bonds issued u nder this subsection (p-230) and any bonds issued issue to ref und or continue to refund such bonds must mature within not to exceed 25 years from their date, notwithstandi ng any other law, including Section 19-3 of this Code, to the contra ry. (p-235) (p-225) Notwithstanding the provisions of any other law to the contrary, debt incu rred on any bonds issued under Section 19-3 o f this Code and authorized by an election held on or after Novembe r 5, 2024, and on any bonds is sued to refund or continue to refund s uch bonds, shall not be considered indebtedness for purposes of any statutory debt limitat ion. Bonds issued under Section 19-3 of this Code and authorized by an election held on or aft er November 5, 2024, and any bonds is sued to refund or continue to refund such bonds must m ature within 30 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (q) A school district must notify the State Board of Education prior to issuing any form of long-te rm or short-term debt that will result in outstanding debt that exceeds 75% of the debt limit specified in this Section o r any other provision of law. (Source: P.A. 102-316, eff. 8-6-21; 102-949, eff. 5-27-22; 103-44 9, eff. 1-1-24; 103-591, eff. 7-1-24; 103-978, eff. 8-9-24; revised 9-25-24.) (105 ILCS 5/21B-5

0) Sec. 21B-50 . Alternative Educator Licensu re Program for Teachers. (a) The re is established an alternative educator licensure program, to be known as the Altern ative Educator Licensure Program for Teachers. (b) The Alternative Educator Licensure Program for Teachers may be offered by a recognized institution approved to offer educ ator preparation programs by the State Board of Education, in consultation with th e State Educator Preparation and Licensure Board. The pro gram shall be comprised of up to 3 phases: (1) A course of study that at a minimu m includes instructional planning ; instructional strategies, including special education, reading, and English language learning ; classroom management; and the assessment of students and use of data to drive instruction. (2) A year of residency, which is a candidate's assignment to a full-ti me teaching position or as a co-teacher for one full school year. An individual must hold an Educator License with Stipulations with an alternative provisional educator e ndorsement in order to enter the residency. I n residency, the candidate must be assigned an effective, f ully licensed teacher by the principal or principal equival ent to act as a mentor and coach the can didate through residency, complete additional progr am requirements that address required State and national stan dards, pass the State Board's teacher performance assessment, if required under Section 21B-30, and be recommended by the principal or qualified equivalent o f a principal, as required under subsection (d) of this Section, and the progra m coordinator to be recommended for full licensure or t o continue with a second year of the residency. (3) (Blank). (4) A comprehensive assessment o f the candidate's teaching effectiveness, as evaluated by the principal or q ualified equivalent of a principal, as required under subsection (d) of this Section, and the program coordinato r, at the end of either the first or the second year of reside ncy. If there is disagreement between the 2 evaluat ors about the candidate's teaching effectiveness at the e nd of the first year of residency, a second year of resid ency shall be required. If there is disagreement betw een the 2 evaluators at the end of the second year of res idency, the candidate may complete one additional year of r esidency teaching under a professional development pl an developed by the principal or qualified equivale nt and the preparation program. At the completion of the third y ear, a candidate must have positive evaluations a nd a recommendation for full licensure from both the pri ncipal or qualified equivalent and the program coordina tor or no Professional Educator License shall be issu ed. Successful completion of t he program shall be deemed to satisfy any other practice or student teaching and content matter requirem ents established by law. (c) An alternative provisional educator endorsement on an Educator License with Stipulations is valid for up to 2 years of teaching in the public schools, including without limitation a preschool educational program under Section 2-3.71 of this Code or Section 15-30 of the Department of Early Childhood Act or charter school, or in a State-recognized nonpublic school in wh ich the chief administrator is required to have the licens ure necessary to be a principal in a public school in this State and in which a majority of the teachers are requ ired to have the licensure necessary to be instructors i n a public school in this State, but may be renewed fo r a third year if needed to complete the Alternative Educat or Licensure Program for Teachers. The endorsement shall be issued only once to an individual who me ets all of the following requirements: (1) Has graduated fr om a regionally accredited college or university with a bachelor's degree or higher. (2) (Blank). (3) Has complete d a major in the content area if seeking a middle or secon dary level endorsement or, if seeking an early childhood, elem entary, or special education endorsement, has complet ed a major in the content area of early childhood reading , English/language arts, mathematics, or one of the sciences. If the individ ual does not have a major in a content area for any level of tea ching, he or she must submit transcripts to the State Board of Education to be reviewed for equivalency. (4) Has successfully completed phase (1) of s ubsection (b) of this Section. (5) Has passed a content area test required for the spec ific endorsement, as required under Section 21B-30 o f this Code. A candidate pos sessing the alternative provisional educator endorsemen t may receive a salary, benefits, and any other terms of employment offered to teachers in the school who are memb ers of an exclusive bargaining representative, if any, but a school is not requ ired to provide these benefits during the years of residency if the candidate is serving only as a co-teacher. If the candidate is serving as the teache r of record, the candidate must receive a salary, b enefits, and any other terms of employment. Residenc y experiences must not be counted towards tenure. (d) The recognized institutio n offering the Alternative Educator Licensure Program for T eachers must partner with a school district, including w ithout limitation a preschool educational progra m under Section 2-3.71 of this Code or Section 15-30 of the Department of Early Childhood A ct or charter school, or a State-recognized, nonpublic school in this State in which the chief adminis trator is required to have the licensure necessary to be a princ ipal in a public school in this State an d in which a majority of the teachers are required to have the licensure necessary to be instructors in a public school in this State. A recognized institution that partner s with a public school district administering a preschool educ ational program under Section 2-3.71 of this Code or S ection 15-30 of the Department of Early Childhood Act mus t require a principal to recommend or evaluate candidates in the prog ram. A recognized institution that partners with an eligible en tity administering a preschool educational program under Sect ion 2-3.71 of this Code or Section 15-30 of the Department of Early Childhood Act and that is not a public school district must require a principal or qualif ied equivalent of a principal to recommend or evaluate can didates in the program. The program presented for approval by t he State Board of Education must demonstrate the supports that a re to be provided to assist the provisional teacher during the on e-year or 2-year residency period and if the re sidency period is to be less than 2 years in length, assura nces from the partner school districts to provide intensive m entoring and supports through at least the end of the second fu ll year of teaching for educators who completed the Alterna tive Educator Licensure Program for Teachers in less than 2 years. These supports must, at a minimum, provide additional cont act hours with mentors during the first year of residency. (e) Upon completion of phases under paragr aphs (1), (2), (4), and, if needed, (3) in subsection (b) of th is Section and all assessments required under Section 21B-30 of this Code, an individual shall receive a Professional Educator License. (f) The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, may adopt such rules as may b e necessary to establish and implement the Alternative Edu cator Licensure Program for Teachers.(Source: P.A. 103-111, eff. 6-29-23; 103-488 , eff. 8-4-23; 103-594, eff. 6-25-24; 103-605, eff. 7-1-24; 103-780, eff. 8-2-24; revised 8-12-24.) (105 ILCS 5/22-94

) Sec. 22-94. Employment history review. (a) This S ection applies to all permanent and temporary positions for employment with a school or a contractor of a school involving direct contact wit h children or students. (b) In this Section: "Contractor" means firms holding contracts with any school including, but not limited to, food service workers, school bus drivers and oth er transportation employees, who have direct contact with c hildren or students. "Direct contact with chi ldren or students" means the possibility of care, supervi sion, guidance, or control of children or students or routine inter action with children or students. "School" means a public or nonpublic elemen tary or secondary school. "Sexual misconduct" has the meaning ascribed to it in sub section (c) of Section 22-85.5 of this Code. (c) Prior to hiring an applicant to work directly with children or students, a school or contractor must ensure that the following criteria are met: (1) the school or contractor has no knowledge or information pertaining to the applicant that would d isqualify the applicant from employment; (2) the applicant swears or affirms that the applicant is not disqualified from employment; (3) using the template developed by the State Board of Education, the applicant provides all of the following: (A) a list, including the name, address, telephone number , and other relevant contact information of the follo wing: (i) t he applicant's current employer; (ii) all former employers of the applicant that were schools or school contractors, as well as a ll former employers at which the applicant had direct contact with children or students; (B) A written authorization that consents to and au thorizes disclosure by the applicant's current and former empl oyers under subparagraph (A) of this paragraph (3) of the inf ormation requested under paragraph (4) of this subsecti on (c) and the release of related records and that releases those employers from any liability that may arise from such di sclosure or release of records pursuant to subsection (e). (C) A written statement of whether the applicant: (i) has been the subject of a sexual misconduct allegation, unless a subsequ ent investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated; (ii) has ever been discharged from, been asked to resign from, resigned from, or otherwise be en separated from any employment, has ever been disciplined b y an employer, or has ever had an employment cont ract not renewed due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pe nding or under investigation, unless the investigation result ed in a finding that the allegation was false, unfoun ded, or unsubstantiated; or (iii) has ever had a l icense or certificate suspended, surrendered, or revo ked or had an application for licensure, approval, or endorsement denied due to an adjudication or finding o f sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated. (4) The school or contra ctor shall initiate a review of the employmen t history of the applicant by contac ting those employers listed by the applicant u nder subparagraph (A) of paragraph (3) of this subsection (c) and , using the template developed by the State Board of Education, request all of the following i nformation:

(A) the dates of employment of the a pplicant; (B) a statement as to whether the applican t: (i) has been the subject of a sexual m isconduct allegation, unless a subse quent investigation resulted in a finding that th e allegation was false, unfounded, or unsubstantiated; (ii) was discharged from, was asked to resign from, resigned from, or was otherwise separa ted from any employment, was disciplined by the employer, or had an employment contract not renewed due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the i nvestigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated; or (iii) has ever had a license or certificate suspended, surrendered, or revoked due to a n adjudication or finding of sexual misconduct or wh ile an allegation of sexual misconduct was pending or under investigati on, unless the investigation resulted in a finding that the allegation was false, unfou nded, or unsubstantiated. (C) The template sh all include the following option: if the employer does not have records or evidence regarding the questions in items (i) through (iii) of subpa ragraph (B) of paragraph (4) of subs ection (c), the employer may state that there is no knowledge of information pertaining to the applicant that would disqualify the applicant from employment. (5) For a pplicants licensed by the State Board of Edu cation, the school district, charter school, or nonpublic school shall verify the applicant's re ported previous employers with previous employe rs in the State Board of Education's educator l icensure database to ensure accuracy. (d) An applicant who provides false in formation or willfully fails to disclose information required in subsection (c) shall be subject to discipl ine, up to and including termination or denial o f employment. (e) No later than 20 days after receiving a request for information required under paragraph (4) of s ubsection (c), an employer who has o r had an employment relationship with the appl icant shall disclose the information requested. If the em ployer has an office of human resources or a cent ral office, information shall be provided by that offi ce. The employer who has or had an employment relationship with the applicant shall disclose the in formation on the template developed by the Sta te Board of Education. For any affirmative response to items (i) through (iii) of subparagra ph (B) of paragraph (4) or subsection (c), the employer who has or had an employment relationship with the applicant shall provide additional information about th e matters disclosed and all related records. A school shall complete the template at time of sepa ration from employment, or a t the request of the employee, and maintain it as p art of the employee's personnel file. If the school completes a n investigation after an employee's separation from empl oyment, the school shall update the information accordi ngly. Information received under this Section shall not be deemed a public record.

A school or contractor who receives information under this s ubsection (e) may use the information for the purpose of ev aluating an applicant's fitness to be hired or for continued em ployment and may report the information, as appropriate, to the State Board of Education, a State licensing agency, a law enfo rcement agency, a child protective services agency, anothe r school or contractor, or a prospective employer. An employer, school, school administrator, or cont ractor who provides information or records about a current or former employee or applicant under this Section is immun e from criminal and civil liability for the disclosure o f the information or record s, unless the information or records provided were knowingl y false. This immunity shall be in addition to and not a limitation on any other immunity provided by law or any abso lute or conditional privileges applicable to the discl osure by virtue of the circumstances or the applicant's consent to the disclosure and shall extent to any circumstances when the employer, school, schoo l administrator, or contractor in good fai th shares findings of sexual misconduct with another employ er. Unless the laws of another state pre vent the release of the information or records requested or dis closure is restricted by the terms of a contract entered into prior to July 1, 2023 (the effective date o f Public Act 102-702) this amendatory Act of the 102nd General Assembly, and notw ithstanding any other provisions of law to the contrary, an employer, school, school administrator, contractor, or appl icant shall report and disclose, in accordance with this Section, all relevant information, records, and docume ntation that may otherwise be confidential. (f) A school or contractor may not hire an applicant who does not provide the information required under sub section (c) for a position involving direct contact with c hildren or students. (g) Beginning on July 1, 2023 (the effective date of Publi c Act 102-702) this amen datory Act of the 102nd General Assembly, a schoo l or contractor may not enter into a collective bargaining agreement, an employment contract, an agreement for resi gnation or termination, a severance agreement, or any other contract or agreement or take any action that: (1) has the effect of suppressing information concerning a pending investigation or a com pleted investigation in which an allegation was substantiated r elated to a report of suspected sexual misconduct by a curren t or former employee; ( 2) affects the ability of the school or contractor to report suspected sexual misconduct to the appropriate authorities; or

(3) requires the s chool or contractor to expunge information about allegati ons or findings of suspected sexual misconduct from any documen ts maintained by the school or contractor, unless, after an investigation, an allegat ion is found to be false, unfounded, or unsubstantiated. (h) Any provision of an employment contract or agreement for resignation or terminat ion or a severance agreement that is executed, amended, or entered into on or after July 1, 2023 (the effect ive date of Public Act 102-702) this amendatory Act of the 102nd General As sembly and that is contrary t o this Section is void and unenforceable. (i) For substitute employees, a ll of the following apply: (1) The employment history review required by thi s Section is required only prior to the initial hiring of a substitute employee or placement on a school's approved su bstitute list and shall remain valid as long as the su bstitute employee continues to be employed by the same school or remains on the school's approved su bstitute list. (2) A substitute employee seeking to be added to another sch ool's substitute list shall undergo an additional employm ent history review under this Section. Except a s otherwise provided in paragraph (3) of this subsection (i) or in subsection (k), the appearance of a substitute employee on one school's substitute list does not relieve another school from compliance with this Section. (3) An employment history review conducted upon initial hiring of a substitute employee b y a contractor or any other entity that furnishes sub stitute staffing services to schools shall satisfy the requireme nts of this Section for all schools using the services of that contractor or other enti ty. (4) A contractor o r any other entity furnishing substitute staffing services to schools shall comply with paragraphs (3) and (4) of subsection (j). (j) For employees of contractors, all of the following apply: (1) The employment history review required by this Section shall be p erformed, either at the time of the initial hiring of a n employee or prior to the assignment of an existi ng employee to perform work for a school in a position in volving direct contact with children or students. The review shall remain valid as long as the employee remains employed by the same contractor, even if assigned to per form work for other schools. (2) A contractor shall main tain records documenting employment history reviews fo r all employees as required by this Section and, upon request, shall provide a school for whom an employee is assigned to perform work access to the records pertaining to that employee. (3) Prior to assign ing an employee to perform work for a school in a positio n involving direct contact with children or students, the contractor shall inform the school of any instance kno wn to the contractor in which the employee: (A) has been the subject of a sexual misconduct allegation unless a subsequent investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated; (B) has ever bee n discharged, been asked to resign from, resigned from, or otherwise been separated from any employment, been removed from a substitute list, been disciplined by an employer, or had an employment contract not renewed due t o an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, u nless the investigation resulted in a finding that the al legation was false, unfounded, or unsubstantiated; or (C) has ever had a lic ense or certificate suspended, surrendered, or revoked due to an adjud ication or finding of sexual misconduct or while an allegatio n of sexual misconduct was pending or under investiga tion, unless the investigation resulted in a finding t hat the allegation was false, unfounded, or unsubstantia ted. (4) The contractor may not assign an employee to perform work f or a school in a position involving direct contact wit h children or students if the school objects to the ass ignment after being informed of an instance liste d in paragraph (3). (k) An applicant who has undergone an employment history review under this Sect ion and seeks to transfer to or provide services to a nother school in the same school district, diocese, or religious jurisdiction, or to another school establish ed and supervised by the same organization is not requ ired to obtain additional reports under this Section b efore transferring. (l) Nothing in this Section shall be construed: (1) to preven t a prospective employer from conducting further inves tigations of prospective employees or from re quiring applicants to provide additional background in formation or authorizations beyond what is require d under this Section, nor to prevent a current or forme r employer from disclosing more information than what i s required under this Section; (2) to relieve a school, school employ ee, contractor of the school, or agent of the school from any legal responsibility to report sexual misconduct in ac cordance with State and federal reporting requirements; (3) to relieve a school, school employee, contractor of the school, or agent of the school from any legal responsibility t o implement the provisions of Section 7926 of Chapter 20 of the United States Code; or (4) to prohibit the right of the exclusive bargain ing representative under a collective bargaining agreemen t to grieve and arbitrate the validity of an employee's termination or discipline for just cause. (m) The State Board of Education shall develop th e templates required under paragraphs (3) and (4) of sub section (c).(Source: P.A. 102-702 , eff. 7-1-23; revised 7-17-24 .) (105 ILCS 5/24-4.1) (from

Ch. 122, par. 24-4.1)

Sec. 24-4.1. Residence requirements.) Residency within any school district shall not be considered in determining the employment or the compensation of a teache r or whether to retain, promote, assign, or transfer that teacher. (Source: P. A. 82-381; revised 10-16-24.) (105 ILCS 5/24A-2.5) Sec . 24A-2.5. Definitions.

In this Article: "Evaluator" means: (1) an ad ministrator qualified under Section 24A-3; or

(2) other individuals qual ified under Section 24A-3, provided that, if such other individuals are in the bargaining unit of a district's teachers, the district and the exclusive bargaining representative of that unit must agree to those individuals evaluating other bargaining unit members. Notwithstanding anything to the contrary in item (2) of this definition, a school district operating under Artic le 34 of this Code may require department chairs qualified under Section 24A-3 to evaluate teachers in their de partment or departments, provided that the school district shall bargain with the bar gaining representative of its teachers over the impact and effects on department chairs of such a requirement. "Implementation date" means, unless otherwise specified and provided that the requirements set forth in subsection (d) of Section 24A-20 have been met: (1) For school districts having 500 ,000 or more inhabitants, in at least 300 schools by September 1, 2012 and in the remaining scho ols by September 1, 2013. (2) For school districts having less than 500,000 inhabi tants and receiving a Race to the Top Grant or School Impro vement Grant after January 15, 2010 (th e effective date of Public Act 96-861) this amendatory Act of the 96th General Assembly, the date specif ied in those grants for implementing an evaluation system for teachers and principals incorporating student growth as a s ignificant factor. (3) For th e lowest performing 20% percent of r emaining school districts having less than 500,000 inhabitan ts (with the measure of and school year or years used for school district performance to be determined by the State Superintendent of Education at a time determined by the State Superintendent), September 1, 201 5. (4) For all other school distr icts having less than 500,000 inhabitants, September 1 , 2016. Notwithstanding items (3) and (4) of this definition, a school district and the exclusive bargaining representative of its teachers may jointly agree in writ ing to an earlier implementation date, provided that such date must not be earlier than September 1, 2013. The written agreem ent of the district and the exclusive bargaining representative must be transmitted to the Sta te Board of Education. "Race to the Top G rant" means a grant made by the Secretary of the U.S. Depa rtment of Education for the program first funded pursuant to paragraph (2) of Section 14006(a) of the American Recovery and Reinvestment Act of 2009. "Scho ol Improvement Grant" means a grant made by the Secret ary of the U.S. Department of Education pursuant to Sec tion 1003(g) of the Elementary and Secondary Education Act .(Source: P.A. 96-861, eff. 1-15-10; 97-8, eff. 6-13-11; revised 7-17-24.) (105 ILCS 5/24A-5) (from Ch. 122, p

ar. 24A-5) Sec. 24A-5. Content of evaluation plans. This Sectio n does not apply to teachers assigned to schools identifi ed in an agreement entered into between the board of a school district operating under Article 34 of this Code and the exc lusive representative of the district's teachers in accordance with Section 34-85c of this Code. Each school d istrict to which this Article applies shall establish a te acher evaluation plan which ensures that each teacher in con tractual continued service is evaluated at least once in the course of every 2 or 3 school years as provided in this Section. Each school district shall establish a teach er evaluation plan that ensures that: (1) each teacher not in contractual continued service is evaluated at least once every school ye ar; and (2) except as otherwise provided in this S ection, each teacher in contractual continued service is evaluated at least once in the course of every 2 school years. Howeve r, any teacher in contractual continued service whose performance is rated as either "needs improvement" or "unsatisf actory" must be evaluated at least once in the school year following the receipt of such rating. No lat er than September 1, 2022, each school district must estab lish a teacher evaluation plan that ensures that each teacher in contractual continued service whose performance is rated as either "excellent" or "proficient" is evaluated at least once in the course of the 3 school years after rec eipt of the rating and implement an informal teacher observatio n plan established by agency rule and by agreement of the joint committee established under sub section (b) of Section 24A-4 of this Code that ensur es that each teacher in contractual continued service whose performance is rated as either "excellent" or "profic ient" is informally observed at least once in the course of the 2 school years after receipt of the rating. For the 2022-2023 school year only, if the Governor has declared a disaster due to a public health emergency pursuant to Se ction 7 of the Illinois Emergency Management Agency Act, a school district may waive the evaluation requi rement of all teachers in contractual continued service whose performances were rated as either "excellent" or "proficient" during the last school year in which the teachers were eval uated under this Section. Notw ithstanding anything to the contrary in this Section or any ot her Section of this Code, a principal shall not be prohibite d from evaluating any teachers within a school during his or her first year as principal of such school. If a first-year principal exercises this option in a school district whe re the evaluation plan provides for a teacher in contractual continue d service to be evaluated once in the course of every 2 or 3 school years, as applicable, then a new 2-ye ar or 3-year evaluation plan must be established. The evaluation plan shall comply with the requi rements of this Section and of any rules adopted by the State Board of Education pursuant to this Section. The plan shall include a d escription of each teacher's duties and responsibilities and o f the standards to which that teacher is expected to conform, and shall include at least the following components: (a) personal observation of the t eacher in the classroom by the evaluator, unless the teacher has no classroom duties. (b) consideration of the teacher's atte ndance, planning, instructional methods, classroom managemen t, where relevant, and competency in the subject matter taught.

(c) by no later than the applicable implementation date, consideration of student growth as a significant factor in the rating of the teacher' s performance. (d) prio r to September 1, 2012, rating of the performance of teachers i n contractual continued service as either:

(i) "excellent", "satisfactory" or "unsatisfactory"; or (ii) "excellent", "pr oficient", "needs improvement" or "unsatisfactory". (e) on and after Septe mber 1, 2012, rating of the performance of all teachers as "exc ellent", "proficient", "needs improvement" or "unsatisfactory".

(f) specificati on as to the teacher's strengths and weaknesses, with supporting reasons for the comments made. (g) inclusion of a copy of the evaluation in the teacher's personnel file an d provision of a copy to the teacher. (h) within 30 school days after the completion of an evaluation rating a teacher in contractual continued service as "needs impro vement", development by the evaluator, in consultation with the teacher, and taking into account the teacher's ongoing on-going professio nal responsibilities including his or her regular teachin g assignments, of a professional developm ent plan directed to the areas that need improv ement and any supports that the district will prov ide to address the areas identified as needing impr ovement. (i) within 30 schoo l days after completion of an evaluation rating a teache r in contractual continued service as "unsatisfactory", de velopment and commencement by the district of a remediation plan desig ned to correct deficiencies cited, provided the deficienci es are deemed remediable. In all school districts the remediation plan for unsatisfactor y, tenured teachers shall provide for 90 school days of remediation within the classroom, unless an applicable collective bargaining agreement provid es for a shorter duration. In all school districts evaluati ons issued pursuant to this Section shall be issued w ithin 10 days after the conclusion of the respectiv e remediation plan. However, the school board or other g overning authority of the district shall not lose jurisdiction to discharge a teacher in the event the eval uation is not issued within 10 days after the conclusio n of the respective remediation plan. (j) participation in the remediation plan by the teacher in contractual continued service rated "un satisfactory", an evaluator and a consulting teacher selected by the evaluator of the teacher who was rated "unsatisfactory", which consulting teacher is an educ ational employee as defined in the Illinois Educational La bor Relations Act, has at least 5 years' teaching experien ce, and a reasonable familiarity with the assignment of t he teacher being evaluated, and who received an "excellen t" rating on his or her most recent evaluation. Where no t eachers who meet these criteria are available within the di strict, the district shall request and the applicable regi onal office of education shall supply, to participate in the remediation process, an individual who meets these criteria. In a distri ct having a population of less than 500,000 with an exclusive bargaining agent, the bargaining agent may, if it so chooses, supply a roster of qualified teachers f rom whom the consulting teacher is to be selected. That roster shall, however, contain the names of at least 5 teachers, each of whom meets the criteria for consul ting teacher with regard to the teacher being e valuated, or the names of all teachers so qualified if t hat number is less than 5. In the event of a dispute as to qualification, the State Board shall determin e qualification. (k) a mid-point and final evaluation by an ev aluator during and at the end of the remediation period, im mediately following receipt of a remediation plan p rovided for under subsections (i) and (j) of this Section . Each evaluation shall assess the teacher's performance d uring the time period since the prior evaluation; provided that the last evaluation shall also include an overal l evaluation of the teacher's performance during the r emediation period. A written copy of the evaluations and ratings, in which any deficiencies in performance and recommendations for correction are identified, shall be provided to and d iscussed with the teacher within 10 school days afte r the date of the evaluation, unless an applicable collective bargaining agreement provides to the contrary. T hese subsequent evaluations shall be conducted by an eval uator. The consulting teacher shall provide advice t o the teacher rated "unsatisfactory" on how to improve t eaching skills and to successfully complete the remediation plan. The consulting teacher shall participate in developing the remediation plan, but the final decision as to the evaluation shall be done solely by the e valuator, unless an applicable collective bargain ing agreement provides to the contrary. Evaluations at the conclusion of the remediation process shall be separate and distinct from the required annual ev aluations of teachers and shall not be subject to t he guidelines and procedures relating to those annual eva luations. The evaluator may but is not required to use the forms provided for the annual evaluation of teachers in the district's evaluation plan. (l) reinstatement to the evaluation schedule set forth in the district's evaluation plan fo r any teacher in contractual continued service who a chieves a rating equal to or better than "satisfactory" or "proficient" in the school year following a ratin g of "needs improvement" or "unsatisfactory".

(m) dismissal in accordanc e with subsection (d) of Section 24-12 or Section 2 4-16.5 or 34-85 of this Code of any teacher who fails to complete any applicable remediation plan with a rating equal to or better than a "satisfacto ry" or "proficient" rating. Districts and teachers subjec t to dismissal hearings are precluded from compelling the testimony of consulting teachers at such hearings u nder subsection (d) of Section 24-12 or Section 24 -16.5 or 34-85 of this Code, either as to the rating process or for opinions of performances by teache rs under remediation. (n) After the implementation date of an evaluati on system for teachers in a district as specified in Section 24A-2.5 of this Code , if a teacher in contractual continued service successfully completes a remediation plan following a rating of "u nsatisfactory" in an overall performance evaluation receiv ed after the foregoing implementation date and receives a subsequent rating of "unsatisfactory" in any of the tea cher's overall performance evaluation ratings r eceived during the 36-month period following the te acher's completion of the remediation plan, then the school district may for go remediation and seek dismissal in accordance w ith subsection (d) of Section 24-12 or Section 34-85 of this Code. (o) Teachers who are due to be evaluated in the last year before they are set to retire shall be offered the opportunity to waive their evaluation and to retain their most r ecent rating, unless the teacher was last rated as "needs improveme nt" or "unsatisfactory". The school district may still res erve the right to evaluate a teacher provi ded the district gives notice to the teacher at least 14 days before the evaluation and a reason for evaluating the teacher. Nothing in this Section or Section 24A-4 shall be construed as preventing im mediate dismissal of a teacher for deficiencies which are deemed irremediable or for actions which are injurio us to or endanger the health or person of students in th e classroom or school, or preventing the dismissa l or non-renewal of teachers not in contractu al continued service for any reason not prohibited by applicable employment, labor, and civil rights laws. Failure to strictly comply with the time requirements contai ned in Section 24A-5 shall not invalidate the results of the re mediation plan. Nothing contained in Public Act 98-648 repea ls, supersedes, invalidates, or nullifies final decision s in lawsuits pending on July 1, 2014 (the effective date of Public Act 98-648) in Illinois courts involving the interpretation of Public Act 97-8.

If the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illi nois Emergency Management Agency Act that suspends in-person instruction, the timeli nes in this Section connected to the commencement and co mpletion of any remediation plan are waived. Except if the pa rties mutually agree otherwise and the agreement is in wri ting, any remediation plan that had been in place for more than 45 days prior to the suspension of in-person instruction shall resume when in-person instruction res umes and any remediation plan that had been in place for fewer than 45 days prior to the suspension of in-person instr uction shall be discontinued and a new remediation period shall beg in when in-person instruction resumes. The requirements of this paragraph apply r egardless of whether they are included in a school dis trict's teacher evaluation plan. (Source: P.A. 102-252, eff. 1-1-22; 102-729, eff . 5-6-22; 103-85, eff. 6-9-23; 103-605, eff. 7-1-24; revised 8-8-24.) (105 ILCS 5/27-23.17) Sec. 27-23.17. Workplace Readiness We ek. (a) Beginning wit h the 2024-2025 school year, all public high schools, inc luding charter schools, may designate and annually observe a we ek known as "Workplace Readiness Week". During that wee k, students shall be provided information on their rights as workers. The topics covered shall include, but are not limited to, local, State, and federal laws regarding each of the following areas and shall include the labor movement's role in winning the pro tections and benefits described in those areas: (1) Prohibitions against misclassi fication of employees as independent contractors. (2) Child labor. (3) Wage and hour protections. (4) Worker safety. (5) Workers' compensation. (6) Unemployment in surance. (7) Paid sick leave and paid family leave. (8) The right to organize a union in the workplace. (9) Prohibitions against retaliation by employers wh en workers exercise their rights as workers or any other ri ghts guaranteed by law. During Workplace R eadiness Week, students shall also be provided information i ntroducing them to State-approved apprenticeship programs , how to access them, the variety of programs available, and how they can provide an alternative career path for thos e students who choose not to attend a traditional higher education program. (b) If a school observes Workplace Readiness Week under this Section , then, for students in grades 11 and 12, the information required to be provided in subsection (a) shall be integrated into the regular school program but may also be provided during s pecial events after regular school hours. Integration into the regular school program is encouraged, but not require d, to occur during Workplace Readiness Week. (So urce: P.A. 103-598, eff. 7-1-24.) (105 ILCS 5/27-23.18) Sec. 27-23.18 27-23.17. Relaxation activities.

Each school district may provide to students, in addition to and not substituting recess, at l east 20 minutes a week of relaxation activities to enhance t he mental and physical health of students as part of the sch ool day. Relaxation activities may include, but are not li mited to, mindful-based movements, yoga, stretching , meditation, breathing exercises, guided relaxation tec hniques, quiet time, walking, in-person conversation , and other stress-relieving activities. A school distric t may partner with public and private community organizatio ns to provide relaxation activities. These activities may t ake place in a physical education class, social-emotional learning class, or student-support or advisory class or as a par t of another similar class, including a new class.(Source: P.A. 103-764, eff. 1-1-25; revised 12-3-24.) (105 ILCS 5/27A-5) (Text of Section before amendment by P.A. 102-466) Se c. 27A-5. Charter school; l egal entity; requirements. (a) A charter school shall be a public, nonsectarian, n onreligious, non-home based, and non-profit school. A charter school shall be organized and operated as a nonp rofit corporation or other discrete, legal, nonprofit entity authorized under the laws of the State of Illinois. (b) A charter school may be established under this A rticle by creating a new school or by converting an ex isting public school or attendance center to charter scho ol status. In all new applications to establish a charter school in a city having a population exceeding 500,000, operati on of the charter school shall be lim ited to one campus. This limitation does not apply to charter schools existing or approved on or before April 16, 2003. ( b-5) (Blank). (c) A charter school shall be administered and governed by its board of directors or other governing body in the manner provided in its charter. The governing body of a charter school shall be subject to the Freedom of Information Act and the Open Meetings Act. A charter school's board of directors or other governing body must include at least one parent or guardian of a pupil currently enrolled in the charter school who may be selected through the charter school or a charter netwo rk election, appointment by the charter school's board of directors or other governing body, or by the charter school's Paren t Teacher Organization or its equivalent. (c-5) No later than January 1, 2021 or within the fir st year of his or her first term, every voting member of a ch arter school's board of directors or other governing body shall complete a minimum of 4 hours of professional dev elopment leadership training to ensure that each member has suf ficient familiarity with the board's or governing body's role and responsibilities, including financia l oversight and accountability of the sc hool, evaluating the principal's and school's performance, adherence to the Freedom of Information Act and the Open Meet ings Act, and compliance with education and labor law. In each subsequent year of his or her term, a voting member of a charter school's board of directors or other governing body shall complete a minimum of 2 hours of professional developm ent training in these same areas. The training under this sub section may be provided or certified by a statewide charter school membership association or may be provided or certified b y other qualified providers approved by the State Board. (d) For purposes of this subsection (d), "non- curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maint ain, preserve, or safeguard safe or healthful conditions f or students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and sc hool personnel. "Non-curricular health and safety re quirement" does not include any course of study or s pecialized instructional requirement for which the State Boar d has established goals and learning standards or which is des igned primarily to impart knowledge and skills for students t o master and apply as an outcome of their education. A charter school shall comply with all non-curricular health and safety requirements applicable to pub lic schools under the laws of the State of Illinois. The St ate Board shall promulgate and post on its Internet website a l ist of non-curricular health and safety requirements t hat a charter school must meet. The list shall be updated annua lly no later than September 1. Any c harter contract between a charter school and its authorizer mus t contain a provision that requires the charter school to f ollow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by t he State Board to such list during the term of the charte r. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not co ntained in the list promulgated by the State Board, including n on-curricular health and safety requirements of the autho rizing local school board. (e) Except as otherwise pr ovided in the School Code, a charter school shall not charge tuition; provided that a charter school may charge reasonab le fees for textbooks, instructional materials, and student act ivities. (f) A charter school shall be responsible for the management and operation of its fiscal affai rs, including, but not limited to, the preparation of its budg et. An audit of each charter school's finances shall be c onducted annually by an outside, independent contractor retained by the charter school. The contractor shall n ot be an employee of the charter school or affiliated with the char ter school or its authorizer in any way, other than to audit th e charter school's finances. To ensure financial accountabilit y for the use of public funds, on or before December 1 of ever y year of operation, each charter school shall submit to its authori zer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year wit h the federal Internal Revenue Service. In addition, if deemed necess ary for proper financial oversight of the charter s chool, an authorizer may require quarterly financial st atements from each charter school. (g) A charter school shall comply with all provisions of thi s Article, the Illinois Educational Labor Relations Act, all federa l and State laws and rules applicable to public sc hools that pertain to special education and the instruction of English learners, and its charter. A charter school is exempt fr om all other State laws and regulations in this Code governi ng public schools and local school board policies; howev er, a charter school is not exempt from the following: (1) Sections 10-21.9 and 34-18.5 of this Code regarding criminal history records checks and checks of the Statewide Sex Offender Database and St atewide Murderer and Violent Offender Against Youth Database of applicants for employment; (2) Sections 10-20.14, 10-22.6, 22-10 0, 24-24, 34-19, and 34-84a of this Cod e regarding discipline of students; (3) the Local Governmental and Governmental Employe es Tort Immunity Act;

(4) Section 108.75 of the G eneral Not For Profit Corporation Act of 1986 regarding i ndemnification of officers, directors, employees, and agents ; (5) the Abused and Ne glected Child Reporting Act; (5.5) subsection (b) of Section 10-23.12 and subse ction (b) of Section 34-18.6 of this Code; (6) the Illinois School Student Reco rds Act; (7) Section 10-17a of this Code regardi ng school report cards; (8) t he P-20 Longitudinal Education Data System Act; (9) Section 27-23.7 of this Code regarding bullying prevention; (10) Section 2-3.1 62 of this Code regarding student discipline reporting; (11) Sections 22-80 and 27-8.1 of this Code;

(12) Sections 10-20.60 and 34-18.53 of this Code ; (13) Sectio ns 10-20.63 and 34-18.56 of this Code; (14) Sections 22-90 and 26-18 of this Code; (15) Section 22-30 of this Code; (16) Sections 24-12 and 34-85 of this Code; (17) the Seizure Smart School Act; (18) Section 2-3.64a-10 of this Code;

(19) Sections 10-20.73 and 34-21.9 of this Code; (20) Section 10-22.25b of this Code; (21) Section 27-9.1a of this Code;

(22) Section 27-9.1b of this Code;

(23) Section 34-18.8 o f this Code; (25 ) Section 2-3.188 of this Code; (26) Section 22-85.5 of this Code; (27) subsections (d-10), (d-15), and (d-20) of Section 10-20.56 of this Code; (28) Sections 10-20.83 and 34-18.78 of this Code; (29) Section 10-20.13 of this Code;

(30) Section 28-19.2 of this Code; (3 1) Section 34-21.6 of this Code; (32) Section 22-85.10 of this Code; (33) Section 2-3.196 of this Code; (34) Section 22-9 5 of this Code; (35) Section 34-18.6 2 of this Code; (36) the Illinois Human R ights Act; and (37) Section 2-3.204 of this Code. The change made by Public Act 96 -104 to this subsection (g) is declaratory of existing law. (h) A charter school may negotiate and contract with a school distric t, the governing body of a State college or university or public community coll ege, or any other public or for-profit or nonprofit p rivate entity for: (i) the use of a school building and grounds or any other real property or faci lities that the charter school desires to use or convert for use as a charter school site, (ii) the operation and maintenance thereof, and (iii) the provis ion of any service, activity, or undertaking that the charter school is requ ired to perform in order to carry out the terms of its charter. Except as pro vided in subsection (i) of this Section, a school district may charge a chart er school reasonable rent for the use of the district's buildings, grounds, and facilities. Any services for which a charter school contracts with a sch ool district shall be provided by the district at cost. Any services for wh ich a charter school contracts with a local school board or with the governin g body of a State college or university or public community co llege shall be provided by the public entity at cost. (i) In no event shall a charter schoo l that is established by converting an existing school or attendance center to charter school status be required to pay r ent for space that is deemed available, as negotiated and provided in the charter agreement, in school district facilities. H owever, all other costs for the operation and maintenance of school district facilities that are used by the charter s chool shall be subject to negotiation between the charter sch ool and the local school board and shall be set forth in the charter. (j) A charter school may limit s tudent enrollment by age or grade level. (k) If the charter school is authorized by the State Board, then the charter school is its own local education agency. (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; 102-360, e ff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22 ; 102-702, eff. 7-1-23; 102-805, ef f. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175, e ff. 6-30-23; 103-472, eff. 8-1-24; 103-605, eff. 7-1-24; 103-641, e ff. 7-1-24; 103-806, eff. 1-1-25; revised 10-9-24.) (Text of Section after amendment by P.A. 102-466) Sec. 27A-5. Charter school; legal entity; requ irements. (a) A c harter school shall be a public, nonsectarian, nonreligiou s, non-home based , and non-profit school. A charter school shall be organized and operated as a nonprofi t corporation or other discrete, legal, nonprofit entity authorized under the laws of the State of Il linois. (b) A charter school may be established under this Article by creating a new school or by converting an existing public school or attendance center to charter school status. In all new applications to establish a charter school in a city having a population exceeding 500,000, operation of the charter school shall be limited to one campus. This limitation does not apply to charter schools existing or approved on or before April 16, 2003. (b-5) (Blank). (c) A charter school shall be administered an d governed by its board of directors or other governing body in the manner provided in its charter. The governing body of a charter school shall be subject to the Freedom of Information Act and the Open Meetings Act. A charter school's board of directors or other governing body must include at least one parent or guardian of a pupil currently enrolled in the charter school who may be selected through the charter school or a charter netwo rk election, appointment by the charter school's board of directors or other governing body, or by the charter school's Paren t Teacher Organization or its equivalent. (c-5) No later than January 1, 2021 or within the fir st year of his or her first term, every voting member of a ch arter school's board of directors or other governing body shall complete a minimum of 4 hours of professional dev elopment leadership training to ensure that each member has suf ficient familiarity with the board's or governing body's role and responsibilities, including financia l oversight and accountability of the sc hool, evaluating the principal's and school's performance, adherence to the Freedom of Information Act and the Open Meet ings Act, and compliance with education and labor law. In each subsequent year of his or her term, a voting member of a charter school's board of directors or other governing body shall complete a minimum of 2 hours of professional developm ent training in these same areas. The training under this sub section may be provided or certified by a statewide charter school membership association or may be provided or certified b y other qualified providers approved by the State Board. (d) For purposes of this subsection (d), "non- curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maint ain, preserve, or safeguard safe or healthful conditions f or students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and sc hool personnel. "Non-curricular health and safety re quirement" does not include any course of study or s pecialized instructional requirement for which the State Boar d has established goals and learning standards or which is des igned primarily to impart knowledge and skills for students t o master and apply as an outcome of their education. A charter school shall comply with all non-curricular health and safety requirements applicable to pub lic schools under the laws of the State of Illinois. The St ate Board shall promulgate and post on its Internet website a l ist of non-curricular health and safety requirements t hat a charter school must meet. The list shall be updated annua lly no later than September 1. Any c harter contract between a charter school and its authorizer mus t contain a provision that requires the charter school to f ollow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by t he State Board to such list during the term of the charte r. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not co ntained in the list promulgated by the State Board, including n on-curricular health and safety requirements of the autho rizing local school board. (e) Except as otherwise pr ovided in the School Code, a charter school shall not charge tuition; provided that a charter school may charge reasonab le fees for textbooks, instructional materials, and student act ivities. (f) A charter school shall be responsible for the management and operation of its fiscal affai rs, including, but not limited to, the preparation of its budg et. An audit of each charter school's finances shall be c onducted annually by an outside, independent contractor retained by the charter school. The contractor shall n ot be an employee of the charter school or affiliated with the char ter school or its authorizer in any way, other than to audit th e charter school's finances. To ensure financial accountabilit y for the use of public funds, on or before December 1 of ever y year of operation, each charter school shall submit to its authori zer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year wit h the federal Internal Revenue Service. In addition, if deemed necess ary for proper financial oversight of the charter s chool, an authorizer may require quarterly financial st atements from each charter school. (g) A charter school shall comply with all provisions of thi s Article, the Illinois Educational Labor Relations Act, all federa l and State laws and rules applicable to public sc hools that pertain to special education and the instruction of English learners, and its charter. A charter school is exempt fr om all other State laws and regulations in this Code governi ng public schools and local school board policies; howev er, a charter school is not exempt from the following: (1) Sections 10-21.9 and 34-18.5 of this Code regarding criminal history records checks and checks of the Statewide Sex Offender Database and St atewide Murderer and Violent Offender Against Youth Database of applicants for employment; (2) Sections 10-20.14, 10-22.6, 22-10 0, 24-24, 34-19, and 34-84a of this Cod e regarding discipline of students; (3) the Local Governmental and Governmental Employe es Tort Immunity Act;

(4) Section 108.75 of the G eneral Not For Profit Corporation Act of 1986 regarding i ndemnification of officers, directors, employees, and agents ; (5) the Abused and Ne glected Child Reporting Act; (5.5) subsection (b) of Section 10-23.12 and subse ction (b) of Section 34-18.6 of this Code; (6) the Illinois School Student Reco rds Act; (7) Section 10-17a of this Code regardi ng school report cards; (8) t he P-20 Longitudinal Education Data System Act; (9) Section 27-23.7 of this Code regarding bullying prevention; (10) Section 2-3.1 62 of this Code regarding student discipline reporting; (11) Sections 22-80 and 27-8.1 of this Code;

(12) Sections 10-20.60 and 34-18.53 of this Code ; (13) Sectio ns 10-20.63 and 34-18.56 of this Code; (14) Sections 22-90 and 26-18 of this Code; (15) Section 22-30 of this Code; (16) Sections 24-12 and 34-85 of this Code; (17) the Seizure Smart School Act; (18) Section 2-3.64a-10 of this Code;

(19) Sections 10-20.73 and 34-21.9 of this Code; (20) Section 10-22.25b of this Code; (21) Section 27-9.1a of this Code;

(22) Section 27-9.1b of this Code;

(23) Section 34-18.8 o f this Code; (2 4) Article 26A of this Code; (25) Section 2-3.188 o f this Code; (26) Section 22-85.5 of this Code; (27) subsections (d-10), (d-15), and (d-20) of Sect ion 10-20.56 of this Code; (28) Sections 10-20.83 and 34-18.78 of this Code; (29) Section 10-20.13 of this Code; (30) Section 28-19.2 of this Code; (31) Section 34-21.6 of this Code; (32) Section 2 2-85.10 of this Code; (33) Section 2-3.196 of th is Code; (34) Section 22-95 of this Code; (35) Section 34-18.62 of thi s Code; (36) the Illinois Human Rights Act ; and (37) Section 2-3.204 of this C ode. The change made by Public Act 9 6-104 to this subsection (g) is declaratory of existing law. (h) A charter school may negotiate and contract with a school distri ct, the governing body of a State college or university or public community col lege, or any other public or for-profit or nonprofit private entity for: (i) the use of a school building and grounds or any other real property or fac ilities that the charter school desires to use or convert for use as a charter school site, (ii) the operation and maintenance thereof, and (iii) the provi sion of any service, activity, or undertaking that the charter school is req uired to perform in order to carry out the terms of its charter. Except as pro vided in subsection (i) of this Section, a school district may charge a chart er school reasonable rent for the use of the district's buildings, grounds, and facilities. Any services for which a charter school contracts with a sch ool district shall be provided by the district at cost. Any services for wh ich a charter school contracts with a local school board or with the governin g body of a State college or university or public community co llege shall be provided by the public entity at cost. (i) In no event shall a charter schoo l that is established by converting an existing school or attendance center to charter school status be required to pay r ent for space that is deemed available, as negotiated and provided in the charter agreement, in school district facilities. H owever, all other costs for the operation and maintenance of school district facilities that are used by the charter s chool shall be subject to negotiation between the charter sch ool and the local school board and shall be set forth in the charter. (j) A charter school may limit s tudent enrollment by age or grade level. (k) If the charter school is authorized by the State Board, then the charter school is its own local education agency. (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; 102-360, e ff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff. 7-1-25; 102-522, e ff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21 ; 102-697, eff. 4-5-22; 102-702, ef f. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, ef f. 6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; 103-605, e ff. 7-1-24; 103-641, eff. 7-1-24; 103-806, eff. 1-1-25; revised 11-26-24.) (105 ILCS 5/34-18) (from Ch. 122,

par. 34-18) Sec. 34-18. Powers of the board. The board shall exercise general supervision and jurisdiction over the public education and the public school system of the city, and, except as otherwise provi ded by this Article, shall have power: 1. To make suitable provisi on for the establishment and maintenance throughout the year or for such portion thereof as it may direct, not less t han 9 months and in compliance with Section 10-19.05, of schools of all grades and kinds, including normal schools, high schools, night schools, schools for defectives and delinquents, parental and tru ant schools, schools for the blind, the deaf, and persons with physical disabilities, schools or classes in manual tr aining, constructural and vocational teaching, domestic arts, and physical culture, vocation and extensio n schools and lecture courses, and all other educational courses and facilities, inclu ding establishing, equipping, maintaining and operating playgrounds and recreational programs, when such programs are conducte d in, adjacent to, or connected with any public school under the general supervision and jurisdiction of the board; provided that the calendar for the school term and any changes must be submitted to and approved by the State Board of E ducation before the calendar or changes may take effect, and provided that in alloc ating funds from year to year for the operation of all att endance centers within the district, the board shall ens ure that supplemental general State aid or supplemental grant funds are allocated and applied in accordance with Section 18-8, 18-8.05, or 18-8.15. To admit to such schools without charge foreign exchange students who are participants in an organized exchange student program which is authorized by the board. The board shall permit all students to enroll in apprenticeship programs in tra de schools operated by the board, whether those pr ograms are union-sponsored or not. No student s hall be refused admission into or be excluded from any course of instruction offered in the commo n schools by reason of that student's sex. No student shal l be denied equal access to physical education and in terscholastic athletic programs supported from s chool district funds or denied participation in comparable physical education and athletic programs solely by reaso n of the student's sex. Equal access to programs sup ported from school district funds and comparable programs will be defined in rules promulgated by the State Board of Education in consultation with the Illinois High Sc hool Association. Notwithstanding any other provisio n of this Article, neither the board of education nor any local school council or other school official shall recommend that c hildren with disabilities be placed into regular educa tion classrooms unless those children with disabilities are provided with supplementary services to assist th em so that they benefit from the regular clas sroom instruction and are included on the teacher's regul ar education class register;

2. To furnish lunches to pupils, to make a reasonable char ge therefor, and to use school funds for the payment of such expenses as the board may determine are necessary in conducting the school lunch program; 3. To co-operate with th e circuit court; 4 . To make arrangements with the public or quasi-publ ic libraries and museums for the use of their facilities by teachers and pupils of the public schools; 5. To employ dentists and pre scribe their duties for the purpose of treating the pupi ls in the schools, but accepting such treatment shall be optional with parents or guardians; 6. To grant the use of assembly halls a nd classrooms when not otherwise needed, including ligh t, heat, and attendants, for free public lecture s, concerts, and other educational and social interests, free of charge, under such provisions and control as the principal of the affected attendance center may p rescribe; 7. To apportion th e pupils to the several schools; provided that no pupil shal l be excluded from or segregated in any such school on ac count of his color, race, sex, or nationality. The board s hall take into consideration the prevention of segregation and the el imination of separation of children in public schools because of color, race, sex, or nationality. Except that children may be comm itted to or attend parental and social adjustment schools esta blished and maintained either for boys or girls only. All records pertaining to the cr eation, alteration or revision of attendance areas shall be open to the public. Nothing herein shall limit the boa rd's authority to establish multi-area attendance cen ters or other student assignment systems for desegregation purposes or otherwise, and to apportion the pupils to the several schools. Furthermore, beginn ing in school year 1994-95, pursuant to a board plan adopted by October 1, 1993, the board shall offer, comm encing on a phased-in basis, the opportunity f or families within the school district to apply for enrollment of their children in any attendance center within the school dist rict which does not have selective admission requ irements approved by the board. The appropriate geograp hical area in which such open enrollment may be exerc ised shall be determined by the board of education. Such children may be admitted to any such attendance cen ter on a space available basis after all children residin g within such attendance center's area have been accommodat ed. If the number of applicants from outside the attendan ce area exceed the space available, then successfu l applicants shall be selected by lottery. The board of edu cation's open enrollment plan must include provisions that allow low-income students to have access to tran sportation needed to exercise school choice. Ope n enrollment shall be in compliance with the provisions of the Consent Decree and Desegregation Plan cited in Secti on 34-1.01; 8. To appr ove programs and policies for providing transportation s ervices to students. Nothing herein shall be construed to permi t or empower the State Board of Education to order, mandat e, or require busing or other transportation of pupils for the purpose of achieving racial balance in any school; 9. Subject to the limitatio ns in this Article, to establish and approve system-wide curriculum objectives and standards, including gra duation standards, which reflect the multi-cultu ral diversity in the city and are consistent with S tate law, provided that for all purposes of this Articl e courses or proficiency in American Sign Language shal l be deemed to constitute courses or proficiency in a foreign language; and to employ principals and tea chers, appointed as provided in this Article, and f ix their compensation. The board shall prepare such reports related to minimal competency testing as may be requested by the State Board of Education and, in addition, shall monitor and approve special education and bilingual education programs and policies within the district to ensure that appropriate services are provided in accordance with applicable State and feder al laws to children requiring services and education in those areas; 10. T o employ non-teaching personnel or utilize volun teer personnel for: (i) non-teaching duties not requi ring instructional judgment or evaluation of pupils, inc luding library duties; and (ii) supervising study halls, long distance teaching reception areas used incident to in structional programs transmitted by electronic media such as co mputers, video, and audio, detention and discipline areas, and school-sponsored extracurricular activities. The board may further utilize volunteer nonlicense d personnel or employ nonlicensed personnel to as sist in the instruction of pupils under the immediate s upervision of a teacher holding a valid educator lice nse, directly engaged in teaching subject matter or conduct ing activities; provided that the teacher shall be continuou sly aware of the nonlicensed persons' activities and shall be able to control or modify them. The general super intendent shall determine qualifications of such personnel and shall prescribe rules for determining the duties an d activities to be assigned to such personnel; 10.5. To utilize volunteer personnel from a regional School Crisi s Assistance Team (S.C.A.T.), created as part of the Safe t o Learn Program established pursuant to Section 25 of the Illinois Violence Prevention Act of 1995, to provide assistance to schools in times of violence or other traumatic incidents within a school community by providing crisis intervention services to lessen the e ffects of emotional trauma on individuals and the community ; the School Crisis Assistance Team Steering Committee sha ll determine the qualifications for volunteers;

11. To provide television stud io facilities in not to exceed one school building and to provide programs for educational purposes, provi ded, however, that the board shall not construct, acquire, operate, or maintain a television transmitter; to grant the use of its studio facilities to a licensed televisio n station located in the school district; and to maintain and operate not to exceed one school radio trans mitting station and provide programs for educational pur poses; 12. To offer, if deemed appropriate, outdoor education courses , including field trips within the State of Illinois, or a djacent states, and to use school educational funds f or the expense of the said outdoor educational program s, whether within the school district or not; 13. During that period o f the calendar year not embraced within the regular sch ool term, to provide and conduct courses in subject matter s normally embraced in the program of the schools during t he regular school term and to give regular school credit for satisfactory completion by th e student of such courses as may be approved for credit by t he State Board of Education; 14. To insure against any loss or liability of the board, the former School Board Nominating Commiss ion, Local School Councils, the Chicago Schools Academi c Accountability Council, or the former Subdistrict Council s or of any member, officer, agent, or employee thereof, re sulting from alleged violations of civil rights arising fro m incidents occurring on or after September 5, 1967 or from the wrongful or negligent act or omission of any such pe rson whether occurring within or without the school premises, provided the officer, agent, or emplo yee was, at the time of the alleged violation of civil rights or wrongful act or omission, acting within the sc ope of his or her employment or under direction of the board, the former School Board Nomin ating Commission, the Chicago Schools Academic Accountab ility Council, Local School Councils, or the former Subd istrict Councils; and to provide for or participate in ins urance plans for its officers and employees, includ ing, but not limited to, retirement annuities, medic al, surgical and hospitalization benefits in such types and amounts as may be dete rmined by the board; provided, however, that the board sh all contract for such insurance only with an insurance company authorized to do business in this State. Su ch insurance may include provision for employees who rely o n treatment by prayer or spiritual means alone for heal ing, in accordance with the tenets and practice of a recog nized religious denomination; 15. To contract with the corporate authorities of an y municipality or the county board of any county, as t he case may be, to provide for the regulation of traffic in parking areas of property used for school purposes, in such manner as is provided by Section 11-209 of the Illinois Vehicle Code; 16. (a) To provide, on an equal basis, access to a high school campus and student directory informatio n to the official recruiting representatives of the a rmed forces of Illinois and the United States for the purposes of informing students of the educational and c areer opportunities available in the militar y if the board has provided such access to persons or grou ps whose purpose is to acquaint students with educationa l or occupational opportunities available to them. Th e board is not required to give greater notice regarding th e right of access to recruiting representatives than is given to other persons and groups. In this paragraph 16, "directory information" means a high school student's na me, address, and telephone number.

(b) If a student or his or her parent or guardian subm its a signed, written request to the high school before the end of the student's sophomore year (or if the stude nt is a transfer student, by another time set by the hi gh school) that indicates that the student or his or her p arent or guardian does not want the student's direct ory information to be provided to official recruiting represen tatives under subsection (a) of this Section, the high school may not provide access to the student's directory in formation to these recruiting representatives. The high school shall notify its students and their p arents or guardians of the provisions of this subsection (b). (c) A high school m ay require official recruiting representatives of the armed forces of Illinois and the United States to pay a fee for copying and mailing a student's directory informati on in an amount that is not more than the actual costs inc urred by the high school. (d) Information received by an official recruiting repre sentative under this Section may be u sed only to provide information to students concerning e ducational and career opportunities available in the military and may not be released to a person who is not in volved in recruiting students for the armed forces of Illi nois or the United States; 17. (a) To sell or market any computer program develop ed by an employee of the school district, provided that such employee developed the computer program as a di rect result of his or her duties with the school dis trict or through the utilization of school district resourc es or facilities. The employee who developed the com puter program shall be entitled to share in the proceeds o f such sale or marketing of the co mputer program. The distribution of such proceeds betwee n the employee and the school district shall be as agree d upon by the employee and the school district, excep t that neither the employee nor the school district may r eceive more than 90% of such proceeds. The negotiation for an employee who is represe nted by an exclusive bargaining representative may be con ducted by such bargaining representative at the employ ee's request. (b) For th e purpose of this paragraph 17: (1) "Computer" means an internally programmed, gen eral purpose digital device capable of automatically acc epting data, processing data and supp lying the results of the operation. (2) "Computer program" means a series of coded instructions or statements in a form acceptable to a computer, which causes the computer to process data in order to achieve a certain result. (3) "Proceeds" means profits der ived from the marketing or sale of a product after deducting the expenses of developing and marketing such product; 18. To delegate to the general superintendent of schools, by re solution, the authority to approve contracts and expe nditures in amounts of $35,000 or less; 19. Upon the written request of an em ployee, to withhold from the compensation of that emplo yee any dues, payments, or contributions payable by such employee to any labor organization as defined in the Illinois Edu cational Labor Relations Act. Under such arrangement, an amount shall be with held from each regular payroll period which is equal to the p ro rata share of the annual dues plus any payments or cont ributions, and the board shall transmit such withholdin gs to the specified labor organization w ithin 10 working days from the time of the withholdin g; 19a. Upon recei pt of notice from the comptroller of a municipality wit h a population of 500,000 or more, a county with a population of 3,000,000 or more, the Cook County Forest Preserve District, the Chicago Park District, the Metropolit an Water Reclamation District, the Chicago Transit Authority, or a housing autho rity of a municipality with a population of 500,000 or more that a debt is due and owing the municipality, the cou nty, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, or the housing authority by an employee of the Chicago Board of Education, to withhold, from the c ompensation of that employee, the amount of the debt that is due and owing and pay the amount withheld to the mun icipality, the county, the Cook County Forest Preserve Di strict, the Chicago Park District, the Metropolitan Water R eclamation District, the Chicago Transit Authority, or t he housing authority; provided, however, that the amou nt deducted from any one salary or wage payment shall not exceed 25% of the net amount of the payment. Before the Board deducts any amount from an y salary or wage of an employee under this paragraph, the municipality, the county, the Cook County Forest Pr eserve District, the Chicago Park District, the Me tropolitan Water Reclamation District, the Chicago Transit Authority, or the housing authority shall certify that (i) the employee has been afforded an opportunity for a h earing to dispute the debt that is due and owing the mun icipality, the county, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, or t he housing authority and (ii) the employee has received n otice of a wage deduction order and has been afforded an o pportunity for a hearing to object to the order. For purpo ses of this paragraph, "net amount" means that part o f the salary or wage payment remaining after the d eduction of any amounts required by law to be deducte d and "debt due and owing" means (i) a specified sum of money owed to the municipality, the county, the Cook Cou nty Forest Preserve District, the Chicago Park District, th e Metropolitan Water Reclamation District, the Chicago Transit Authority, or the housing authority for service s, work, or goods, after the period granted for payment ha s expired, or (ii) a specified sum of money owed to th e municipality, the county, the Cook County Forest Preserve District, the Chicago Park District, the Metropolit an Water Reclamation District, the Chicago Transit Authorit y, or the housing authority pursuant to a court order or order of an administrative hearing officer after the exhau stion of, or the failure to exhaust, judicial review; 20. The board is encourag ed to employ a sufficient number of licensed school couns elors to maintain a student/counselor ratio of 250 to 1. E ach counselor shall spend at least 75% of his work time in direct contact with students and shall maintain a record of such time; 21. To ma ke available to students vocational and career counselin g and to establish 5 special career counseling days for students and parents. On these days representativ es of local businesses and industries shall be invited to the school campus and shall inform students of career o pportunities available to them in the various businesse s and industries. Special consideration shall be given to counseling minority students as to career opportunities available to them in various fields. For the purposes of this paragraph, minority student means a person who is any of the following: (a) American Indian or Alaska Native (a person ha ving origins in any of the original peoples of North and So uth America, including Central America, and who maintains tribal affil iation or community attachment). (b) Asian (a person having origins in an y of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Island s, Thailand, and Vietnam). (c) Black or African American (a person havin g origins in any of the black racial groups of Africa). (d) Hispanic or Latino (a person of Cuban, Mexican, Puerto Rican, South or Centr al American, or other Spanish culture or origin, regardle ss of race). (e) Native Hawaiian or Other Pacific Islander (a person havin g origins in any of the original peoples of Hawaii, Guam, S amoa, or other Pacific Islands). Counseling days shall not be in lieu of regular sc hool days; 22. To report to the State Board of Education the annual student dropout rate and number of students who graduate from, transf er from, or otherwise leave bilingual programs; 23. Except as otherwise provided in the Abused and Neglected Child Reporting Act or other applicable St ate or federal law, to permit school officials to wi thhold, from any person, information on the whereabouts of any child removed from school premises when the child has been taken into pr otective custody as a victim of suspected child abuse. School officials shall direct such person to the Department of Children and Famil y Services or to the local law enforcement agency, if appr opriate; 24. To develop a policy, based on the current state of existing school facilities, projected enrollment, and efficient utilization of avai lable resources, for capital improvement of schools and school buildings within the district, addressing in that policy both the rela tive priority for major repairs, renovations, and additions t o school facilities and the advisab ility or necessity of building new school facilities or closing existing schools to meet current or projected d emographic patterns within the district; 25. To make available to the students in every high school attendance center th e ability to take all courses necessary to comply with the Board of Higher Education's college entrance criteria effe ctive in 1993; 26. To encourage mid-career changes into the teaching profe ssion, whereby qualified professionals become licensed teachers, by allowing credit for professional employment in related fields when determining point of entry on the t eacher pay scale; 27. To provide o r contract out training programs for administrative personnel and principals with revised or expanded duties pursua nt to this Code in order to ensure they have the knowledge and skills to perform their duties; 28. To establish a fund for the prior itized special needs programs, and to allocate such funds and other lump sum amounts to each attendance center in a manner consistent with the provisions of part 4 of Secti on 34-2.3. Nothing in this paragraph shall be const rued to require any additional appropriatio ns of State funds for this purpose; 29. (Blank); 30. Notwithstanding any other provision of this Act o r any other law to the contrary, to contract with third parties for servic es otherwise performed by employees, including those in a bargaini ng unit, and to lay off layoff those employees upon 14 days' days written notice to the affected employees. Those contracts may be for a period not to exceed 5 years and may be awarded on a sys tem-wide basis. The board may not operate more tha n 30 contract schools, provided that the board may operat e an additional 5 contract turnaround schools pursua nt to item (5.5) of subsection (d) of Section 34-8.3 of this Code, and the governing bodi es of contract schools are subject to the Freedom of Infor mation Act and Open Meetings Act; 31. To promulgate rules establish ing procedures governing the layoff or reduction in force of e mployees and the recall of such employees, including, but not limited to, criteria for such layoffs, reductions in force or recall rights of such em ployees and the weight to be given to any particular criterio n. Such criteria shall take into account factors, incl uding, but not limited to, qualifications, certificatio ns, experience, performance ratings or evaluations, and any other factors relating t o an employee's job performance; 32. To develop a policy to prevent nepotism in the hiring of personnel or the selection of contractors ; 33. (Blank); and

34. To establish a Labor Man agement Council to the board comprised of representatives of the board, the chief executive officer, and those labo r organizations that are the exclusive representatives of empl oyees of the board and to promulgate policies and procedu res for the operation of the Council. The specifications of the powe rs herein granted are not to be construed as exclusive , but the board shall also exercise all other powers tha t may be requisite or proper for the maintenance and the development of a public school system, not inconsistent with the other provisions of this Article or provisions of this Code which apply to all school districts. In addition to the powers herein granted and authorized to be exercised by the board, it shall be th e duty of the board to review or to direct independent rev iews of special education expenditures and services. The boa rd shall file a report of such review with the General As sembly on or before May 1, 1990.(Source: P.A. 102-465, eff. 1 -1-22; 102-558, eff. 8-20-21; 102-894, eff. 5-20-22; 103-8, eff. 1-1-24; revised 7-17-24.)

(1

05 ILCS 5/34-18.68) Sec. 34-18.68. Chicago Board o f Education Non-Citizen Advisory Board. (a) The Chicago Board of Education Non-Citizen Diversity Advisory Board is created to provide non-citiz en students with maximum opportunity for success during th eir elementary and secondary education experience. (b) The Ch icago Board of Education Non-Citizen Advisory Board i s composed of individuals appointed by the Mayor to advise the C hicago Board of Education on, but not limi ted to, the following issues: (1) Appropriate ways to create an equitable and inclus ive learning environment for non-citizen students; (2) Strengthening student, parent, and guardian privacy and confidentiality in school-related issues; (3) Establishing appropr iate communication methods between the district and non-citizen students to maxim ize interactions between the student's school, parents, and guardians; (4) Ensuring principals and other distri ct leaders learn and disseminate information on resources available to non-citizen students and their families; (5) Developing appropri ate methods by which non-citizen students are encourag ed and supported to continue their education at an institution of higher education; and (6) Providing the perspective of non-citiz en families and students who are affected by Board actions, governance, policies, and procedures.(Source: P.A. 102-177, eff. 6-1-22; revised 10-23-24.)

(105 ILCS 5/34-18.85) Sec. 34-18.85. Chicago Board of Education Black Student Achievemen t Committee. (a) The C hicago Board of Education Black Student Achievement Committee is created to be a standing committee of the Board with th e purpose of providing Black students wi th the maximum opportunity for success in areas where res earch shows that there has been chronic underperformance of African American students during their elementary and secondary education ex perience. (b) The Chicago Board of Education Black Student Achievement Committee shall be c haired by a member of the Board and shall be composed of individuals appointed by the President o f the Board to help the Board shape educational policies and to: (1) develop st rategies and recommendations for Black student achie vement and opportunity; (2) use data to conduct an evidence-based needs assessment to better unders tand needs and establish a baseline for Black student achievement; (3) develop a strategic management plan to identify goals, objectives, and o utcomes designed to bring about academic parity between Bl ack children and their peers; (4) identify and track metrics and key performa nce indicators that demonstrate positive movement toward ach ieving the goals and objectives outlined in the strategic ma nagement plan; and (5) prep are and provide regular progress reports to the Board an d the public. (c) The Committee's membership shall be diverse in terms of skills and geography. (Source: P.A. 103 -584, eff. 3-18-24.) (105 ILCS 5/34-18.8

7) Sec. 34-18.87 34-18.85. Automated external defibrillator; attendance centers and ext racurricular activities.

(a) As used in this Section, "automated external defibrillator" has the meaning provided in the Automated External Defibr illator Act. (b) The school district s hall require all attendance centers to have present during the school day and during a school-sponsored extracurricular activity on scho ol grounds at least one automated external defibrilla tor. (c) An automated external d efibrillator installed and maintained in accordance with the Physical Fitness Facility Medical Emergency Preparedness Act may be used to satisfy the requirements o f this Section.(Source: P.A. 103-101 9, eff. 1-1-25; revised 12-3-24.) (105 ILCS 5/34-22.6) (from Ch. 122, par. 34-22.6) Sec. 34-22.6. Issuance of bonds. For the purpose of erecting, purchasing, or oth erwise acquiring buildings suitable for school houses, erecting temporary school struc tures, erecting additions to, repairing, rehabili tating, modernizing and replacing existing school buildin gs and temporary school structures, and furnis hing and equipping school buildings and temporary sch ool structures, and purchasing or otherwise acquiring and i mproving sites for such purposes, the board may incur an indebtedness and issue bonds therefor in an amount or amounts not to exceed in the aggregate $150,000,000 in addition to the bond s authorized under Sections 34-22.1, 34-22.2, 34 -22.3, 34-22.4, 34-22.5, and 34-22.7. Bonds authorized under th is Section may also be issued for the purposes of paying interest on such bonds, establishing reserves to secure such bonds and paying the c osts of issuance of such bonds. In connection with the issuance of its bonds, the board may enter into arrangements to provide add itional security and liquidity for the bonds. These may include, without limitation, municipal bond insurance, letters of credit, lines of credit by which the board may borrow funds to pay or redeem its bonds, and purchase or remarketing arrangements for assurin g the ability of owners of the board's bonds to sell or to have redeemed their bonds. The board may enter into con tracts and may agree to pay fees to persons providing such arrangements, including from bond proceeds but only under circumstances in which the total interest paid or to be paid o n the bonds, together with the fees for the arrangements (being treated as if interest), would not, taken together, cau se the bonds to bear interest, calculated to their absolute maturity, at a rate in excess of the maximum ra te allowed by law. The resolution of the boar d authorizing the issuance of its bonds may provide that i nterest rates may vary from time to time depending upon cr iteria established by the board, which may include, with out limitation, a variation in interest rates as may be neces sary to cause bonds to be remarketable from time to time at a price equal to their principal amount, and may provi de for appointment of a national banking association, bank, trust company, investment banker, or other financial institutio n to serve as a remarketing agent in that connection. The resol ution of the board authorizing the issuance of its bonds may p rovide that alternative interest rates or provisions will apply during such times as the bonds are held by a person provi ding a letter of credit or other credit enhancement arran gement for those bonds. The Board may use proceeds of the sa le of bonds authorized under this Section to pay the cost of obtaining such municipal bond insurance, letter of credit, or other credit facilities. Bonds may also be issued under this Section to pay the cost of re funding any bonds issued under this Section, including p rior to their maturity. The bonds shall bear interest at a rate or rates not to exceed the maximum annual rate provided for i n Section 2 of the Bond Authorization Act "An Act to authorize public corporations to issue bond s, other evidences of indebtedness and tax anticipation warr ants subject to interest rate limitations set forth therein ", approved May 26, 1970, as now or hereafter amended, and, if issued at such maximum annual rate, shall be sold for not less than par and accrued interest. If any of the bonds are issued to bear interest at a rate of less than such maximum annual rate the minimum price at which they may be sold shall be such that the interest cost to the board on the proceeds of the bonds sh all not exceed such maximum annual rate computed to stat ed maturity according to standard tables of bond values. Whenever the board desires to issue bonds as authorized in this Section, it shall adopt a resolution designating the purp ose for which the proceeds of the bonds are to be expended and fixing the amount of the bonds proposed to be issued, the matu rity or maturities thereof, and optional provisions, if any, the rate of interest thereon, and the amount of taxes to be levied annually for the purpose of paying the interest upon and the principal, whether due at maturity or upon sinking fund installment dates, of suc h bonds. Said bonds shall be issued in the co rporate name of the school district. They shall be signed by the president and secretary of said board and countersigned by the mayor and the comptroller (or city clerk if there be no comptroller) of the city. They shall be sold by the city comptroller (or city clerk if there be no comptroller) upon such terms as may be approved by the board after advertise ment for bids as ordered by and under the direction of the bo ard, and the proceeds thereof shall be received by the city t reasurer, as school treasurer, and expended by the board for the purposes provided in the bond resolution. Before or at the time of issuing any bonds authorized in this Section, the board shall provide for the le vy and collection of a direct annual tax upon all the taxable property of such school district sufficient to pay and disch arge the principal thereof at maturity, or upon sinking fund i nstallment dates, and to pay the interest thereon as it falls d ue. Such tax shall be levied and collected in like manner w ith the other taxes of such school district and shall be in addition to and exclusive of the maximum of all other taxes which such board is now, or may hereafter be, author ized by law to levy for any and all school purposes. Upon the f iling in the office of the county clerk of the county wherein such school district is located of a duly certified copy of any such ordinance, it shall be the duty of such county clerk to ex tend the tax therein provided for, including an amount to co ver loss and cost of collecting said taxes and also deferre d collections thereof and abatements in the amounts of such ta xes as extended upon the collector's books. The ordinance shall be in force upon its passage.(Source: P.A. 85-1418; 86-1477; revised 7-17-24.) (105 ILCS 5/34-22.

10) (from Ch. 122, par. 34-22

.10) Sec. 34-22.10. Issuance of bonds. For the sole purpose of purchasing o r otherwise acquiring school buildings and related property an d facilities for an agricultural science school pursuant to an agreement entered into pursuant to subparagraph (7) of Secti on 34-21.1, the board may incur an indebtedness and issue bonds therefor in an amount or amounts not to exceed in the a ggregate $20,000,000 in addition to the bonds authorized under S ections 34-22.1, 34-22.2, 34-22.3, 34-2 2.4, 34-22.5, 34-22.6, and 3 4-22.7. Bonds authorized under this Section may als o be issued for the purposes of paying interest on such bo nds, establishing reserves to secure such bonds and paying t he costs of issuance of such bonds. In connection with the issuance of its bonds, the board may enter into arrangements to provide additional security and liquid ity for the bonds. These may include, without limitation, municipal bond insurance, letters of credit, lines of credit by which the board may borrow funds to pay or redeem its bonds, and purchase or remarketing arrangements for a ssuring the ability of owners of the board's bonds to sell or t o have redeemed their bonds. The board may enter into contr acts and may agree to pay fees to persons providing such arrang ements, including from bond proceeds but only under circumstances in which the total interest paid or to be paid on the bonds, to gether with the fees for the arrangements (being treat ed as if interest), would not, taken together, cause the bonds to bear interest, calcu lated to their absolute maturity, at a rate in excess of the maximum rate allowed by law.

The Board may use proceeds of the sale of bonds aut horized under this Section to pay the cost of obtaining such m unicipal bond insurance, letter of credit, or other credit facilities. Bonds may also be issued und er this Section to pay the cost of refunding any bonds issued u nder this Section, including prior to their maturity . The bonds shall bear interest at a rate or rates not to excee d the maximum annual rate provided for in Section 2 of the Bond Authorization Act "An Act to authorize publ ic corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as now or hereafter amended, and, if issued at such maximum annual rate, shal l be sold for not less than par and accrued interest. If any o f the bonds are issued to bear interest at a rate of less than such maximum annual rate the minimum price at which they may b e sold shall be such that the interest cost to the board on the proceeds o f the bonds shall not exceed such maximum annual rate compu ted to stated maturity according to standard tables of bond val ues. The resolution of the board authorizing the issuance of its bonds may provid e that interest rates may vary from time to time depending upon criteria established by the board, which may include, without limitation, a variation in interest rates as may be necessary to cause bonds to be remarketable from time to time at a pri ce equal to their principal amount, and may provide for appointment of a national banking as sociation, bank, trust company, investment banker, or other financial institution to serve as a rem arketing agent in that connection. The resolution of the board authorizing the issuance of its bonds may provide that alternative interest rates or prov isions will apply during such times as the bonds are held by a person providing a letter of credit or other credit enhancement arrangement for those bonds. Whenever the board desires to iss ue bonds as authorized in this Section, it shall adopt a resolu tion designating the purpose for which the proceeds of the bo nds are to be expended and fixing the amount of the bonds pro posed to be issued, the maturity or maturities thereof, and optional provisions, if any, the rate of interest there on, and the amount of taxes to be levied annually for the purpose of paying the interest upon and the principal, whethe r due at maturity or upon sinking fund installment dates, of s uch bonds. Said bonds shall be issued in the corporate name of the school district. They shall be signed by the president and secretary of said board. They s hall be sold upon such terms as may be approved by the board after advertisement for bids as ordered by and under the direction of the board, and the proceeds thereof shall be received by the city treasurer, as school treasurer, and expended by the board for the purposes provided in the bond resolution.

Before or at the time of issuing any bonds authoriz ed in this Section, the board shall, by resolut ion, provide for the levy and collection of a direct annual tax upon all the taxable property of such school district sufficient to pay and discharge the principal thereof at matur ity, or upon sinking fund installment dates, and to pay the in terest thereon as it falls due. Such tax shall be levied and collected in like manner with the other taxes of such school district and shall be in addition to and exclusive of the maxim um of all other taxes which such board is now, or may herea fter be, authorized by law to levy for any and all school purposes. Upon the filing in the office of the county c lerk of the county wherein such school district is located of a duly certified copy of any such resolution, it shall be th e duty of such county clerk to extend the tax therein provide d for, including an amount to cover loss and cost of coll ecting said taxes and also deferred collections thereof and a batements in the amounts of such taxes as extended upon the c ollector's books. The resolution shall be in force upon its passage.(Source: P.A. 86-93 0; revised 7-17-24.) (105 ILCS 5/34A-502) (from Ch. 122, par. 34A-502) Sec. 34A-502. Terms of Bonds. (a) Whenever the Authority desires or is re quired to issue Bonds as provided in this Article, it shall ad opt a resolution designating the amount of the Bonds to be i ssued, the purposes for which the proceeds of the Bonds are to be used and the manner in which such proceeds shall be held pend ing the application thereof. The Bonds shall be issued in the corporate name of the Authority, shall bear such date or dates, and shall mature at such time or times not exceeding 30 years f rom their date as such resolution may provide; provided, ho wever, that Bonds issued on or after July 1, 1993 shall m ature on or before June 1, 2009. The Bonds may be issued a s serial bonds payable in installments or as term bonds with sinking fund installments or as a combination ther eof as the Authority may determine in such resolution. The Bonds shall be in such denominations of $1,000 or inte gral multiples thereof. The Bonds shall be in such form, either coupon or registered, carry such registration privileges, be execu ted in such manner, be payable at such place or places, and be subject to such ter ms of redemption at such redemption prices, including premi um, as such resolution may provide. The Bonds shall be sold by the Authority at public sale. The Bonds shall be sold to the hi ghest and best bidders upon sealed bids. The Authority shal l, from time to time as Bonds are to be sold, advertise in at least 2 daily newspapers, one of which is publis hed in the City of Springfield and one in the City of Chi cago, for proposals to purchase Bonds. Each of such advertiseme nts for proposals shall be published at least 10 ten days prior to the d ate of the opening of the bids. The Authority may reserve the ri ght to reject any and all bids. (b) Bonds is sued prior to December 31, 1980 shall bear interest at such r ate or rates and at such price or prices as the Authority may a pprove in the resolution authorizing the issuance of Bonds. Bon ds issued after December 31, 1980 shall bear interest at a rat e or rates not to exceed the maximum annual rate provide d for in Section 2 of the Bond Authorization Act " An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subj ect to interest rate limitations set forth therein", approved May 26, 1970, as amended, and, if issued at such maximum annual rate, shall be sold for not less than par and accrued int erest. If any of the Bonds are issued to bear interest at a rate of less than such maximum annual rate the minimum price at which they may be sold shall be such that the interest cost to the Authority on th e proceeds of the Bonds shall not exceed such maximum annual rate comput ed to stated maturity according to standard tables of bond values. (c) In connection with the issuance of its Bonds , the Authority may enter into arrangements to provide additio nal security and liquidity for the Bonds. These may include, without limitation, municipal bond insurance, letters of cred it, lines of credit by which the Authority may borrow funds to pay or redeem its Bonds, and purchas e or remarketing arrangements for assuring the ability of owners of the Authority's Bonds to sell or to have redeemed their Bonds. The Au thority may enter into contracts and may agree to pay fees to p ersons providing such arrangements, including from Bond proceeds but only under circumstanc es in which the total interest paid or to be paid on the Bonds, together with the fees for the arrangements (being treated as if interest), woul d not, taken together, cause the Bonds to bear interest, cal culated to their absolute maturity, at a rate in excess of the maximum rate allowed by law. The resolution o f the Authority authorizing the issuance of its Bonds may pr ovide that interest rates may vary from time to time depending upon criteria es tablished by the Authority, which may include, without limitation, a variation in interest rates as may be necessa ry to cause Bonds to be remarketable from time to time at a price equal to their principal amount, and may provide for appointment of a national banking association, bank, trust company, investment banker, or other financial instituti on to serve as a remarketing agent in that connection. The resolution of the Authority authorizing the issuance of its Bonds may provide that alternative interest rates or provisions will apply during such times as the Bonds are held by a person providing a letter of credit or other credit enhan cement arrangement for those Bonds.(Source: P .A. 88-511; revised 7-17-24.) Section 620. The Critical Health Problems and Compreh ensive Health Education Act is amended by changing Sectio n 3 as follows: (105 ILCS 110/3) Sec. 3. Comprehensive Health Education Program . (a) The program establis hed under this Act shall include, but not be limited t o, the following major educational areas as a basis for curricula in all elementa ry and secondary schools in this State: human ecology and heal th; human growth and development; the emotional, psychologic al, physiological, hygienic, and social responsibilities of family life, including sexual abstinence until marriage; the p revention and control of disease, including instruction in grades 6 through 12 on the prevention, transmission, and sprea d of AIDS; age-appropriate sexual abuse and assault awareness and prevention education in grades pre-kindergarten through 12; public and environmental health; consumer health; safety education and disaster preparedness; men tal health and illness; personal health habits; alcohol an d drug use and abuse, including the use and abuse of fentanyl, and the medical and legal ramifications o f alcohol, drug, and tobacco use; abuse during pregnancy; evidence-bas ed and medically accurate information regarding sexual abstinence; tobacco and e-cigarettes and other vapor devices; nutrition; and dental health. The instruction on mental health and illness must evaluate the multiple dimensi ons of health by reviewing the relationship between physi cal and mental health to enhance student understanding, attitu des, and behaviors that promote health, well-being, and human dignity and must include how and where to find m ental health resources and specialized treatment in the State. The program shall also provide course material and instruction to advise pupils of the Abandoned Newborn Infant Protec tion Act. The program shall include information about cancer, including, without limitation, types of cancer, signs and symptom s, risk factors, the importance of early prevention and d etection, and information on where to go for help. Notw ithstanding the above educational areas, the following are as may also be included as a basis for curricula in all elementary and secondary schools in this State: basic first ai d (including, but not limited to, cardiopulmonary resuscitation and the Heimlich maneuver), heart disease, diabetes, stroke, t he prevention of child abuse, neglect, and suicide, and teen datin g violence in grades 7 through 12. Beginning with the 2014 -2015 school year, training on how to properly adminis ter cardiopulmonary resuscitation (which training must be i n accordance with standards of the American Red Cross, the Am erican Heart Association, or another nationally recognized certifying organization) and how to use an automated external de fibrillator shall be included as a basis for curricula in all secondary schools in this State. (b) Beg inning with the 2024-2025 school year in grades 9 t hrough 12, the program shall include instruction, study, and di scussion on the dangers of allergies. Information for the instr uction, study, and discussion shall come from information provi ded by the Department of Public Health and the federal Cent ers for Disease Control and Prevention. This instruction, stud y, and discussion shall include, at a minimum: (1) recognizing the signs and symptom s of an allergic reaction, including anaphylaxis; (2) the steps to take to prevent e xposure to allergens; and (3) safe emergency epinephrine administration. (c) No later than 30 days after the first day of each s chool year, the school board of each public elementary and sec ondary school in the State shall provide all teachers, administrators, and other school personnel, as determined by school officials, with information regarding emergency proc edures and life-saving techniques, including, without limitation, the Hei mlich maneuver, hands-only cardiopulmonary resuscitation, and use of the school district's automated external defibrill ator. The information shall be in accordance with standards of the American Red Cross, the American Heart Association, or a nother nationally recognized certifying organization. A scho ol board may use the services of non-governmental entiti es whose personnel have expertise in life-saving techniques to instruct te achers, administrators, and other school personnel in these techniques. Each school board is encouraged to have in its emp loy, or on its volunteer staff, at least one person who is certified, by the American Red Cross or by another qualified certifying agency, as qualified to administer f irst aid and cardiopulmonary resuscitation. In additio n, each school board is authorized to allocate appropriate p ortions of its institute or inservice days to conduct trai ning programs for teachers and other school personnel who hav e expressed an interest in becoming certified to admini ster emergency first aid or cardiopulmonary resuscitation. Schoo l boards are urged to encourage their teachers and other school pers onnel who coach school athletic programs and other extracu rricular school activities to acquire, develop, and maintain th e knowledge and skills necessary to properly administer first aid and cardiopulmonary resuscitation in accordance with standards and requirements established by the Americ an Red Cross or another qualified certifying agency. Subject to ap propriation, the State Board of Education shall establish and admin ister a matching grant program to pay for half of the cost t hat a school district incurs in training those teachers and oth er school personnel who express an interest in becoming quali fied to administer first aid or cardiopulmonary resuscit ation (which training must be in accordance with stand ards of the American Red Cross, the American Heart Association, or another nationally recognized certifying organization). A school district that applies for a grant must demonstra te that it has funds to pay half of the cost of the training for which matching grant money is sought. The State Board of E ducation shall award the grants on a first-come, fir st-serve basis. (d) No pupil shall be required to take or participate in any class or course on AIDS or family life instruction or to receive trainin g on how to properly administer cardiopulmonary resuscitation o r how to use an automated external defibrillator if his or h er parent or guardian submits written objection thereto, an d refusal to take or participate in the course or program or the training shall not be reason for suspension or expulsion of the pupil. (e) Curricula developed und er programs established in accordance with this Act in the ma jor educational area of alcohol and drug use and abuse shall include classroom instruction in grades 5 through 12, shal l be age and developmentally appropriate, and may include the information contained in the Substance Use Prevention an d Recovery Instruction Resource Guide under Section 22-81 of the School Code, as applicable. The instruction, which shall include matters relating to both the physical and legal ef fects and ramifications of drug and substance abuse, shall be i ntegrated into existing curricula; and the State Board of Education shall determine how to develop and make available to all elementary and secondary schools in this State instructional materials and guidelines that will assist the schools in incor porating the instruction into their existing curri cula. In addition, school districts may offer, as part of exist ing curricula during the school day or as part of an after-school program, support services and instruction for p upils or pupils whose parent, parents, or guardians are chemically dependent. Beginning with the 2024-2025 school year, the program shall includ e instruction, study, and discussion on the dangers of fentanyl in grades 6 through 12. Information for the instruction, study, and discussion on the dangers of fentanyl shall be age and developmentally appropriate and may i nclude information contained in the Substance Use Prevention and Re covery Instruction Resource Guide under Section 22-8 1 of the School Code, as applicable. The instruction, study, and discussion on the dangers of fentanyl in grades 9 through 12 shall include, at a minimum, all of the following: (1) Information on fentany l itself, including an explanation of the differences between synthetic and nonsynthetic opioids and illicit drugs, th e variations of fentanyl itself, and the differences between the legal and illegal uses of fentanyl. (2) The side effects and the risk factors of using fen tanyl, along with information comparing the lethal amounts of f entanyl to other drugs. Information on the risk factors may include, but is not limited to: (A) the lethal dose of fentanyl; (B) how often fentanyl is placed in drugs without a person's knowledge; (C) an explanation of what fentanyl does to a person's body and the severity of fentanyl's addictive properties; and (D) how the consumption of f entanyl can lead to hypoxia, as well as an explanation of wh at hypoxia precisely does to a person's body. (3) Details about the process of lacing fentanyl in other dr ugs and why drugs get laced with fentanyl. (4) Details about how to detec t fentanyl in drugs and how to save someone from an overdo se of fentanyl, which shall include: (A) how to buy and use fentanyl test strips; (B) how to buy and use naloxone, either through a nasal spray or an injection; and (C) how to detect if someone is overdosing on fentanyl.St udents in grades 9 through 12 shall be assessed on the instruction, study, and discussion on the dangers of fentanyl. The assessment may include, but is not limited to: (i) the differences between synthetic and nonsynthetic drugs; (ii) hypoxia; (iii) the effects of fentanyl on a person's body; (iv) the lethal dose of fentanyl; and (v) how to d etect and prevent overdoses.The instruction, study, and discussion on the dangers of fentanyl may be taught by a licensed edu cator, school nurse, school social worker, law enforcement o fficer, or school counselor. (Source: P.A . 102-464, eff. 8-20-21; 1 02-558, eff. 8-20-21; 102-1034, eff. 1-1-23; 103-212, eff. 1-1-24; 103-365, eff. 1-1-24; 103-605, eff. 7-1-24; 103-608, eff. 1-1-25; 103-810, eff. 8-9-24; revised 1 1-26-24.) Section 625. The School Construction Law is ame nded by changing Section 5-300 as follows: (105 ILCS 230/5

-300) (Section schedule d to be repealed on July 1, 2026) Sec. 5-300. Early childhood construc tion grants. (a) The C apital Development Board is authorized to make grants to publ ic school districts and not-for-profit entiti es for early childhood con struction projects. These grants shall be paid out of moneys appropriated for that purpose from the School Construction Fund, the Build Illinois Bond Fund, or the Rebuild Illinois Projects Fund. No grants may be awarded to entities providing services within private residences. A not-for-profit early childhood entity that rents or leases from another not-for-profit entity shall be considered an eligible entity under this Section. A pu blic school district or other eligible entity must provide local matching funds in the following manner: (1) A public school district assigned to Tier 1 under Sec tion 18-8.15 of the School Code or any other eligible entity in an area encom passed by that district must provide local matching funds in an amount equal t o 3% of the grant awarded under this Section. (2) A public school district assigned to Tier 2 under Section 18-8.15 of the School Code or any other eligible entity in an area encompassed by that district must provide local matching funds in an amount equal to 7.5% of th e grant awarded under this Section. (3) A public school district assigned to Tier 3 under Section 18-8.15 of the School Code or any other eligi ble entity in an area encompassed by that district must p rovide local matching funds in an amount equal to 8.75% of the grant aw arded under this Section. (4) A pub lic school district assigned to Tier 4 under Section 18 -8.15 of the School Code or any other eligible en tity in an area encompassed by that district must provide local matching funds in a n amount equal to 10% of the grant awarded under this Sectio n. A public school district or other eligibl e entity has no entitlement to a grant under this Se ction. (b) The Capital Development Boar d shall adopt rules to implement this Section. These rules need not be the same as the rules for school construction project gr ants or school maintenance project grants. The rules may specif y: (1) the manner of applying for grants; (2) project eligibility requirements; (3) restrictions on the use of grant moneys; (4) the manner in which school distr icts and other eligible entities must account for th e use of grant moneys; (5) requirements that new or improved facilities be used for early ch ildhood and other related programs for a period of at least 10 years; (5.5) additional eligibility requirements for each type of applicant; and (6) any other pro vision that the Capital Development Board determines to b e necessary or useful for the administration of this Sect ion. (b-5) When grants are made to no n-profit corporations for the acquisition or cons truction of new facilities, the Capital Development Board or any State agency it so designates shall hold title to or p lace a lien on the facility for a period of 10 years after the date of the grant award, after which title to the facility shall be transferred to the non-profit corporation or the lien shall be removed, provided that the non-profit corporation has complied with the terms of its grant agreement. When grants are made to non-profit corporations fo r the purpose of renovation or rehabilitation, if th e non-profit corporation does n ot comply with item (5) of subsection (b) of this Section, the Capital Development Board or any State agency it so d esignates shall recover the grant pursuant to the procedure s outlined in the Illinois Grant Funds Recovery Act. (c) The Capital Development Board, in c onsultation with the State Board of Education, shall establ ish standards for the determination of priority nee ds concerning early childhood projects based on pr ojects located in communities in the State with the greatest underserv ed population of young children, utilizing Census data and othe r reliable local early childhood service data. (d) In each school year in which early childhood construct ion project grants are awarded, 20% of the total amount awarde d shall be awarded to a school district with a population of more than 500,000, provided that the school district complie s with the requirements of this Section and the rules adopted un der this Section. (e) This Section is re pealed on July 1, 2026. (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 6-7-23; 103-594, eff. 6-25-24; 103-759, eff. 8 -2-24; revised 8-12-24.) Section 630. The Early Childhood Access Consortium for Equity Act is amended by changing Sect ion 25 as follows: (110 ILCS 28/25) Sec. 25. Advisory committee; membership. (a) The Board of Higher Education, the Illinois Community College Board, the State Board of Education, th e Department of Human Services, and the Department of Early Childhood shall jointly convene a Consortium advisory comm ittee to provide guidance on the operation of the Consortium . (b) Membership on the advisory commi ttee shall be comprised of employers and experts appointed by the Board of Higher Education, the Illinois Community College Board, the Department of Earl y Childhood, the Department of Human Services, and the State Board of Education. Membership shall also include all of the following members: (1) An employer from a community-based ch ild care provider, appointed by the Department of Human Services. (2) An employer from a for-profit child care provider, appointed by the Department of Human Services. (3) An employer from a nonprofit child care p rovider, appointed by the Department of Human Services. (4) A provider of family child care, appointed by the Department of Human Services. (5) An employer l ocated in southern Illinois, appointed by the Department of Early Childhood. (6) An employer located in central Illinois, appointed by the Departme nt of Early Childhood. (7) At least one member who represents an urban schoo l district, appointed by the State Board of Education. (8) At least one member w ho represents a suburban school district, appointed by the St ate Board of Education. (9) At least one member who represents a rural school district, appointed b y the State Board of Education. (10) At least one m ember who represents a school district in a city with a population of 500,000 or more, appointed by the State Board of Education. (11) Two early childhood advocates wit h statewide expertise in early childhood workforce issues, appointed by the Department of Early Childhood.

(12) The Chairperson or Vice-Chairperson and th e Minority Spokesperson or a designee of the Senate Committee on Higher Education. (13) The Ch airperson or Vice-Chairperson and the Minority Spokespe rson or a designee of the House Committee on Higher Education. (14) One member representing t he Illinois Community College Board, who shall serve as co-chairperson, appo inted by the Illinois Community College Board. (15) One member represe nting the Board of Higher Education, who shall serve as co-chairperson, appointed by the Board of Higher Education. (16) One member represent ing the Illinois Student Assistance Commission, appoint ed by the Illinois Student Assistance Commission. (17) One member representing the State Board of Education, who shall serve as co-chairperson, appointed by the State Board of Education. (18) One member representing the Department of Early Childhood, who shall serve as co-chairperson, ap pointed by the Department of Early Childhood. (19) One member representing the Department of Human Services, who shall serve as co-chairperson, appointed by the Department of Human Services . (20) One memb er representing INCCRRA, appointed by the Department of Ea rly Childhood. (21) O ne member representing the Department of Children and Family Services, appointed by the Department of Children and Family Services. (22) One member representing an o rganization that advocates on behalf of community college tr ustees, appointed by the Illinois Community College Boar d. (23) One member of a union representing child care and early childhood providers, appointed by the Department of Human Servic es. (24) Two members of unions representing higher education faculty, appointed by the Bo ard of Higher Education. (25) A representative from the College of Education of an urban public university, appointed by the Board of Higher Education. (26) A representative fro m the College of Education of a suburban public university, appo inted by the Board of Higher Education.

(27) A representative from the College of Educati on of a rural public university, appointed by the Board of H igher Education. ( 28) A representative from the College of Education of a pr ivate university, appointed by the Board of Higher Education. (29) A representative of an urban community college, appointed by the Il linois Community College Board. (30) A repres entative of a suburban community college, appointed by the Il linois Community College Board. (31) A representative of a rural community college, appointed by the I llinois Community College Board. ( c) The advisory committee shall meet at least twice a year. The committee meetings shall be open to t he public in accordance with the provisions of the Ope n Meetings Act. (d) Except fo r the co-chairpersons of the advisory committee, the in itial terms for advisory committee members after June 5, 2024 (the effective date of

Public Act 103-588) thi s amendatory Act of the 103rd General Assembly shall be set by lottery at the first mee ting after June 5, 2024 (the effective dat e of Public Act 103-588) this amendatory Act of the 103rd General Assembly as follows: (1) One-third of members shall serve a one-year 1-year term. (2) One-third of members shall serve a 2-year term. (3) One-third of members shall serve a 3-year term. (e) The in itial term of co-chairpersons of the advisory com mittee shall be for 3 years. (f) After th e initial term, each subsequent term for the members of the advisory commit tee shall be for 3 years or until a successor is appointe d. (g) The members of the advisory committ ee shall serve without compensation, but shall be entitled to reimbursement for all necessary expenses incurred in the performance of their official duties as members of the advisory committee f rom funds appropriated for that purpose. (Source: P.A. 102-174, eff. 7-28-21; 103-588, eff. 6-5-24; 103-594, eff. 6-25-24; revised 7-25-24.) Section 635. The Postsec ondary and Workforce Readiness Act is amended by changing Section 85 as follows: (110 ILCS 148/85)

Sec. 85. Statew ide planning and supports for College and Career Pa thway Endorsement programs. (a) By no later than June 30, 2017, the IPIC Agencies sha ll develop and adopt a comprehensive interag ency plan for supporting the development of College an d Career Pathway Endorsement programs throughout the State. T hereafter, the plan shall be re-assessed and updated at least once every 5 years. The plan shall: (1) designate priority, State-level industry sectors consistent with those identified through federal and State workforce a nd economic development planning processes; (2) articulate a strategy for supporting College and Career Pathway Endorsement programs that includes State and federal funding, business and philanthropic investments, and local i nvestments; (3) consider the need for school districts and postsecondary institutions to phas e in endorsement programs and the elements specified in subsection (d) of Sec tion 80 of this Act over multiple years; and (4) ad dress how College and Career Pathway Endorsement programs articulate to p ostsecondary institution degree programs.

(b) In accordance with the interagency plan developed p ursuant to subsection (a) of this Section and within the limits of available public and private resources, the IPIC Agencies shall establish a public-private steering committee for each priority State-level industry sector that includes representatives from one or more business-led , sector-based partnerships. By no later than June 30 , 2018, each steering committee shall recommend to the IPIC Agencies a sequence of mi nimum career competencies for particular occupational pathw ays within that sector that students should attain by hi gh school graduation as part of a College and Ca reer Pathway Endorsement program. The IPIC Agencies shall establi sh methods to recognize and incentivize College and C areer Pathway Endorsement programs that: (1) address a priority State-level industry sector; (2) are develope d jointly by school districts, community colleges, Local Work force Development Boards, and employers; and (3) align to sequences of minimum career competencies defi ned pursuant to this subsection (b), with any regional mod ifications appropriate for local economic development objec tives. (c) In accordance with the interagency pla n developed pursuant to subsection (a) of this Section and within the limits of available public and private resources, the IPIC Agencies shall provide all of the following supports for College and Career Pathway Endorsement programs program: (1) Provide guidance documents for implementation o f each of the various elements of College and Career Pathway En dorsement programs. (2) Pro vide or designate one or more web-based tools to s upport College and Career Pathway Endorsement programs, including a professional learning portfolio, Professional Skills Assessment, and mentoring pl atform. (3) Make available a statewide insurance policy for appropriate t ypes of Supervised Career Development Experience s. (4) Provide or design ate one or more model instructional units that provide an o rientation to all career cluster areas. (5) Coordin ate with business-led, sector-based partne rships to: (A) d esignate available curricular and instructional resources t hat school districts can voluntarily select to address re quirements for College and Career Pathway Endorsement programs; (B) designate stackable i ndustry-based certifications, the completion of which demonstrates mastery of specific career competencies and t hat are widely valued by employers within a particul ar sector; (C) deliver or support sector-oriented professional deve lopment, Career Exploration Activities, Intensive Caree r Exploration Experiences, Team-based Challenges, and Supervised Career Developm ent Experiences; and (D) develop recognition and incentives for sch ool districts implementing and students att aining College and Career Pathway Endorsements th at align to the sequence of minimum career competencies defined pursuant to subsection (b) of this Section.

(d) To support articulation of College and Ca reer Pathway Endorsement programs into higher e ducation, by no later than June 30, 2018, the ICCB and IBHE shall jointly adopt, i n consultation with postsecondary institutions, require ments for postsecondary institutions to define first-year course schedules and degree programs with Endorsement areas to s upport the successful transition of Endorsement recip ients into related degree programs. These requirement s shall take effect in the 2020-2021 school year.(Source: P.A. 9 9-674, eff. 7-29-16; revised 7-19 -24.) Section 640. The Public Higher Education Act is amended by setting forth and renumbering multiple versions of Section 15 as foll ows: (110 ILCS 167/15)

Sec. 15. National Guar d and reservist classwork policy. T he governing board of each public institution of higher educa tion shall adopt a policy to allow a student who is a member of the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States or any reserve component of the Armed Forces of the United States to submit class work and complete any other class assignments missed due to the student participating in a drill or other military oblig ation required as a member of the National Guard or the r eserve component.(Source: P.A. 103-871, eff. 1-1-25.) (110 ILCS 167/16) Sec. 16 15.

Admission based on legacy status or donor relation prohibited. (a) In this Section:

"Alumnus" means a graduate of a public institution of higher educ ation. "Familial relationship" means an individual's father, mother, son, daughter, broth er, sister, uncle, aunt, great-aunt, great-un cle, first cousin, nephew, niece, husband, wife, grandfathe r, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, da ughter-in-law, brother-in-law, sist er-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half si ster; the father, mother, grandfather, or grandmother of the individual's spouse; or the individual's fiance or fiancee. "Legacy status" means the familial relationship of an individual applying for admi ssion to a public institution of higher education to an alumnus or former or current attendee of the public institution of higher education. (b) In determining admission to a public ins titution of higher education, the public institution of higher education may not consider an app licant's legacy status or the applicant's familial rel ationship to any past, current, or pr ospective donor of something of value to the public in stitution of higher education as a factor in admittin g the applicant.(Source: P.A. 103-877, eff. 8-9-24; revised 9-20-24.) (110 ILCS 167/17) Sec. 17 15. Transcript evaluation fee waivers. (a) In this Section, "refugee" means a person who has entered the United States on a refug ee status from Iraq or Afghanistan. (b) Beginning January 1, 2025, each pu blic institution of higher education shall pay on behalf of a refugee or reimburse a refugee for payment of any transcript evaluation fees that are required by the public institution of hi gher education to be paid during the admission process.(Source: P.A. 103-913, eff. 8-9-24; revised 9-20-24.) Section 645. The Board of Higher Education Act is amended b y changing Section 8 as f ollows: (110 ILCS 205/8) (from Ch. 14

4, par. 188) Sec. 8. The Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Truste es of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Go vernors State University, the B oard of Trustees of Illinois State University, the Board o f Trustees of Northeastern Illinois University, the Board of Tr ustees of Northern Illinois University, and the Board of Trus tees of Western Illinois University shall submit to the Board not later than the 15th day of November of each year

their its budget proposals for the operation and capital needs of the institutions under their its governan ce or supervision for the ensuing fiscal year. The Illinois Community College Board shall submit to the Board by December 15 of each year its budget proposal for the operation and capital needs of the institutions under its governance or supervision for the ensuing fiscal year. Each budget proposal sha ll conform to the procedures developed by the Board in the design of an information sys tem for State universities and colleges.

In order to maintain a cohesive system of higher educatio n, the Board and its staff shall communicate on a regular basis with all public university presidents. They shall meet a t least semiannually to achieve economies of scale where poss ible and provide the most innovative and efficient programs an d services. The Board, in the analysis of formulating the annual budget request, shall consider rat es of tuition and fees and undergraduate tuition and fee waiver programs at the State universities and colleges. The Board shall also consider the current and proj ected utilization of the total physical plant of each campus of a university or college in approving the ca pital budget for any new building or facility. The Board of Higher Education shall submit to the G overnor, to the General Assembly, and to the appropriate bu dget agencies of the Governor and General Assembly its an alysis and recommendations on such budget proposals. The Board is directed to form a broad-ba sed group of individuals representing the Office of the Governor, the Gene ral Assembly, public institutions of higher educa tion, State agencies, business and industry, statewide org anizations representing faculty and staff, and others as t he Board shall deem appropriate to devise a system for allocati ng State resources to public institutions of higher education based upon performance in achieving Stat e goals related to student success and certificate an d degree completion. Beginning in Fiscal Y ear 2013, the Board of Higher Education budget recommendati ons to the Governor and the General Assembly shall include al locations to public institutions of higher education based upo n performance metrics designed to promote and measure stude nt success in degree and certificate completion. Public university metrics must be adopted by the Board by rule, and public community college metrics must be adopted by the Il linois Community College Board by rule. These metrics mus t be developed and promulgated in accordance with the following principle s: (1) The metrics must be developed in consultation with public institutions of higher education, as well as other State educational agenci es and other higher education organizations, associations, inte rests, and stakeholders as deemed appropriate by the Board. (2) The metrics shall in clude provisions for recognizing the demands on and rewardi ng the performance of institutions in advancing the success o f students who are academically or financially at risk, including first-generation students, low-income s tudents, and students traditionally underrepresented in h igher education, as specified in Section 9.16 of this Act. (3) The metrics shall recognize and account for the differentiated mission s of institutions and sectors of higher education. (4) The metrics shall focus on the fundamental goal of increasing completion of college cour ses, certificates, and degrees. Performance metrics shall r ecognize the unique and broad mission of public community colleges through considerati on of additional factors, including, but n ot limited to, enrollment, progress through key academic m ilestones, transfer to a baccalaureate institution, an d degree completion. ( 5) The metrics must be designed to maintain the quality of degree s, certificates, courses, and programs.In devising performance metrics, the Board ma y be guided by the report of the Higher Education Finance Study Commission. Each State un iversity must submit its plan for capital improvements of non-instructional facilities to the Board for appr oval before final commitments are made if the total cost of the project as approve d by the institution's board of control is in excess of $2 million. Non-instructional uses shall include, but not be limited to, dormitories, union buildings, field houses, stad ium, other recreational facilities, a nd parking lots. The Board shall determine whether or not any project submitted for approval is consistent with the strategic plan for higher education and with instructional buildin gs that are provided for therein. If the project is f ound by a majority of the Board not to be consist ent, such capital improvement shall not be constructed.(Source: P.A. 102-1046, eff. 6-7-22; 103-940, eff. 8-9-24; revised 8-23-24.) Section 650. T he University of Illinois Act is amended by changing Se ction 90 and by setting forth and renumbering multiple versions of S ection 180 as follows: (110 ILCS 305

/90) S ec. 90. Employment contract limitations. Th is Section applies to the employment contracts of the president or all chancellors of the University entered into, amended, rene wed, or extended after January 1, 2017 (the effective date of Public Act 99-694 ) this amendatory Act of the 99th General Assembly. This Section does not apply to col lective bargaining agreements. With respect to employment contracts entered i nto with the president or all chancellors of the University: (1) Severance under the contract may not exceed one year's year salary and applicable benefits. (2) A contract with a determinate start and end date may not exceed 4 years. (3) The contract may not include any automatic rollover clauses. (4) Severance payments or contract buyouts may be placed in an escrow account if there are pending criminal charges against the president or all chancellors of the University related to their employ ment. (5) Final action on the formation, renewal, extension, or termination of the empl oyment contracts of the president or all chancellors of the University must be made d uring an open meeting of the Board of Trustees. (6) Public notice, compliant with the provisions of the Open Meetings Act, must be given prior to final action on the formation, renewal, exte nsion, or termination of the employment contracts of the president or all chancellors of the University and must include a copy of the Board item or othe r documentation providing, at a minimum, a description of the proposed principal financial components of the president's or all chancellors' appointments. (7) Any performance-based bonus or incentive-based compensation to the p resident or all chancellors of the University m ust be approved by the Board in an open meeting. The per formance upon which the bonus is based must be made availa ble to the public no less than 48 hours before Board app roval of the performance-based bonus or incentive-based c ompensation. (8) Board min utes, board packets, and annual performance review s concerning the president or all chancellors of the Un iversity must be made available to the public on the University's Internet website.

(Source: P.A. 99-694, eff. 1-1 -17; revised 7-17-24.)

(110 ILCS 305/180) Sec. 180. Innovati on center. The Board of Trustee s, directly or in cooperation with the University of Illino is at Springfield Innovation Center partners, whic h shall consist of other institutions of hi gher education, not-for-profit organizations, businesses, and local governments, may finance, design, construct, enlarge, improve, equip, complete, operate, control, and manage a University of Illinois at Springfield Inn ovation Center (UIS Innovation Center), which is a facility or facilities dedicated to fostering and supporting innovatio n in academics, entrepreneurship, workforce development, policy d evelopment, and non-profit or philanthropic a ctivities. Notwithstanding any other provision of la w, the UIS Innovation Center (1) may be located on land owned by the Board of Trustees or a University of Illinois at Sp ringfield Innovation Center partner; and (2) shall have costs incurred in connection with the design, construction, enlargement, improveme nt, equipping, and completion of the business incubation and innovation facili ties paid with funds appropriated to the Capital Development Board from the Build Illinois Bond Fund for a grant to the Board of Trustees for the UIS Innovation Cente r. If the UIS Innovation Center is located on land owned by a U niversity of Illinois at Springfield Innovation Center partner, the Board of Trustees must have an ownership interest in the facil ity or facilities or a portion thereof. An ownership interest s hall bear a reasonable relationship to the proportional shar e of the costs paid by such grant funds for a term equal to at least the useful life of the innovation facilities.(Source: P.A. 103-588, eff. 6-5-24.) (110 ILCS 30

5/185) Sec. 185 180. Winter weather emergency clos ure; educational support services pay. If a campus is closed due to a city, county, o r State declaration of a winter weather emergency, the Board of Trustees shall pay to its employees who prov ide educational support services to the campus, including, bu t not limited to, custodial employees, building maintenance empl oyees, transportation employees, food service providers, classr oom assistants, or administrative staff, their daily, reg ular rate of pay and benefits rendered for the campus closure if the closure precludes them from performing their regularly scheduled duties and the employee would have reported f or work but for the closure; however, this requirement does not apply if the day is rescheduled and the employee will be p aid the employee's daily, regular rate of pa y and benefits for the rescheduled day when services are rendered. (Source: P.A. 103-749, eff. 1-1-25; revised 12-3-24.) (110 ILCS 305/190) Sec. 190 180. Enrollmen t reporting. (a) The B oard of Trustees shall report to the Board of Higher Educati on by the 15th business day after the start of the acade mic year all of the following student enrollment data:

(1) The number of students enroll ed at the start of the previous academic year. (2) The number of students enrolled ful l time at the start of the previous academic year. (3) The number of students enrolled at the start of the current academic year. (4) The number of students enrolled full time at the start of the current academic year. (5) The number of students enro lled in online learning a t the start of the previous academic year. (6) The number of students enrolled in in-person learni ng at the start of the previous academic year. (7) The number of students enrolled in online learning at the start of the current academic year. (8) The number of students enrolled in in-person learnin g at the start of the current academic year. (9) The rolling average number of stude nts enrolled over the previous 5 ac ademic years. (b) The Board of Higher Ed ucation shall post the student enrollment data reported u nder subsection (a) on its Internet website. (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)

Section 655. The South ern Illinois University Management Act is amended by changing Sec tion 75 and by setting forth and renumbering multiple version s of Section 155 as follows: (110 ILCS 520/75) Sec. 75. Employment contract limitations. This Section applies to the employment contracts of the president o r all chancellors of the University entered into, amended, re newed, or extended after January 1, 2017 (the effective date o f Public Act 99-694) this amendatory Act of the 99th General Assembly. This Section does not apply to collective bargai ning agreements. With respect to employment contracts entered into with the president or all chancellors of the University: (1) Severance under the contract may not exceed one year's year salary and appli cable benefits. (2) A contract with a det erminate start and end date may not exceed 4 years. (3) The contract may not include any automatic rollover clauses. (4) Severance payments or contract buyouts may be placed in an escrow account if there are pending criminal charges against the president or all chancellors of the University related to their employ ment. (5) Final action on the formation, renewal, extension, or termination of the empl oyment contracts of the president or all chancellors of the University must be made d uring an open meeting of the Board. (6) Public notic e, compliant with the provisions of the Open Meetings Act, must be given pri or to final action on the formation, renewal, extension, or te rmination of the employment contracts of the president or all chancellors of the Unive rsity and must include a copy of the Board item or other documentat ion providing, at a minimum, a description of the proposed principal financial components of the president's or all chancellors' appointments. (7) Any performance-based bonus or in centive-based compensation to the president or all chancellors of the University must be appro ved by the Board in an open meeting. The performance upo n which the bonus is based must be made available to the p ublic no less than 48 hours before Board approval of the performance-based bonus or incentive-based compensation.

(8) Board minutes, board packets, and annual performance reviews concerning the president or all chancellors of the University mus t be made available to the public on the University's Internet website.

(Source: P.A. 99-694, eff. 1-1 -17; revised 7-19-24.)

(110 ILCS 520/155) Sec. 155. Winter w eather emergency closure; educational support services pay. If a campus is closed due to a city, county, or State declaration of a winter we ather emergency, the Board shall pay to its employees who provide educational support services to the campus, in cluding, but not limited to, custodial employees, buildi ng maintenance employees, transportation employees, food service providers, classroom assistants, or admini strative staff, their daily, regular rate of pay and benefi ts rendered for the campus closure if the closure precludes th em from performing their regularly scheduled duties and the emplo yee would have reported for work but for the closur e; however, this requirement does not apply if the d ay is rescheduled and the employee will be paid the empl oyee's daily, regular rate of pay and benefits for the reschedul ed day when services are rendered. (Source: P.A. 103-749, eff. 1-1-25.) (110 ILCS 520/160) Sec. 160 155. Enrollment reporting. ( a) The Board shall report to the Board of Higher Education b y the 15th business day after the start of the academic year all of the following student enrollment data: (1) The number of students enrolled at the start of the previous academic year. (2) The number of students enrolled full ti me at the start of the previous academic year. (3) The number of students enrol led at the start of the current academic year. (4) The number of students enrolled full ti me at the start of the current academic year. (5) The number of students enrolled in online learning at the start of the previous academic year . (6) The number of students enrolled in in-person learning at the st art of the previous academic year. (7) The number of students enrolled in online learning at the start of the current academic year. (8) The number of s tudents enrolled in in-person learning at th e start of the current academic year. (9) The rolling average number of students enrolled over the previous 5 ac ademic years. (b) The Board of Higher Ed ucation shall post the student enrollment data reported u nder subsection (a) on its Internet website. (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)

Section 660. The Chica go State University Law is amended by changing Section 5-18 5 and by setting forth and renumbering multiple versions of S ection 5-265 as follows: (110 ILCS 660/5-185) Sec. 5-185.

Employment contract limitations . This Section applies to the employment contract s of the president or all chancellors of the University enter ed into, amended, renewed, or extended after January 1, 2017 ( the effective date of Public Act 99-694) this amendatory Act of the 99th Ge neral Assembly. This Section does not apply to collective bargaining agreements. With respect to employmen t contracts entered into with the president or all chancellors of the University: (1) Severance under the contract may not exceed one year's year salary and applicable benefits. (2) A contract with a determinate start and end date may not exceed 4 year s. (3) The contract may not include any automatic rollover clauses. (4) Severance payments or contract buyouts may be placed in an escrow account if t here are pending criminal charges against the president or all chancellors of the University related to their employ ment. (5) Final action on the formation, renewal, extension, or termination of the empl oyment contracts of the president or all chancellors of the University must be made d uring an open meeting of the Board. (6) Public notic e, compliant with the provisions of the Open Meetings Act, must be given pri or to final action on the formation, renewal, extension, or te rmination of the employment contracts of the president or all chancellors of the Unive rsity and must include a copy of the Board item or other documentat ion providing, at a minimum, a description of the proposed principal financial components of the president's or all chancellors' appointments. (7) Any performance-based bonus or in centive-based compensation to the president or all chancellors of the University must be appro ved by the Board in an open meeting. The performance upo n which the bonus is based must be made available to the p ublic no less than 48 hours before Board approval of the performance-based bonus or incentive-based compensation.

(8) Board minutes, board packets, and annual performance reviews concerning the president or all chancellors of the University mus t be made available to the public on the University's Internet website.

(Source: P.A. 99-694, eff. 1-1 -17; revised 7-19-24.)

(110 ILCS 660/5-265)

Sec. 5-265. Winter weather emergency closure; educational support services pay. If a campus is closed due to a city, county, or State declaratio n of a winter weather emergency, the Board shall pay to its employees who provide educational support services t o the campus, including, but not limited to, custodial e mployees, building maintenance employees, transporta tion employees, food service providers, classroom assis tants, or administrative staff, their daily, regular rate o f pay and benefits rendered for the campus closure if the clos ure precludes them from performing their regularly scheduled duti es and the employee would have reported for work bu t for the closure; however, this requirement does no t apply if the day is rescheduled and the employee will be paid the employee's daily, regular rate of pay and benefits f or the rescheduled day when services are rendered. (Source: P.A. 103-749, eff. 1-1-25.) (110 ILCS 660/5-270)

Sec. 5-270 5-265. Enrollment reporting. (a) The Board shall report to the Boa rd of Higher Education by the 15th business day after the sta rt of the academic year all of the following student enrollment data: (1) The num ber of students enrolled at the start of the previous academ ic year. (2) The number of s tudents enrolled full time at the start of the previous aca demic year. (3) The number of students enrolled at the start of the current academi c year. (4) The number of s tudents enrolled full time at the start of the current acade mic year. (5) The number of students enrolled in online learning at the start of th e previous academic year. (6) The number of students enrolled in in-p erson learning at the start of the previous academic year. (7) The number of students enrolled in online learning at the start of the current academic year. (8) The number of s tudents enrolled in in-person learning at th e start of the current academic year. (9) The rolling average number of students enrolled over the previous 5 ac ademic years. (b) The Board of Higher Ed ucation shall post the student enrollment data reported u nder subsection (a) on its Internet website. (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)

Section 665. The Easte rn Illinois University Law is amended by changing Section 10-185 and by setting forth and multiple versions of Section 1 0-270 as follows: (110 ILCS 665/10-185) Sec. 10-185. Employment contract limitations. This Section applies to the employment contracts of the president or all chancellors of the University entered in to, amended, renewed, or extended after January 1, 2017 (the e ffective date of Public Act 99-694) this amendatory Act of the 99th General Assembly. This Section does not apply to co llective bargaining agreements. With respect to employment con tracts entered into with the president or all chancellors of the University: (1) Severance under the contract may not exceed one year's year s alary and applicable benefits. (2) A contract with a determinate start and end date may not exceed 4 y ears. (3) The contract may not include any automatic rollover clauses.

(4) Severance payments or contract buyouts may be placed in an escrow account if there are pending criminal charges against the president or all chancellors of the University related to their employ ment. (5) Final action on the formation, renewal, extension, or termination of the empl oyment contracts of the president or all chancellors of the University must be made d uring an open meeting of the Board. (6) Public notic e, compliant with the provisions of the Open Meetings Act, must be given pri or to final action on the formation, renewal, extension, or te rmination of the employment contracts of the president or all chancellors of the Unive rsity and must include a copy of the Board item or other documentat ion providing, at a minimum, a description of the proposed principal financial components of the president's or all chancellors' appointments. (7) Any performance-based bonus or in centive-based compensation to the president or all chancellors of the University must be appro ved by the Board in an open meeting. The performance upo n which the bonus is based must be made available to the p ublic no less than 48 hours before Board approval of the performance-based bonus or incentive-based compensation.

(8) Board minutes, board packets, and annual performance reviews concerning the president or all chancellors of the University mus t be made available to the public on the University's Internet website.

(Source: P.A. 99-694, eff. 1-1 -17; revised 7-19-24.)

(110 ILCS 665/10-270) Sec. 10-270. Winter weather emergency closure; educationa l support services pay. If a campus is closed due to a city, county, or State declarat ion of a winter weather emergency, the Boar d shall pay to its employees who provide educational support services to the campus, including, but not limited to, custodial employees, building maintenance employees, transpor tation employees, food service providers, classroom ass istants, or administrative staff, their daily, regular rate of pay and benefits rendered for the campus closure if the cl osure precludes them from performing their regularly scheduled du ties and the employee would have reported for work but for the closure; however, this requirement does not apply if the day is rescheduled and the employee wil l be paid the employee's daily, regular rate of pay and benefits for the rescheduled day when services are rendered. (Source: P.A. 103-749, eff. 1-1-25.) (110 ILCS 665/10-275) Sec. 10-275 10-270. Enrollment reporting. (a) The Board shall report to the Board of Higher Education by the 15th business day after the start of the academic year all of the following student enrollm ent data: (1) The number of students enrolled at the start of the previous aca demic year. (2) The number o f students enrolled full time at the start of the previous academic year. (3) T he number of students enrolled at the start of the current acad emic year. (4) The number o f students enrolled full time at the start of the current ac ademic year. (5) The num ber of students enrolled in online learning at the start of the previous academic year. (6) The number of students enrolled in in-person learning at the start of the previous academic year. (7) The number of students enrolled in online learning at the start of the current academic year. (8) The number of s tudents enrolled in in-person learning at th e start of the current academic year. (9) The rolling average number of students enrolled over the previous 5 ac ademic years. (b) The Board of Higher Ed ucation shall post the student enrollment data reported u nder subsection (a) on its Internet website. (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)

Section 670. The Gover nors State University Law is amended by changing Section 15-185 and by setting forth and renumbering multiple versions o f Section 15-265 as follows: (110 ILCS 670/15-185) Sec. 15-185. Employment contract limit ations. This Section applies to the employment co ntracts of the president or all chancellors of the University entered into, amended, renewed, or extended after January 1, 2017 (the effective date of Public Act 99-6 94) this amendatory Act of the 9 9th General Assembly. This Section does not apply to collective bargaining agreements. With respect to emp loyment contracts entere d into with the president or all chancellors of the University: (1) Severance under the contract may not exceed one year's year salary and applicable benefits. ( 2) A contract with a determinate start and end date may no t exceed 4 years. (3) The contract may not include any automatic rollover clauses.

(4) Severance payments or contract buyouts may be placed in an escrow account if there are pending criminal charges against the president or all chancellors of the University related to their employ ment. (5) Final action on the formation, renewal, extension, or termination of the empl oyment contracts of the president or all chancellors of the University must be made d uring an open meeting of the Board. (6) Public notic e, compliant with the provisions of the Open Meetings Act, must be given pri or to final action on the formation, renewal, extension, or te rmination of the employment contracts of the president or all chancellors of the Unive rsity and must include a copy of the Board item or other documentat ion providing, at a minimum, a description of the proposed principal financial components of the president's or all chancellors' appointments. (7) Any performance-based bonus or in centive-based compensation to the president or all chancellors of the University must be appro ved by the Board in an open meeting. The performance upo n which the bonus is based must be made available to the p ublic no less than 48 hours before Board approval of the performance-based bonus or incentive-based compensation.

(8) Board minutes, board packets, and annual performance reviews concerning the president or all chancellors of the University mus t be made available to the public on the University's Internet website.

(Source: P.A. 99-694, eff. 1-1 -17; revised 7-19-24.)

(110 ILCS 670/15-265) Sec. 15-265. Winter weather emergency closure; educationa l support services pay. If a campus is closed due to a city, county, or State declarat ion of a winter weather emergency, the Boar d shall pay to its employees who provide educational support services to the campus, including, but not limited to, custodial employees, building maintenance employees, transpor tation employees, food service providers, classroom ass istants, or administrative staff, their daily, regular rate of pay and benefits rendered for the campus closure if the cl osure precludes them from performing their regularly scheduled du ties and the employee would have reported for work but for the closure; however, this requirement does not apply if the day is rescheduled and the employee wil l be paid the employee's daily, regular rate of pay and benefits for the rescheduled day when services are rendered. (Source: P.A. 103-749, eff. 1-1-25.) (110 ILCS 670/15-270) Sec. 15-270 15-265. Enrollment reporting. (a) The Board shall report to the Board of Higher Education by the 15th business day after the start of the academic year all of the following student enrollm ent data: (1) The number of students enrolled at the start of the previous aca demic year. (2) The number o f students enrolled full time at the start of the previous academic year. (3) T he number of students enrolled at the start of the current acad emic year. (4) The number o f students enrolled full time at the start of the current ac ademic year. (5) The num ber of students enrolled in online learning at the start of the previous academic year. (6) The number of students enrolled in in-person learning at the start of the previous academic year. (7) The number of students enrolled in online learning at the start of the current academic year. (8) The number of s tudents enrolled in in-person learning at th e start of the current academic year. (9) The rolling average number of students enrolled over the previous 5 ac ademic years. (b) The Board of Higher Ed ucation shall post the student enrollment data reported u nder subsection (a) on its Internet website. (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)

Section 675. The Illin ois State University Law is amended by changing Section 20- 190 and by setting forth and renumbering multiple versions of Section 20-275 as follows: (110 ILCS 675/20-190) Sec. 20-190. Employment contract limita tions. This Section applies to the employment con tracts of the president or all chancellors of the University entered into, amended, renewed, or extended after January 1, 2017 (the effective date of Public Act 99-69 4) this amendatory Act of the 99 th General Assembly. This Section does not a pply to collective bargaining agreements. With respect to empl oyment contracts entered into with the president or all chancellors of the University: (1) Severance under the contract may not exceed one year's year salary and applicable benefits. ( 2) A contract with a determinate start and end date may no t exceed 4 years. (3) The contract may not include any automatic rollover clauses.

(4) Severance payments or contract buyouts may be placed in an escrow account if there are pending criminal charges against the president or all chancellors of the University related to their employ ment. (5) Final action on the formation, renewal, extension, or termination of the empl oyment contracts of the president or all chancellors of the University must be made d uring an open meeting of the Board. (6) Public notic e, compliant with the provisions of the Open Meetings Act, must be given pri or to final action on the formation, renewal, extension, or te rmination of the employment contracts of the president or all chancellors of the Unive rsity and must include a copy of the Board item or other documentat ion providing, at a minimum, a description of the proposed principal financial components of the president's or all chancellors' appointments. (7) Any performance-based bonus or in centive-based compensation to the president or all chancellors of the University must be appro ved by the Board in an open meeting. The performance upo n which the bonus is based must be made available to the p ublic no less than 48 hours before Board approval of the performance-based bonus or incentive-based compensation.

(8) Board minutes, board packets, and annual performance reviews concerning the president or all chancellors of the University mus t be made available to the public on the University's Internet website.

(Source: P.A. 99-694, eff. 1-1 -17; revised 7-19-24.)

(110 ILCS 675/20-275) Sec. 20-275. Winter weather emergency closure; educationa l support services pay. If a campus is closed due to a city, county, or State declarat ion of a winter weather emergency, the Boar d shall pay to its employees who provide educational support services to the campus, including, but not limited to, custodial employees, building maintenance employees, transpor tation employees, food service providers, classroom ass istants, or administrative staff, their daily, regular rate of pay and benefits rendered for the campus closure if the cl osure precludes them from performing their regularly scheduled du ties and the employee would have reported for work but for the closure; however, this requirement does not apply if the day is rescheduled and the employee wil l be paid the employee's daily, regular rate of pay and benefits for the rescheduled day when services are rendered. (Source: P.A. 103-749, eff. 1-1-25.) (110 ILCS 675/20-280) Sec. 20-280 20-275. Enrollment reporting. (a) The Board shall report to the Board of Higher Education by the 15th business day after the start of the academic year all of the following student enrollm ent data: (1) The number of students enrolled at the start of the previous aca demic year. (2) The number o f students enrolled full time at the start of the previous academic year. (3) T he number of students enrolled at the start of the current acad emic year. (4) The number o f students enrolled full time at the start of the current ac ademic year. (5) The num ber of students enrolled in online learning at the start of the previous academic year. (6) The number of students enrolled in in-person learning at the start of the previous academic year. (7) The number of students enrolled in online learning at the start of the current academic year. (8) The number of s tudents enrolled in in-person learning at th e start of the current academic year. (9) The rolling average number of students enrolled over the previous 5 ac ademic years. (b) The Board of Higher Ed ucation shall post the student enrollment data reported u nder subsection (a) on its Internet website. (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)

Section 680. The North eastern Illinois University Law is amended by changing Section 25 -185 and by setting forth and renumbering multiple vers ions of Section 25-270 as follows: (110 ILCS 6

80/25-185) Sec. 2 5-185. Employment contract limitations. This Section applies to the employm ent contracts of the president or all chancellors of the Univ ersity entered into, amended, renewed, or extended after January 1, 2017 (the effective date of Public Act 99-694) this amendatory Act of the 99th General Assembly. This Section doe s not apply to collective bargaining agreements. With respect to employment contracts entered into with the president or all chancellors of the University: (1) Severance under the contract may not exceed one year's ye ar salary and applicable benefits. (2) A contract with a determinate start and end date may no t exceed 4 years. (3) The contract may not include any automatic rollover clauses.

(4) Severance payments or contract buyouts may be placed in an escrow account if there are pending criminal charges against the president or all chancellors of the University related to their employ ment. (5) Final action on the formation, renewal, extension, or termination of the empl oyment contracts of the president or all chancellors of the University must be made d uring an open meeting of the Board. (6) Public notic e, compliant with the provisions of the Open Meetings Act, must be given pri or to final action on the formation, renewal, extension, or te rmination of the employment contracts of the president or all chancellors of the Unive rsity and must include a copy of the Board item or other documentat ion providing, at a minimum, a description of the proposed principal financial components of the president's or all chancellors' appointments. (7) Any performance-based bonus or in centive-based compensation to the president or all chancellors of the University must be appro ved by the Board in an open meeting. The performance upo n which the bonus is based must be made available to the p ublic no less than 48 hours before Board approval of the performance-based bonus or incentive-based compensation.

(8) Board minutes, board packets, and annual performance reviews concerning the president or all chancellors of the University mus t be made available to the public on the University's Internet website.

(Source: P.A. 99-694, eff. 1-1 -17; revised 7-19-24.)

(110 ILCS 680/25-270) Sec. 25-270. Winter weather emergency closure; educationa l support services pay. If a campus is closed due to a city, county, or State declarat ion of a winter weather emergency, the Boar d shall pay to its employees who provide educational support services to the campus, including, but not limited to, custodial employees, building maintenance employees, transpor tation employees, food service providers, classroom ass istants, or administrative staff, their daily, regular rate of pay and benefits rendered for the campus closure if the cl osure precludes them from performing their regularly scheduled du ties and the employee would have reported for work but for the closure; however, this requirement does not apply if the day is rescheduled and the employee wil l be paid the employee's daily, regular rate of pay and benefits for the rescheduled day when services are rendered. (Source: P.A. 103-749, eff. 1-1-25.) (110 ILCS 680/25-275) Sec. 25-275 25-270. Enrollment reporting. (a) The Board shall report to the Board of Higher Education by the 15th business day after the start of the academic year all of the following student enrollm ent data: (1) The number of students enrolled at the start of the previous aca demic year. (2) The number o f students enrolled full time at the start of the previous academic year. (3) T he number of students enrolled at the start of the current acad emic year. (4) The number o f students enrolled full time at the start of the current ac ademic year. (5) The num ber of students enrolled in online learning at the start of the previous academic year. (6) The number of students enrolled in in-person learning at the start of the previous academic year. (7) The number of students enrolled in online learning at the start of the current academic year. (8) The number of s tudents enrolled in in-person learning at th e start of the current academic year. (9) The rolling average number of students enrolled over the previous 5 ac ademic years. (b) The Board of Higher Ed ucation shall post the student enrollment data reported u nder subsection (a) on its Internet website. (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)

Section 685. The North ern Illinois University Law is amended by changing Section 30-195 and by setting forth and renumbering multiple versions of Section 30-280 as follows: (110 ILCS 685/3

0-195) Sec. 30-195. Employment contract lim itations. This Section applies to the employment contracts of the president or all chancellors of the Universi ty entered into, amended, renewed, or extended after January 1, 2017 (the effective date of Public Act 99-694) this amendatory Act of the 99th General Assembly. This Section does no t apply to collective bargaining agreements. With respect to e mployment contracts ente red into with the president or all chancellors of the University: (1) Severance under the contract may not exceed one year's year salary and applicable benefits. (2) A contract with a determinate start and end date may no t exceed 4 years. (3) The contract may not include any automatic rollover clauses.

(4) Severance payments or contract buyouts may be placed in an escrow account if there are pending criminal charges against the president or all chancellors of the University related to their employ ment. (5) Final action on the formation, renewal, extension, or termination of the empl oyment contracts of the president or all chancellors of the University must be made d uring an open meeting of the Board. (6) Public notic e, compliant with the provisions of the Open Meetings Act, must be given pri or to final action on the formation, renewal, extension, or te rmination of the employment contracts of the president or all chancellors of the Unive rsity and must include a copy of the Board item or other documentat ion providing, at a minimum, a description of the proposed principal financial components of the president's or all chancellors' appointments. (7) Any performance-based bonus or in centive-based compensation to the president or all chancellors of the University must be appro ved by the Board in an open meeting. The performance upo n which the bonus is based must be made available to the p ublic no less than 48 hours before Board approval of the performance-based bonus or incentive-based compensation.

(8) Board minutes, board packets, and annual performance reviews concerning the president or all chancellors of the University mus t be made available to the public on the University's Internet website.

(Source: P.A. 99-694, eff. 1-1 -17; revised 7-19-24.)

(110 ILCS 685/30-280) Sec. 30-280. Winter weather emergency closure; educationa l support services pay. If a campus is closed due to a city, county, or State declarat ion of a winter weather emergency, the Boar d shall pay to its employees who provide educational support services to the campus, including, but not limited to, custodial employees, building maintenance employees, transpor tation employees, food service providers, classroom ass istants, or administrative staff, their daily, regular rate of pay and benefits rendered for the campus closure if the cl osure precludes them from performing their regularly scheduled du ties and the employee would have reported for work but for the closure; however, this requirement does not apply if the day is rescheduled and the employee wil l be paid the employee's daily, regular rate of pay and benefits for the rescheduled day when services are rendered. (Source: P.A. 103-749, eff. 1-1-25.) (110 ILCS 685/30-285) Sec. 30-285 30-280. Enrollment reporting. (a) The Board shall report to the Board of Higher Education by the 15th business day after the start of the academic year all of the following student enrollm ent data: (1) The number of students enrolled at the start of the previous aca demic year. (2) The number o f students enrolled full time at the start of the previous academic year. (3) T he number of students enrolled at the start of the current acad emic year. (4) The number o f students enrolled full time at the start of the current ac ademic year. (5) The num ber of students enrolled in online learning at the start of the previous academic year. (6) The number of students enrolled in in-person learning at the start of the previous academic year. (7) The number of students enrolled in online learning at the start of the current academic year. (8) The number of s tudents enrolled in in-person learning at th e start of the current academic year. (9) The rolling average number of students enrolled over the previous 5 ac ademic years. (b) The Board of Higher Ed ucation shall post the student enrollment data reported u nder subsection (a) on its Internet website. (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)

Section 690. The Weste rn Illinois University Law is amended by changing Sections 35-115 and 35-190 and by setting forth and renumbering multiple versions of Section 35-275 as follows: (110 ILCS 690/35-115) Sec. 35-115. Televi sion station. (a) The Board of Weste rn Illinois University is authorized, under applicable permit and license of the Federal Communications Communi cation Commission, to construct and operate a n educational television station at or near Macomb, Il linois with a translator at or near Moline, Illinois. (b) The Board may apply on behalf of Western Il linois University to the Department of Health, Education and Welfare for funds, as authorized under the Educational Television Facilities Act of 1962, to assist in the development of the educational television program aut horized in subsection (a).(Source: P.A. 89-4, eff. 1-1-96; revised 10-23-24.) (110 ILCS 690/35-190) Sec. 35-190. Employment contract limitations. This Section applies to the employment contracts of the president or all chancellors of the University entered into, amended, renewed, or extended after January 1, 2017 (the effective date of Public Act 99-694) this amendatory Act of the 99th General Assembly. This Sec tion does not apply to collective bargaining agreements. With respect to employment contracts entered into with the president or all ch ancellors of the University: (1) Severance under the contract may not exceed one year's year sa lary and applicable benefits. (2) A contract with a determinate start and end date may not exceed 4 years. (3) The contract may not include any automatic rollover clauses.

(4) Severance payments or contract buyouts may be placed in an escrow account if there are pending criminal charges against the president or all chancellors of the University related to their employ ment. (5) Final action on the formation, renewal, extension, or termination of the empl oyment contracts of the president or all chancellors of the University must be made d uring an open meeting of the Board. (6) Public notic e, compliant with the provisions of the Open Meetings Act, must be given pri or to final action on the formation, renewal, extension, or te rmination of the employment contracts of the president or all chancellors of the Unive rsity and must include a copy of the Board item or other documentat ion providing, at a minimum, a description of the proposed principal financial components of the president's or all chancellors' appointments. (7) Any performance-based bonus or in centive-based compensation to the president or all chancellors of the University must be appro ved by the Board in an open meeting. The performance upo n which the bonus is based must be made available to the p ublic no less than 48 hours before Board approval of the performance-based bonus or incentive-based compensation.

(8) Board minutes, board packets, and annual performance reviews concerning the president or all chancellors of the University mus t be made available to the public on the University's Internet website.

(Source: P.A. 99-694, eff. 1-1 -17; revised 7-19-24.)

(110 ILCS 690/35-275) Sec. 35-275. Winter weather emergency closure; educationa l support services pay. If a campus is closed due to a city, county, or State declarat ion of a winter weather emergency, the Boar d shall pay to its employees who provide educational support services to the campus, including, but not limited to, custodial employees, building maintenance employees, transpor tation employees, food service providers, classroom ass istants, or administrative staff, their daily, regular rate of pay and benefits rendered for the campus closure if the cl osure precludes them from performing their regularly scheduled du ties and the employee would have reported for work but for the closure; however, this requirement does not apply if the day is rescheduled and the employee wil l be paid the employee's daily, regular rate of pay and benefits for the rescheduled day when services are rendered. (Source: P.A. 103-749, eff. 1-1-25.) (110 ILCS 690/35-280) Sec. 35-280 35-275. Enrollment reporting. (a) The Board shall report to the Board of Higher Education by the 15th business day after the start of the academic year all of the following student enrollm ent data: (1) The number of students enrolled at the start of the previous aca demic year. (2) The number o f students enrolled full time at the start of the previous academic year. (3) T he number of students enrolled at the start of the current acad emic year. (4) The number o f students enrolled full time at the start of the current ac ademic year. (5) The num ber of students enrolled in online learning at the start of the previous academic year. (6) The number of students enrolled in in-person learning at the start of the previous academic year. (7) The number of students enrolled in online learning at the start of the current academic year. (8) The number of s tudents enrolled in in-person learning at th e start of the current academic year. (9) The rolling average number of students enrolled over the previous 5 ac ademic years. (b) The Board of Higher Ed ucation shall post the student enrollment data reported u nder subsection (a) on its Internet website. (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)

Section 695. The Publi c Community College Act is amended by changing Sections 3-2 0.3.01 and 3-65 and by setting forth and renumbering mu ltiple versions of Section 3-29.26 as follows: (110 ILCS 805/3-20.3.01) (from Ch. 122, par. 103-

20.3.01) Sec. 3-20.3.01. Whenever, as a res ult of any lawful order of any agency, other than a local com munity college board, having authority to enforce any law or regulation designed for the protection, health, or safety o f community college students, employees, or visitors, or any law or regulation for the prote ction and safety of the environment, pursuant to the "Environ mental Protection Act", any local community college district, including any district to which Article VII of this Act applies, is required to alter or repair any physical f acilities, or whenever any district determines that it is necessary for ener gy conservation, health, or safety, environmental prot ection or accessibility purposes that any physical facilities should be altered or repaired and that such alterations or repairs will be made with funds not necessary for the completion of approved and recommended projects for fire prevention and safety, or whenever after September 11, 1984 (the effective date of Public Act 83-1366) this amendatory Act of 1984 any district, incl uding any district to which Article VII applies, provides for a lterations or repairs determined by the local community college board to b e necessary for health and safety, environmental protection, accessibility or ener gy conservation purposes, such district may, by proper resolution which sp ecifically identifies the project and which is adopted pursuant to the provisions of the Open Meet ings Act, levy a tax for the purpose of paying for such altera tions or repairs, or survey by a licensed architect or en gineer, upon the equalized assessed value of all the taxabl e property of the district at a rate not to exceed .05% per year for a pe riod sufficient to finance such alterations or repairs, upon the following conditions: (a) When in the judgment of the local community colle ge board of trustees there are not sufficient funds avail able in the operations and maintenance fund of the district to perma nently pay for such alterations or repairs so ordered, determined as necessary.

(b) When a certified estimate of a licensed architect or engine er stating the estimated amount that is necessary to make the alterations or repairs so ordered or determined as necessary has been secured by the local community college district. The filing of a certified copy of the resolution or ordinance levying the tax shal l be the authority of the county clerk or clerks to exten d such tax; provided, however, that in no event shall the extens ion for the current and preceding years, if any, under this Se ction be greater than the amount so approved, and interest on b onds issued pursuant to this Section and in the event such curre nt extension and preceding extensions exceed such approval a nd interest, it shall be reduced proportionately.

The county clerk of each of t he counties in which any community college district le vying a tax under the authority of this Section is locate d, in reducing raised levies, shall not consider any suc h tax as a part of the general levy for community co llege purposes and shall not include the same in the limitation of any oth er tax rate which may be extended. Such tax shall be levied and collected in like manner as all other taxes of communit y college districts. The tax ra te limit hereinabove specified in this Section may be increased to .10% upon the approval of a propo sition to effect such increase by a majority of the electors voting on that proposition at a regular scheduled elec tion. Such proposition may be initiated by resolution of the lo cal community college board and shall be certified by the s ecretary of the local community college board to the proper elec tion authorities for submission in accordance with the g eneral election law. Each local community co llege district authorized to levy any tax pursuant to this Section may also or in the alternative by proper resolution or ordinance borrow money for such s pecifically identified purposes not in excess of $4,500,000 i n the aggregate at any one time when in the judgment of the l ocal community college board of trustees there are not suffi cient funds available in the operations and maintenance fund of the district to permanently pay for such alterations or r epairs so ordered or determined as necessary and a certified estimate of a licensed architect or engineer stating the estim ated amount has been secured by the local community colle ge district, and as evidence of such indebtedness may issue bon ds without referendum. However, Community College District No . 522 and Community College District No. 536 may or in the alternative by proper resolution or ordinance borrow money for such specifically identified purposes not i n excess of $20,000,000 in the aggregate at any one time when in the judgment of the community college board of trustees there are not sufficient funds availabl e in the operations and maintenance fund of the district to permanently pay for such alterations or repairs so ordered or determined as necessary and a certified estimate of a l icensed architect or engineer stating the estimated amount ha s been secured by the community college district, and as evid ence of such indebtedness may issue bonds without refere ndum. Such bonds shall bear interest at a rate or rates autho rized by the Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipation wa rrants subject to interest rate limitations set forth therein ", approved May 26, 1970, as now or hereafter amended, shall mature within 20 years from date, and shall be signed by the chairman, secretary, and tr easurer of the local community college board. In order to authorize and issue such bonds the local commu nity college board shall adopt a resolution fixing the amoun t of bonds, the date thereof, the maturities thereof and rates of interest thereof, and the board by such resolutio n, or in a district to which Article VII applies the city cou ncil upon demand and under the direction of the board by ordi nance, shall provide for the levy and collection of a direct annual tax upon all the taxable property in the local community college district sufficient to pay the principal and inter est on such bonds to maturity. Upon the filing in the office of the county clerk of each of the counties in which the community college district is located of a certified copy of such resolution or ordinance it is the duty of the county clerk or clerks to extend the tax th erefor without limit as to rate or amount and in addition to and in excess of all other taxes heretofore or hereafter authorized to be levied by such community college district. The State Board shall set through administrative rule regulations and specifications for minimum requir ements for the construction, remodeling, or rehabilitation of heating, ventilating, air condit ioning, lighting, seating, water supply, toilet, accessibility , fire safety, and any other matter that w ill conserve, preserve, or provide for the p rotection and the health or safety of individuals in or on comm unity college property and will conserve the integrity of the physical facilities of the district. T his Section is cumulative and constitutes complete authority f or the issuance of bonds as provided in this Section notwithstan ding any other statute or law to the contrary.(Source: P.A. 99-143, eff. 7-27-15; 9 9-655, eff. 7-28-16; revised 7-19-24.)

(110 ILCS 805/3-29.26) Sec. 3-29.26. Winter weather emergency closure; educational support services pay. If a campus is closed due to a city, county, or State declaration of a winter weather emergency, the board shall pay to its em ployees who provide educational support services to the campus, including, but not limited to, custodial employees, building maintena nce employees, transportation employees, food service providers, classroom assistants, or administrative staff, their daily, regular ra te of pay and benefits rendered for the campus closure if the closure precludes them from performing their regularly sche duled duties and the employee would have reported fo r work but for the closure; however, this requirement do es not apply if the day is rescheduled and the employee will be paid the employe e's daily, regular rate of pay and benefits for the rescheduled day when services are rendered .(Source: P.A. 103-749, eff. 1-1-25.) (110 ILCS 805/3-29.27) Sec. 3-29.27 3-29.26. Enrollment reporting.

(a) Annually, on or b efore October 1, each board shall report to the State Board all of the following student enrollment data: (1) The number of students enrolled at the start of the previous academic year. (2) The number of students enrolled full t ime at the start of the previous academic year. (3) The number of students enrolle d at the start of the current academic year. (4) The number of students e nrolled full time at the start of the current academic year. (5) The number of student s enrolled in online learning at the start of the previous academic year. (6) The number of students enrolled in in-person learning at the start of the previous academic year. (7) The number of students en rolled in online learning at the start of the current academic year. (8) The number of students enrolled in in-person learn ing at the start of the current academic year. (9) The rolling average numb er of students enrolled over the previous 5 ac ademic years. (b) The State Board shall post the student enrollment data reported under subsectio n (a) on its Internet website. (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.) (110 ILCS 805/3-65) Sec. 3-65. Employment contract limitations. (a) This Section applies to employment contracts entered into, amended, renewed, or extended after Sept ember 22, 2015 (the effective date of Publ ic Act 99-482) this amendatory Act of the 99th General Assembly. This Section does not apply to collec tive bargaining agreements. (b) The following apply to any employment contract entered into with an employee of the community college district: (1) Severance und er the contract may not exceed one year's year salary and applicable benefits. (2) A contrac t with a determinate start and end date may not exceed 4 years. (3) The contract may not include any automatic rollover clauses, and all renewals or extensions of contracts m ust be made during an open meeting of the board. ( 4) Public notice, in a form as determined by the State Board, must be given of an employment contract entered into , amended, renewed, or extended and must include a comple te description of the action to be taken, as well the contract itself, including all addendums or any other documents that change an initial contract.(Source: P.A. 99-482, eff. 9-22-15; revised 7-19-24.)

Sec tion 700. The Higher Education Student Assistance Act is amended by changing Sections 50 and 52 and by setting forth and renumbering m ultiple versions of Section 65.125 as follows: (110 ILCS 947/50) Sec. 50. Minority Teachers of Illinois scholarship program. (a) As used in this Section: "Eligible applicant" means a minority student who has graduated from high sc hool or has received a State of Illinois High School Diploma and has maintained a cumulative grade point a verage of no less than 2.5 on a 4.0 scale, and who by reas on thereof is entitled to apply for scholarships to be a warded under this Section. "Min ority student" means a student who is any of the following: (1) American Indian or Alaska Native (a person having origins in any of the original peoples of North and South America, including Central America, and who maintains triba l affiliation or community attachment).

(2) Asian (a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, i ncluding, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam). (3) Black or African Amer ican (a person having origins in any of the black racial g roups of Africa). ( 4) Hispanic or Latino (a person of Cuban, Mexican, Pue rto Rican, South or Central American, or other Spa nish culture or origin, regardless of race). (5) Native Hawaiian or Other Pac ific Islander (a person having origins in any of the original peoples of Hawa ii, Guam, Samoa, or other Pacific Islands). "Qualified bilingua l minority applicant" means a qualified student who demonst rates proficiency in a language other than English by ( i) receiving a State Seal of Biliteracy from the State Board of Education or (ii) receiving a passing score on an educator licensure targe t language proficiency test. "Qualified student" means a person (i) who is a r esident of this State and a citizen or permanent res ident of the United States; (ii) who is a minority s tudent, as defined in this Section; (iii) who, a s an eligible applicant, has made a tim ely application for a minority teaching scholarship under t his Section; (iv) who is enrolled on at least a half-time basis at a qualifie d Illinois institution of higher learning; (v) who is e nrolled in a course of study leading to teacher licen sure, including alternative teacher licensure, or, if the student is already licens ed to teach, in a course of study leading to an additional te aching endorsement or a master's degree in an academi c field in which he or she is teaching or plans to teach or who has received one or more College and Career Pathway Endorsements pursuan t to Section 80 of the Postsecondary and Workforce R eadiness Act and commits to enrolling in a course of study leading to teacher licensure, including alternative tea cher licensure; (vi) who maintains a grade point average o f no less than 2.5 on a 4.0 scale; and (vii) who continue s to advance satisfactorily toward the attainment of a degree. (b) In order to encourage acade mically talented Illinois minority students to pursue tea ching careers at the preschool or elementary or sec ondary school level and to address and alleviate the tea cher shortage crisis in this State described under th e provisions of the Transitions in Education Act, each quali fied student shall be awarded a minority teacher sch olarship to any qualified Illinois institution of higher learning. However, preference may be given to quali fied applicants enrolled at or above the junior level. (c) Each minority teacher scholarship aw arded under this Section shall be in an amount sufficient t o pay the tuition and fees and room and board costs of the qualified Illinois institution of higher learning at which the recipient is enrolled, up to an annual maximu m of $5,000; except that in the case of a recipient who do es not reside on-campus at the institution at which he or she is enrolled, the amount of the scholarship shall be sufficient to pay tuition and fee expenses and a commuter allowance, up to an annual maximum of $5,000. However, if at least $2,850,000 is appropriated in a given fiscal year for th e Minority Teachers of Illinois scholarship program, then, in each fiscal year thereafter, each scholarship awarded under this Section shall be in an amount sufficient to pay the tuit ion and fees and room and board costs of the qualified Illinois institution of higher learning at which the recipient is enrolled, up to an annual maximum of $7,500; except that in the case of a recipient who does not reside on-campus at the institution at which he or she is enrolled, the amount of the scholarship shall be sufficient to pay tuition an d fee expenses and a commuter allowance, up to an annual maximum of $7,500. (d) The total amount of m inority teacher scholarship assistance awarded by the Com mission under this Section to an individual in any given fiscal year, when added to other financial assistance awarded to that individual for that year, shall not exceed the cost of attenda nce at the institution at which the student is enrolled . If the amount of a minority teacher schol arship to be awarded to a qualified student as provided in su bsection (c) of this Section exceeds the cost of attenda nce at the institution at which the student is enrolled, th e minority teacher scholarship shall be reduced by an amoun t equal to the amount by which the combined financial assis tance available to the student exceeds the cost of attendanc e. (e) The maximum number of academic term s for which a qualified student can receive minority teacher s cholarship assistance shall be 8 semesters or 12 quarters. (f) In any academic year for which an eligible applican t under this Section accepts financial assistance through the Pa ul Douglas Teacher Scholarship Program, as autho rized by Section 551 et seq. of the Higher Education Act of 1965, the applicant shall not be eligible for scholarsh ip assistance awarded under this Section. (g) All applications for minority teacher scholarships to b e awarded under this Section shall be made to the Commission o n forms which the Commission shall provide for eligible applicants. The form o f applications and the information required to be set forth therein shall be determined by the Commission, and the Commissi on shall require eligible applicants to submit with th eir applications such supporting documents or recommendations a s the Commission deems necessary. (h) Subje ct to a separate appropriation for such purposes, paymen t of any minority teacher schol arship awarded under this Section shall be determined by the Commission. All scholarship funds distributed in ac cordance with this subsection shall be paid to the institution and used only for payment of the tuition and fee and room and board expenses incurred by the student in connection with h is or her attendance at a qualified Illinois institution of higher learning. Any minority teacher scholarship awarded un der this Section shall be applicable to 2 semesters or 3 qu arters of enrollment. If a qualified student wi thdraws from enrollment prior to completion of the first s emester or quarter for which the minority teacher scholarship is applicable, the school shall refund to the Commission the full amount of the minority teacher scholarship. (i) The Commission shall administer the minor ity teacher scholarship aid program established by thi s Section and shall make all necessary and proper rules not i nconsistent with this Section for its effective imple mentation.

(j) When an appropriation to the Commission for a given fis cal year is insufficient to provide scholarships to all qualifi ed students, the Commission shall allocate the appropriation in accordance with this subsection. If funds are insufficient to provide all qualified students with a scholarship as aut horized by this Section, the Commission shall allocate the a vailable scholarship funds for that fiscal year to qua lified students who submit a complete application form on or before a date specified by the Commission based on the f ollowing order of priority:

(1) To students who received a scholarship under this Section in the prior academic year and who remain eligibl e for a minority teacher scholarship under this Section. (2) Except as otherwise pr ovided in subsection (k), to students wh o demonstrate financial need, as determined by the Commis sion. (k) Notwithstanding paragraph (2) of subsection (j), at least 35% of the funds appropriated for scho larships awarded under this Section in each fiscal year shall be reserved for qualified male minority applicants, wit h priority being given to qualified Black male applicants b eginning with fiscal year 2023. If the Commission does not receive enough applications from qualified male minorities on or before January 1 of each fiscal year to award 3 5% of the funds appropriated for these scholarships to qua lified male minority applicants, then the Commission may award a portion of the reserved funds to qualified female minority applicants in accordance with subsection (j). Beginning with fiscal year 2023, if at least $2,850,000 but less than $4,200,000 is appropriated in a given fiscal year for scholarships awarded under this Section, then at least 10% of the funds appropriated shall be reserved for qualified bilingual minority ap plicants, with priority being given to qualified bilingual mi nority applicants who are enrolled in an educator preparat ion program with a concentration in bilingual, bicultural education. Beginning with fiscal year 2023, if at least $4,200,000 is appropriated in a given fiscal year for the Minority Teachers of Illinois scholarship program, then at least 30% of the funds appropriated shall be reserved for qualified bilingual minority applicants, with pr iority being given to qualified bilingual minority applicants who are enrolled in an educator preparation program with a co ncentration in bilingual, bicultural education. Beginning wit h fiscal year 2023, if at least $2,850,000 is appropriated in a given fiscal year for scholarships awarded under this Section but the Commission does not receive enough appl ications from qualified bilingual m inority applicants on or before January 1 of that fiscal year to award at least 10% of the funds appropriated to qu alified bilingual minority applicants, then the Commission may, in its discretion, award a portion of the reserved f unds to other qualified students in accordance with subsectio n (j). (l) Prior to receiving scholars hip assistance for any academic year, each recipien t of a minority teacher scholarship awarded under this Secti on shall be required by the Commission to sign an agreement un der which the recipient pledges that, within the one-ye ar period following the termination of the program f or which the recipient was awarded a minority teacher s cholarship, the recipient (i) shall begin teaching for a per iod of not less than one year for each year of scholarship ass istance he or she was awarded under this Section; (ii) shall fulfill this teaching obligation at a nonprofit Illinoi s public, private, or parochial preschool, elementary school , or secondary school at which no less than 30% of the enro lled students are minority students in the year during which t he recipient begins teaching at the school or may instead, if t he recipient received a scholarship as a qualified bilingual minority applicant, fulfill this teaching obligation in a progr am in transitional bilingual education pursuant to Article 14C of the School Code or in a school in which 20 or more English learner students in the same language classification are enro lled; and (iii) shall, upon request by the Commissio n, provide the Commission with evidence that he or she is fu lfilling or has fulfilled the terms of the teaching agreement provided for in this subsection. (m) If a recipient of a minority teacher scholarship awarded under this Section fails to fulfill the teaching obligation set forth in subsection (l) of this Section, the Commission shall require t he recipient to repay the amount of the scholarships receiv ed, prorated according to the fraction of the teaching obl igation not completed, at a rate of interest equal to 5%, an d, if applicable, reasonable collection fees. If a recipient who enters into repayment under this subsection (m) subsequentl y, within 5 years of entering repayment, begins to teach at a school meeting the description under subsection (l) of t his Section, the Commission may reduce the amount owed by the recipient in proportion to the amount of the teaching obliga tion completed. The Commission is authorized to establish rul es relating to its collection activities for repayment of schol arships under this Section. All repayments collected under thi s Section shall be forwarded to the State Comptroller for dep osit into the State's General Revenue Fund. ( n) A recipient of minority teacher scholarship shall not be co nsidered in violation of the agreement entered into p ursuant to subsection (l) if the recipient (i) enrolls on a full time basis as a graduate student in a course of stud y related to the field of teaching at a qualified Illinois ins titution of higher learning; (ii) is serving, not in excess of 3 years, as a member of the armed services of the Unit ed States; (iii) is a person with a temporary total d isability for a period of time not to exceed 3 years as es tablished by sworn affidavit of a qualified physician; (iv ) is seeking and unable to find full time employment as a te acher at an Illinois public, private, or parochial pre school or elementary or secondary school that satisfies th e criteria set forth in subsection (l) of this Section and is a ble to provide evidence of that fact; (v) becomes a person w ith a permanent total disability as established by sworn affid avit of a qualified physician; (vi) is taking additional c ourses, on at least a half-time basis, needed to obtain licensure as a teacher in Illinois; or (vii) is fulf illing teaching requirements associated with other program s administered by the Commission and cannot concurrently fulfill them under this Section in a period of time equal to the length of the teaching obligation. ( o) Scholarship recipients under this Section who withdraw from a program of teacher education but remain enrolled in sch ool to continue their postsecondary studies in another acade mic discipline shall not be required to commence repayment o f their Minority Teachers of Illinois scholarship so long as they remain enrolled in school on a full-time basis or i f they can document for the Commission special circumstances tha t warrant extension of repayment. (p) If the Minority Teachers of Illinois scholarship program d oes not expend at least 90% of the amount appropriated for the program in a given fiscal year for 3 consecutive fiscal ye ars and the Commission does not receive enough applications from the groups identified in subsection (k) on or before Ja nuary 1 in each of those fiscal years to meet the percentage reser ved for those groups under subsection (k), then up to 3 % of amount appropriated for the program for each of next 3 fi scal years shall be allocated to increasing awareness of the program and for the recruitment of Black male applicants. The Commission shall mak e a recommendation to the General Assembly by January 1 of the year immediately following the end of that third fiscal year regarding whether the amount allocated to increasing awareness and recruitment should continue. (q) Each qualified Illinois institution of higher lea rning that receives funds from the Minority Teachers of Illinois scho larship program shall host an annual information se ssion at the institution about the program for teacher candidates of c olor in accordance with rules adopted by the Commissi on. Additionally, the institution shall ensure that each scholarship recipient enrolled at the institution me ets with an academic advisor at least once per academic year to facilitate on-time completion of the recipient's edu cator preparation program. (r) The change s made to this Section by Public Act 101-654 will first t ake effect with awards made for the 2022-2023 academic y ear. (Source: P.A. 102-465, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-448, eff. 8-4-23; revised 7-19-24.) (110 ILCS 947/52) Sec. 52. Go lden Apple Scholars of Illinois Program; Golden Apple Found ation for Excellence in Teaching. (a) In this Section, "Foundation" means the Golden Apple Foundation for Excellence in Teaching, a registered 501( c)(3) not-for-profit corporation. (a-2) In order to encourage academically talented Illinois students, especially minority students, to pursue teaching careers, especially in teacher shortag e disciplines (which shall be defined to include early childhood education) or at hard-to-st aff schools (as defined by the Commission in consultation with th e State Board of Education), to provide those students with the crucial mentoring, guidance, a nd in-service support that will significantly increase the likelihood that they will comp lete their full teaching commitments and elect to continue teaching in targeted disciplines and hard-to-staff schools, and to ensure that students in this State will continue to have access to a pool of highly qualified highly-qualified teachers, each qualified student shall be awarded a Golden Apple Scholars of Illinois Program scholarship to any Illinois institution of higher learning. The Commission s hall administer the Golden Apple Scholars of Illinois Program, which shall be managed by the Foundation pursuant to the t erms of a grant agreement meeting the requirements of Section 4 o f the Illinois Grant Funds Recovery Act.

(a-3) For purposes of this Section, a qualified stude nt shall be a student who meets the following qualifications:

(1) is a resident of this State and a citizen or eligible noncitizen of the United States; (2) is a high school g raduate or a person who has received a State of Illinois High School Diploma; (3) is enrolled or accepted, on at least a half-time basis, at an institution of higher learning; (4) is pursuing a postsecondary course of study lead ing to initial certification or pursuing additional course work needed to gain State Board of Education approval to teach, including alternative teacher licensure; and (5) is a participant in prog rams managed by and is approved to receive a scholarship fr om the Foundation. (a-5) (Blank). (b) (Blank). (b-5) Funds designated for the Golden Apple Scholars of Illinois Program shall be used b y the Commission for the payment of scholarship assistance und er this Section or for the award of grant funds, subject to the Illinois Grant Funds Rec overy Act, to the Foundation. Subject to appropriation, awards of grant funds to the Foundation shall be made on an annual bas is and following an application for grant funds by the F oundation. (b-10) Each year, the Foundation shall inclu de in its application to the Commission for grant funds an estima te of the amount of scholarship assistance to be provided to qualified stu dents during the grant period. Any amount of appropria ted funds exceeding the estimated amount of scholarship assistance may be awarded by the Commission to the F oundation for management expenses expected to be incurred by the Foundation in providing the mentoring, guidance, and in-service supports that w ill increase the likelihood that qualified students will complete their teaching com mitments and elect to continue teaching in hard-to-staff s chools. If the estimate of the amount of scholarship assistanc e described in the Foundation's application is less than the actual amount required for the award of scholarship assi stance to qualified students, the Foundation shall be responsi ble for using awarded grant funds to ensure all qualified s tudents receive scholarship assistance under this Section. (b-15) All grant funds not expended or legally obligated within the time specified in a grant agreement between the Foundation and t he Commission shall be returned to the Commission within 45 d ays. Any funds legally obligated by the end of a grant agreement shall be liquidated within 45 days or otherwise returned to the Commission within 90 days after the e nd of the grant agreement that resulted in the award of grant f unds. (c) Each scholarship awarded under th is Section shall be in an amount sufficient to pay the tu ition and fees and room and board costs of the Illinois instituti on of higher learning at which the recipient is enrolled, up to an annual maximum of $5,000; except that, in the case of a recipient who does not reside on campus at the institution of higher lea rning at which he or she is enrolled, the amount of the scholar ship shall be sufficient to pay tuition and fee expenses and a commuter allowance, up to an annual maximum of $5,000. All scholarship funds distributed in accordance with this Sec tion shall be paid to the institution on behalf of recipients . (d) The total amount of scholarship assist ance awarded by the Commission under this Section to an ind ividual in any given fiscal year, when added to other f inancial assistance awarded to that individual for that year, shall not exceed the cost of attendance at the institution of h igher learning at which the student is enrolled. In any academ ic year for which a qualified student under this Section accept s financial assistance thr ough any other teacher scholarship program administered b y the Commission, a qualified student shall not be eligible f or scholarship assistance awarded under this Section. (e) A recipient may receive up to 8 semesters or 12 q uarters of scholarship assistance under this Section. Scholar ship funds are applicable toward 2 semesters or 3 quarters of enrollment each academic year. (f) A ll applications for scholarship assistance to be awarded u nder this Section shall be made to the Foundation in a form determined by the Foundation. Each year, the Foundation shall notify the Commission of the individuals awarded scholarship assistance unde r this Section. Each year, at least 30% of the Golden Appl e Scholars of Illinois Program scholarships shall be award ed to students residing in counties having a population of l ess than 500,000. (g) (Blank). (h) The Commission shall administer the payment of schol arship assistance provided through the Golden Apple Scholars of Illinois Program and shall make all necessary and prope r rules not inconsistent with this Section for the effect ive implementation of this Section. (i) Prio r to receiving scholarship assistance for any academic yea r, each recipient of a schol arship awarded under this Section shall be required by the Foundation to sign an agreement under which the recipient pledges that, within the 2-year period fo llowing the termination of the academic program for which the recipient was awarded a scholarship, the recipient: (i ) shall begin teaching for a period of not less than 5 years, (i i) shall fulfill this teaching obligation at a nonprofit Illi nois public, private, or parochial preschool or an Illi nois public elementary or secondary school that qualifies for t eacher loan cancellation under Section 465(a)(2)(A) o f the federal Higher Education Act of 1965 (20 U.S.C. 1087ee(a) (2)(A)) or other Illinois schools deemed eligible for fulfil ling the teaching commitment as designated by the Foundation, and (iii) shall, upo n request of the Foundation, provide the Foundation with evidence that he or she is fulfilling or has fulfilled the ter ms of the teaching agreement provided for in this subsec tion. Upon request, the Foundation shall provide evidence of teacher fulfillment to the Commission. (j) If a recipient of a scholarship awarded under this S ection fails to fulfill the teaching obligation set forth in subsection (i) of this Section, the Commission shall require the recipient to repay the amount of the scholarships receive d, prorated according to the fraction of the teaching obligatio n not completed, plus interest at a rate of 5% and, if applic able, reasonable collection fees. If a recipient who enters int o repayment under this subsection (j) subsequently, within 5 y ears of entering repayment, begins to teach at a school meeting the description under subsection (i) of this Section, the Commission may reduce the amount owed by the rec ipient in proportion to the amount of the teaching obliga tion completed. Reduction of the amount owed shall not be cons trued as reinstatement in the Golden Apple Scholars prog ram. Reinstatement in the program shall be solely at the dis cretion of the Golden Apple Foundation on terms determined by the Foundation. Payments received by the Commission under th is subsection (j) shall be remitted to the State Comptroller for deposit into the General Reven ue Fund, except that that portion of a recipient's repa yment that equals the amount in expenses that the Commission h as reasonably incurred in attempting collection from that rec ipient shall be remitted to the State Comptroller for deposit into the ISAC Accounts Receivable Fund, a special fun d in the State treasury. (k) A recipient of a scholarship awarded by the Foundation under this Section sh all not be considered to have failed to fulfill the teaching o bligations of the agreement entered into pursuant to subsec tion (i) if the recipient (i) enrolls on a full-time b asis as a graduate student in a course of study related to the field of teaching at an institution of higher lea rning; (ii) is serving as a member of the armed services of t he United States; (iii) is a person with a temporary total disability, as established by sworn affidavit of a qualified physician; (iv) is seeking and unable to find full-time employment as a teacher at a school that satisfies the criter ia set forth in subsection (i) and is able to provide evidence of that fact; (v) is taking additional courses, on at least a half-time basis, needed to obtain certification as a teacher in Illinois; (vi) is fulfilling teaching require ments associated with other programs administered by the Commis sion and cannot concurrently fulfill them under this Sect ion in a period of time equal to the length of the teaching obligation; o r (vii) is participating in a program established under Exe cutive Order 10924 of the President of the United States or t he federal National Community Service Act of 1990 (42 U.S.C. 12 501 et seq.). Any such extension of the period during which t he teaching requirement must be fulfilled shall be subject to lim itations of duration as established by the Commission.

(l) A recipient who fails to fulfill the teaching o bligations of the agreement entered into pursuant to subsect ion (i) of this Section shall repay the amount of scholarship assistance awarded to them under this Section within 10 years . (m) Annually, at a time determined by the Commission in consultation with the Foundation, the F oundation shall submit a report to assist the Commission in mon itoring the Foundation's performance of grant activities. The repor t shall describe the following: (1) the Foundation's anticipated expenditures for the nex t fiscal year; (2) the num ber of qualified students receiving scholarship assistance at e ach institution of higher learning where a qualified stud ent was enrolled under this Section during the previous fiscal year; (3) the total monetar y value of scholarship funds paid to each institution of highe r learning at which a qualified student was enrolled during the previous fiscal year; (4) the number of scholarship recipients who completed a baccalaurea te degree during the previous fiscal year; (5) the number of scholarship rec ipients who fulfilled their teaching obligation during the previous fiscal year; (6) the number of scholarship rec ipients who failed to fulfill their teaching obligation during the previous fiscal year; (7) the number of scholarship recipients granted an e xtension described in subsection (k) of this Section during the previous fiscal year; (8) the number of scholarship recipient s required to repay scholarship assistance in accorda nce with subsection (j) of this Section during the pr evious fiscal year; (9) the number of scholarship recipients who successfully repaid scholarsh ip assistance in full during the previous fiscal year;

(10) the number of sc holarship recipients who defaulted on their obligation to repay scholarship assistance during the previous fiscal year; (11) the amount of scholarship assistance subject to collection in accordance with s ubsection (j) of this Section at the end of the previous fisc al year; (12) the amount of collected funds to be rem itted to the Comptroller in accordance with subsection (j) of this Section at the end of the previous fiscal year; and (13 ) other information that the Commission may reasonably req uest. (n) Nothing in this Section s hall affect the rights of the Commission to collect moneys owe d to it by recipients of scholarship assistance through the Illinois Future Teacher Corps Program, repealed by Public Act 98-533. (o) The Auditor General shall prepare an annua l audit of the operations and finances of the Golde n Apple Scholars of Illinois Program. This audit shall be provided to the Governor, General Assembly, and the Com mission. (p) The suspension of gra nt making authority found in Section 4.2 of the Ill inois Grant Funds Recovery Act shall not apply to grants made pursuant to this Section. (Source: P.A. 102-1071, eff. 6-10-22; 102-1100, eff. 1-1-23; 103-154, eff. 6-30-23; 103-448, eff. 8 -4-23; revised 10-16-24.) (110 ILCS 94

7/65.125) Sec. 65.125.

Early Childhood Access Consortium for Equity Scholarship Progr am. (a) As used in this Section, "incumbent workforce" has the meaning ascribed t o that term in the Early Childhood Access Consortium for Eq uity Act. (b) Subject to appropriation, the Commissi on shall implement and administer an early childhood educ ator scholarship program, to be known as the Early Childhood Access Consortium for Equity Scholarship Program. Und er the Program, the Commission shall annually award scholarships t o early childhood education students enrolled in insti tutions of higher education participating in the Early Childhoo d Access Consortium for Equity under the Early Childhood Acces s Consortium for Equity Act with preference given to members of the incumbent workforce. (c) To ensure alignment with Consortium goals and changing workforce needs, the Commission shall work in partnership with the Board of Higher Education and t he Illinois Community College Board in program design, and the Board of Higher Ed ucation and the Illinois Community College Board shall solicit feedback from the Consor tium advisory committee established under Section 25 of the Early Childhood Access Consortium for Equity Act. (d) In awarding a scholarship under this Sectio n, the Commission may give preference to appl icants who received a scholarship under this Sectio n during the prior academic year, to applicants with financial need, or both. (e) Prior to receivi ng scholarship assistance for any academic year, each recipien t of a scholarship awarded under this Section shall be req uired by the Commission to sign an agreement under which the recipient pledges to continue or return to teaching or di rect services in the early childhood care and education field in this State after they complete their program of stud y. (f) The Commission ma y adopt any rules necessary to implement and administer the Program.(Source: P.A. 103-588, eff. 6-5-24.) (110 ILCS 947/65.130)

Sec. 65.13 0 65.125. Journalism Student Scholarship Program. (a) As used in this Section, "local news organization" has the me aning given to that term in the Strengthening Community Medi a Act. (b) In order to encourage academically talented Illinois students to pursue careers in journalism, e specially in underserved areas of the State, and to pr ovide those students with financial assistance to increase th e likelihood that they will complete their full academic com mitment and elect to remain in Illinois to pursue a career in journalism, subject to appropriation, not sooner than the 2025-2026 academic year, the Commission shall impleme nt and administer the Journalism Student Sc holarship Program. The Commission shall annually awa rd scholarships to persons preparing to work in Illi nois, with preference given to those preparing to work in underserved areas. These scholarships shall be award ed to individuals who make application to the Commission and agree to sign an agr eement under which the recipient pledges that, within the 2-year period following the termination of the academic prog ram for which the recipient was awarded a sc holarship, the recipient shall: (1) begin working in journalism in this State for a pe riod of not less than 2 years ; (2) fulfill this obl igation at local news organization; and (3) upon request of the Commission, provide the Commission with evidence that the recipient is fulfilling or has fulfilled the terms of the teaching agreement provi ded for in this subsection. (c) An eligible student is a student who meets the following qualifications: (1) is a resident of this State a nd a citizen or eligible noncitizen of the United States; (2) is a high school gradua te or a person who has received an Illinois high sch ool diploma; (3) is enr olled or accepted, on at least a half-time basis, at an institution of higher learning; and (4) is pursuing a postsecondary course of study leadi ng to a career in journalism or a similar field.

(d) Each scholarship shall be used by the recipient for the payment of tuition and fees at an institution of higher learning. (e) The Commission shall ad minister the Program and shall adopt all necessa ry and proper rules not inconsistent with this Section for its effective implementation.(Source: P.A. 103-1021, eff. 1-1-25; r evised 12-3-24.) Section 705. The Student Loan Servicing Rights Act is amended by changing Section 5-70 as follows: (110 ILCS 992/5-70) Sec. 5-70. Cosigner release rights. (a) A servicer may not impose any restriction that permanently bars a borrower from qualifying for cosigner release, inclu ding restricting the number of times a borrower may apply for cosigner r elease. (b) A servicer may not impose any negative consequences on a borrower or cosigner during t he 60 days following the iss uance of the notice required pursuant to subsection (c) of Section 5-50 of this Act or until the servicer makes a final determination about a borrower's cosigner release ap plication, whichever occurs later. As used in this subsection (b), "negative consequences" includes the imposition of additional eligibility criteria, negative credit reporting, lost eligibility or cosigner release, late fees, interest capitalization, or other financial injury. (c) For any private education loan issued on or after August 2, 2024 (the effective dat e of Public Act 103-748) this amendatory Act of the 103rd General Assembly, a servicer may not require proof of more than 12 consecutive, on-time payments as part of the criteria for cos igner release. A borrower who has paid the equivalent of 12 months of principal and interest payments within any 12-month period is deemed to have satisfied the co nsecutive, on-time payment requirement even if the bo rrower has not made payments monthly during the 12-month period. If a borrower or cosigner requests a change in terms that restarts the count of consecutive, on-time payment s required for cosigner release, the servicer shall notify the borrower and cosigner in writing of the impact of the ch ange and provide the borrower and cosigner with the right to w ithdraw or reverse the request to avoid the impact. (d) A borrower may request an appeal of a servicer's determination to deny a request for cosigner release, and the servicer shall permit the borrower to submit a dditional documentation evidencing the borrower's ability, willingness, and stability to meet the payment obli gations. The borrower may request that another employee of the servicer re view the cosigner release determination. (e ) A servicer shall establish and maintain a comprehensive record management system reasonably designed to ensure the acc uracy, integrity, and completeness of information about cosigner rel ease applications and to ensure compliance with applicable State a nd federal laws. The system must include the number of cosigner release cosigner-release applications received, the approval and denial rate, and the primary reasons for any denial.(Sour ce: P.A. 103-748, eff. 8-2-24; revised 10-21-24.) Section 710. The Workforce Development th rough Charitable Loan Repayment Act is amended by changing Sec tion 10-1 as follows: (110 ILC

S 998/10-1) Sec. 10-1. Short title. This Article Act may be cited as the Workforce Development throu gh Charitable Loan Repayment Act. Refer ences in this Article to "this Act" mean this Article.(Source: P.A. 103-592, eff. 6-7-24; r evised 10-23-24.) Section 715. The Illinois Educational Labor Relations Act is amended by changing Section 5 as follows: (115 ILCS 5/5) (from Ch. 48, par. 1705) Sec. 5. I llinois Educational Labor Relations Board. (a) There is hereby created the Illinois Educational Labor Relations Board. (a-5) Until July 1, 2003 or when all of the new members to be initially appointed under Public Act 93-509 this amendatory Act of the 93rd General Assembly have been appoi nted by the Governor, whichever occurs later, the Illinois Educational L abor Relations Board shall consist of 7 members, no more than 4 of wh om may be of the same p olitical party, who are residents of Illinois appointed by the Governor with the advice and consent of the Senate. The term of each appointed member of the Board who is in office on June 30, 2003 shall terminate at the close of business on that date or whe n all of the new members to be initially appointed under Public Act 93-509 this amendatory Act of the 93rd General Assembly have been appointed by the Governor, whichever occurs later. (b) Beginning on July 1, 2003 or when all of the new members to be initially appointed under this a mendatory Act of the 93rd General Assembly have been appoin ted by the Governor, whichever occu rs later, the Illinois Educational Labor Relations Board shall co nsist of 5 members appointed by the Governor with the advice and consent of the Senate. No more than 3 members may be of the same political party. The Gove rnor shall appoint to the Board only persons who are reside nts of Illinois and have had a minimum of 5 years of experience directly related to labor and employment relations in represent ing educational employers or educational employees in coll ective bargaining matters. One appointed member shall be designated at the time of his or her appo intment to serve as chairman. Of the i nitial members appointed pursuant to Public Act 93 -509 this amendatory Act of the 93rd General Assembly, 2 shall be designated at the time of appointment to serve a term of 6 year s, 2 shall be designated at the time of appointment to serve a term of 4 years, and the other shall be de signated at the time of his or her appointment to serve a term of 4 years, with each to serve until his or her successor is ap pointed and qualified. Each subsequ ent member shall be appointed in like manner for a term of 6 years and until his or her successor is appointed and quali fied. Each member of the Board is eligible for reappointment. Vacanci es shall be filled in the same manner as original appoint ments for the balance of the unexpired term.

(c) The chairman shall be paid $50,000 per year, or an amount set by the Compensation Review Board, whichever is greater. Oth er members of the Board shall each be paid $45,000 per year, or an amount set by the Compensation Review Board, whichever is greater. They shall be entit led to reimbursement for necessary traveling and other official e xpenditures necessitated by their official duties. Each member shall devote his en tire time to the duties of the office, and shall hold no other office or position of profit, nor engage in any other business, employment, or vocation.

(d) Three members of the Board constitute a quorum and a vacanc y on the Board does not impair the right of the remaining membe rs to exercise all of the powe rs of the Board. (e) Any member of the B oard may be removed by the Governor, upon notice, for ne glect of duty or malfeasance in office, but for no other cause . (f) The Board may appoint or employ a n executive director, attorneys, hearing officers, and such other employees as it deems n ecessary to perform its functions, except that the Boar d shall employ a minimum of 8 attorneys and 5 investigator s. The Board shall prescribe the duties and qualifications of s uch persons appointed and, subject to the annual appropriatio n, fix their compensation and provide for reimbursement of act ual and necessary expenses incurred in the performance o f their duties. (g) The Board may promu lgate rules and regulations which allow parties in proceed ings before the Board to be represented by counsel or any other person knowledgeable in the matters under consideration. (h) To accomplish the o bjectives and to carry out the duties prescribed by this Act, the Board may subpoena witnesses, subpoena the production o f books, papers, records, and documents which may b e needed as evidence on any matter under inquiry and may adm inister oaths and affirmations. In cases of n eglect or refusal to obey a subpoena i ssued to any person, the circuit court in the county in whi ch the investigation or the public hearing is taking place, upon application by the Board, may issue an order requirin g such person to appear before the Board or any me mber or agent of the Board to produce evidence or give t estimony. A failure to obey such order may be punished by the court as in civil contempt. Any subpoena, notice of hearing, or other process or notice of the Board issu ed under the provisions of this Act may be serv ed by one of the methods permitted in the Board's rules. (i) The Board shall adopt, promulg ate, amend, or rescind rules and regulations in accordance w ith the Illinois Administrative Procedure Act as it deems necessary and feasible to carry out this Act. (j) The Board at the end of every Sta te fiscal year shall make a report in writing to the Governor and the General Ass embly, stating in detail the work it has done to carry out t he policy of the Act in hearing and deciding cases and otherwise. The Board 's report shall include: (1) the number of unfair labor practice charges filed du ring the fiscal year; ( 2) the number of unfair labor practice charges resolved duri ng the fiscal year; (3) the t otal number of unfair labor charges pending before the Board at the end of the fiscal year; (4) the number o f unfair labor charge cases at the end of the fiscal year that have been pending before the Board between 1 and 100 d ays, 101 and 150 days, 151 and 200 days, 201 and 250 days, 251 and 300 days, 301 a nd 350 days, 351 and 400 days, 401 and 450 days, 451 and 500 days, 501 and 550 days, 551 and 600 days, 601 and 650 days, 651 and 700 days, and over 701 days; (5) the number of repre sentation cases and unit clarification cases filed during the fiscal year; (6) t he number of representation cases and unit clarification cases resolved during the fiscal year; (7) the total number of representation cases and unit clarific ation cases pending before the Board at the end of the fisca l year; (8) the nu mber of representation cases and unit clarification ca ses at the end of the fiscal year that have been pending befor e the Board between 1 and 120 days, 121 and 180 days, and o ver 180 days; and (9) the Board's progres s in meeting the timeliness goals established pursuant to the criteria in Section 15 of this Act; the report shall inclu de, but is not limited to: (A) the average number of days taken to complete investigations and issue complaints, dismissals, or deferrals; (B) the average number of days taken for the Bo ard to issue decisions on appeals of dismissals or def errals; (C) the average number of days taken to schedule a hearing on complaints once issued ; (D) the average number of days taken to issue a recommended decision and order once the record is c losed; (E) the ave rage number of days taken for the Board to iss ue final decisions on recommended decisions w hen where exceptions have been filed;

(F) the average number of days taken for the Board to issue final decisions decision on recommended decisions when no exceptions have been fi led; and (G) in c ases where the Board was unable to meet the timeliness goals established in Section 15, an expl anation as to why the goal was not met. (Source: P.A. 10 2-797, eff. 1-1-23; 10 3-856, eff. 1-1-25; revised 11-22-24.) Section 720. The Illinois Banking Act is amended by changing Section 2 as fol lows:

(205 ILCS 5/2) (from Ch. 17, par. 302) Sec. 2. General definitions. In this Act, unless the context otherwise requires, the following words and phrases shall have t he following meanings: "Accommodation party" shall have the meaning ascribed to that term in Section 3-419 of the Uniform Commercial Code. "Action" in the sense of a judicial proceeding include s recoupments, counterclaims, set-off, and any other proce eding in which rights are determined. "Affiliate facility" of a bank means a main bankin g premises or branch of another commonly owned bank. The main banking premises or any branch o f a bank may be an "affiliate facility" with respect to one or more other commonly owned banks. "Appropriate federal banking agency" means the Federal Deposit Insurance Corporation, the Federal Re serve Bank of Chicago, or the Federal Reserve Bank of St. Louis, as determined by federal law.

"Bank" means any person doing a banking business whether subject to the laws of this or any other jurisdict ion. A "banking house", "branch", "branch bank", or "branch office" shall mean any place of business of a bank at which deposits are received, checks paid, or loans made, but shall not include any place at which only records thereof are m ade, posted, or kept. A place of business at which deposits are received, checks pa id, or loans made shall not be deemed to be a branch, br anch bank, or branch office if the place of business is adjacent to and connected with the main banking premises, or i f it is separated from the main banking premises by not more than an alley; provided always that (i) if the plac e of business is separated by an alley from the main banking p remises there is a connection between the two by public or private way or by subterr anean or overhead passage, and (ii) if the place of bus iness is in a building not wholly occupied by the bank, the place of business shall not be within any office or r oom in which any other business or service of any kind or nature other than the business of the bank i s conducted or carried on. A place of business at which deposits are rece ived, checks paid, or loans made shall not be deemed to be a branch, branc h bank, or branch office (i) of any bank if the place is a t erminal established and maintained in accordance with paragra ph (17) of Section 5 of this Act, or (ii) of a commonly owned bank by virtue of transactions conducted at that place on b ehalf of the other commonly owned bank under paragraph (23) of Section 5 of this Act if the place is an affiliate facil ity with respect to the other bank. "Branc h of an out-of-state bank" means a branch establish ed or maintained in Illinois by an out-of-state bank as a result of a merger between an Illinois bank an d the out-of-state bank that occurs on or afte r May 31, 1997, or any branch established by the out-of-state bank following the merger. "Byla ws" means the bylaws of a bank that are adopted by the bank's bo ard of directors or shareholders for the regulation and manag ement of the bank's affairs. If the bank operates as a lim ited liability company, however, "bylaws" means the operating a greement of the bank. "Call report fee" means the fee to be paid to the Commissioner by each State bank purs uant to paragraph (a) of subsection (3) of Section 48 of this Act. "Capital" includes the aggreg ate of outstanding capital stock and preferred stock. "Cash flow reserve account" means the account within the books and records of the Commissioner of Banks and Re al Estate used to record funds designated to maintain a reasonable Bank and Trust Company Fund operating balance to meet agency obligat ions on a timely basis. "Charter" includes the original charter and all amendments thereto and articles of merger or consolidation. "Commissioner" means the Commissioner of Banks and Real Estate, except that beginning on April 6, 2009 (the effective date of Public A ct 95-1047), all references in this Act to the Commiss ioner of Banks and Real Estate are deemed, in appropriate con texts, to be references to the Secretary of Financial and Profes sional Regulation. "Commonly owned ba nks" means 2 or more banks that each qualify as a b ank subsidiary of the same bank holding company pu rsuant to Section 18 of the Federal Deposit Insurance Act; "c ommonly owned bank" refers to one of a group of commonly own ed banks but only with respect to one or more of the oth er banks in the same group. "Community" means a city, village, or incorporated town and also includes the area served by the banking offices of a b ank, but need not be limited or expanded to conform to the geo graphic boundaries of units of local government. "Company" means a corporation, limited liability company, partnership, business trust, associatio n, or similar organization and, unless specifically excluded, inclu des a "State bank" and a "bank". "Cons olidating bank" means a party to a consolidation.

"Consolidation" takes place when 2 or more banks, or a trust co mpany and a bank, are extinguished and by the same pr ocess a new bank is created, taking over the assets and ass uming the liabilities of the banks or trust company passi ng out of existence. "Continuing bank " means a merging bank, the charter of which becomes the chart er of the resulting bank. "Converting bank" means a State bank converting to become a national bank, o r a national bank converting to become a State bank. "Converting trust company" means a trust company converting to become a State bank.

"Court" means a court of competent jurisdiction. "Director" means a member of the board of d irectors of a bank. In the case of a manager-managed limited lia bility company, however, "director" means a manager of the bank and, in the case of a member-managed limi ted liability company, "director" means a member of the ban k. The term "director" does not include an ad visory director, honorary director, director emeritus, or similar person, unless the person is otherwise performing functions si milar to those of a member of the board of directors. "Director of Banking" means the Director of t he Division of Banking of the Department of Financial and Profe ssional Regulation. "Eligible depository institution" means an insured s avings association that is in default, an insured savings associati on that is in danger of default, a State or national bank that is in default or a State or national bank that is in d anger of default, as those ter ms are defined in this Section, or a new bank as that term is defined in Section 11 (m) of the Federal Deposit Insurance Act or a bridge bank as that t erm is defined in Section 11(n) of the Federal Deposit In surance Act or a new federal savings association authorized und er Section 11(d)(2)(f) of the Federal Deposit Insurance Act. "Fiduciary" means trustee, agent, executor, admi nistrator, committee, guardian for a minor or for a person under legal disability, receiver, trustee in bankruptcy, a ssignee for creditors, or any holder of similar position of trust. "Financial institution" means a bank, savings bank, savings and loan associatio n, credit union, or any licensee under the Consumer Insta llment Loan Act or the Sales Finance Agency Act and, for pu rposes of Section 48.3, any pro prietary network, funds transfer corporation, or other enti ty providing electronic funds transfer services, or any corpora te fiduciary, its subsidiaries, affiliates, parent company, or contractual service provider that is examined by the Commiss ioner. For purposes of Section 5c and subsection (b) of Sectio n 13 of this Act, "financial institution" includes any proprietary network, fund s transfer corporation, or other entity providing electronic fu nds transfer services, and any corporate fiduciary. "Foundation" means the Illinois Bank Examiner s' Education Foundation. "General obligation" mean s a bond, note, debenture, security, or other instrument ev idencing an obligation of the government entity that is the issuer that is supported by the full available resources o f the issuer, the principal and interest of which is payable in whole or in part by taxation. "Guarantee" m eans an undertaking or promise to answer for payment of anot her's debt or performance of another's duty, liability, or ob ligation whether "payment guaranteed" or "collection guarantee d". "In danger of default" means a State or n ational bank, a federally chartered insured savings a ssociation, or an Illinois state chartere d insured savings association with respect to which t he Commissioner or the appropriate federal banking agency has a dvised the Federal Deposit Insurance Corporation that:

(1) in the opinion of the Co mmissioner or the appropriate federal banking agency, (A) t he State or national bank or insured savings association i s not likely to be able to mee t the demands of the State or national bank's or sav ings association's obligations in the normal course of busines s; and (B) there is no reasonable prospect that the State or national bank or insured savings association will be able to meet those demands or pay those obli gations without federal assistance; or (2) in the opinion of the Commissioner or t he appropriate federal banking agency, (A) the State or na tional bank or insured savings association has incurred o r is likely to incur losses that will deplete all or substantially all of its capital; and (B) there is no reasonable prospect that the capital of the State or national bank or insured savings association wil l be replenished without federal assistance. "In default" means, with respect to a State or national bank or an insured savings association, any adj udication or other official determination by any court of comp etent jurisdiction, the Commissioner, the appropr iate federal banking agency, or other public author ity pursuant to which a conservator, receiver, or other legal custodian is appointed for a Sta te or national bank or an insured savings association. "Insured savings association" means any fed eral savings association chartered under Section 5 of t he federal Home Owners' Loan Act and any State savings associ ation chartered under the Illinois Savings and Loan Act of 1985 or a predecessor Illinois statute, the deposits of whi ch are insured by the Federal Deposit Insurance Corporation. T he term also includes a savings bank organized or oper ating under the Savings Bank Act. "Insured savings association in recovery" means an insured savings association that is not an elig ible depository institution and that does not mee t the minimum capital requirements applicable wi th respect to the insured savings asso ciation. "Issuer" means for purposes o f Section 33 every person who shall have issued or proposed to issue any security; except that (1) with respect to certificates of deposit, voting trust certificates, coll ateral-trust certificates, and certificates of interest or shares in an unincorporated investment trust not having a board of directors (or persons performing similar f unctions), "issuer" means the p erson or persons performing the acts and assuming the du ties of depositor or manager pursuant to the provisions of the trust, agreement, or instrument under which the securiti es are issued; (2) with respect to trusts other than those specified in clause (1) above, where the trustee i s a corporation authorized to accept and execute trusts, "issue r" means the entrusters, depositors, or creators of the trust and any manager or committee charged with the general direction of the affairs of the trust pur suant to the provisions of the agreement or instrument creating the trust; and (3) with respect to equipment t rust certificates or like securities, "issuer" means the per son to whom the equipment or pr operty is or is to be leased or conditionally sold. "Letter of credit" and "customer" shall have the meanings ascribed to those terms in Section 5-102 of the Uniform Commercial Code. "Main banking premises" m eans the location that is designated in a bank's charter as its main office. "Maker or obligor" means for purposes of Section 33 the issuer of a security, the promis or in a debenture or other debt security, or the mortgago r or grantor of a trust deed or similar conveyance of a security interest in real or personal property. "Merged bank" means a merging bank that is not the continuing, resulting, or surviving bank in a consolidation or merger. "Merger" includes consolidation. "Merging bank" means a party to a bank merger. "Merging trust company" means a trust company party to a merger with a State bank. "Mid-tier bank holding company" means a corporati on that (a) owns 100% of the issued and outstanding shares of each class of stock of a State bank, (b) has no other su bsidiaries, and (c) 100% of the issued and outstanding shares of the corporation are owned by a parent bank holding company. "Municipality" means any municipality, political s ubdivision, school district, taxing district, or ag ency. "National bank" means a national banking asso ciation located in this State and after May 31, 1997, me ans a national banking association without regard to its locatio n. "Out-of-state bank" mean s a bank chartered under the laws of a state other than Illino is, a territory of the Unite d States, or the District of Columbia.

"Parent bank holding company" means a corporation that is a bank holding company as that term is defined in the Illinois Bank Holding Company Act of 1957 and owns 100% of the issued and outstanding s hares of a mid-tier bank holding company. "Person" means an individual, corpo ration, limited liability company, partnership, joint venture, trust, estate, or unincorporated association. "Public agency" means the State of Illinois, the various c ounties, townships, cities, towns, villages, school distr icts, educational service regions, special road districts, public water su pply districts, fire protection districts, draina ge districts, levee districts, sewer districts, housing authorities, the Ill inois Bank Examiners' Education Foundation, the Chica go Park District, and all other political corporations or subdi visions of the State of Illinois, whether now or hereafter created, wh ether herein specifically mentioned or not, and shall also include any other state or any political corporation or subdivision o f another state. "Public funds" or "p ublic money" means current operating funds, special funds, interest and sinking funds, and funds of any kind or character belonging to, in the custody of, or subject to the control o r regulation of the United States or a public agency. "Public funds" or "public mon ey" shall include funds held by any of the officers , agents, or employees of the United States or of a public age ncy in the course of their official duties and, w ith respect to public money of the United States, shall i nclude Postal Savings funds. "Publi shed" means, unless the context requires otherwise, t he publishing of the notice or instrument referred to in s ome newspaper of general circulation in the community in which the bank is located at least once each week for 3 su ccessive weeks. Publishing shall be accomplished by, and at the expense of, the bank required to publish. Where publis hing is required, the bank shall submit to the Commissioner that evidence of the publication as the Commissioner shal l deem appropriate. "Qualified financial contract" means any security cont ract, commodity contract, forward contract, including spo t and forward foreign exchange contracts, repurchase agreement, swap agreement, and any similar agreement, any option to enter into any such agreement, including any combination of the foregoing, and any master agreement for such agreements. A ma ster agreement, together with all supplements thereto, shall be treated as one qualified financial contract. The contract, option, agreement, or combination of contracts, options, or agreements shall be reflected upon the books, accounts, or record s of the bank, or a party to the contract shall provide do cumentary evidence of such agreement. "Record ed" means the filing or recording of the notice or instrument r eferred to in the office of the Recorder of the county wherein t he bank is located. "Resulting bank" means the bank resulting from a merger or conversion. "Secretary" means the Secretary of Financial and Profess ional Regulation, or a person authorized by the Secretary or by this Act t o act in the Secretary's stead. "Securities" means stocks, bonds, debentures, notes, or other similar obligations. "Stand-by letter of credit" means a letter of credit under which drafts are paya ble upon the condition the customer has defaulted in perfo rmance of a duty, liability, or obligation. "State bank" means any banking corporation that has a bankin g charter issued by the Commissioner under this Act. "State Banking Board" means the State Banking Board of Illinois. "Subsidiary" with respect t o a specified company means a company that is controlled by th e specified company. For purposes of paragraphs (8) and (1 2) of Section 5 of this Act, "control" means the exercise of operational or managerial control of a corporation by the bank, either alone or together with other affiliates of the bank. "Surplus" means the aggregat e of (i) amounts paid in exces s of the par value of capital stock and preferred stock; (ii) amounts contributed other than for capital stock and preferred stock and allocated to the surplus account; and (iii) am ounts transferred from undivided profits. "Tier 1 Capital" and "Tier 2 Capital" hav e the meanings assigned to those terms in regulations promulgated for the appropriate federal banking agency of a state bank, as those regulations are now or hereafter amended. "Trust comp any" means a limited liability company or corporation incorporated in this State for the purpose of accepting and executing trusts.

"Undivided profits" means undistribu ted earnings less discretion ary transfers to surplus. "Unimpaired c apital and unimpaired surplus", for the purposes of parag raph (21) of Section 5 and Sections 32, 33, 34, 35.1, 35.2, an d 47 of this Act means the sum of the state bank's Tier 1 Capital and Tier 2 Capital plus such other shareholder equity a s may be included by regulation of the Commissioner. Unimpaired capital and unimpaired surplus shall be ca lculated on the basis of the date of the last quarterly call r eport filed with the Commissioner preceding the date of th e transaction for which the calculation is made, provided that: (i) when a material event occurs after the date of the last qu arterly call report filed with the Commissioner that red uces or increases the bank's unimpaired capital and unimpai red surplus by 10% or more, then the unimpaired capital and u nimpaired surplus shall be calculated from the date of the m aterial event for a transaction conducted after the d ate of the material event; and (ii) if the Commissioner de termines for safety and soundness reasons that a s tate bank should calculate unimpaired capital and unim paired surplus more frequently than provided by this p aragraph, the Commissioner may by written notice dire ct the bank to calculate unimpaired capital and unimpaired su rplus at a more frequent interval. In the case of a state bank newly chartered under Section 13 or a state bank resulti ng from a merger, consolidation, or conversion under Sectio ns 21 through 26 for which no preceding quarterly call report has been filed with the Commissioner, unimpaired capital and unimpaired surplus shall be calculated for the first calendar quarter on the basis of the effective date of the charter, m erger, consolidation, or conversion.(Source: P .A. 95-924, eff. 8-26-08; 95-1047, e ff. 4-6-09; 96-1000, eff. 7-2-10; 96-1163, eff. 1-1-11; revised 8-6-24.) Section 725. The Assisted Living and Sh ared Housing Act is amended by changing Section 10 as foll ows: (210 ILCS 9/10) (Text of Section befo re amendment by P.A. 103-844) Sec. 10. Definitions. For purposes of this Act: "Activities of daily living" means eating, dressing, bathing, toileting, transferring, or personal hygiene. "Assiste d living establishment" or "establishment" means a home, buil ding, residence, or any other place where sleeping accommodations are pro vided for at least 3 unrelated adults, at least 80% of whom are 55 years of age or older and w here the following are provided consistent with the purposes of this Act: (1) services consistent with a social model that is based on the premise that the resident's unit in assisted li ving and shared housing is his or her own home; (2) community-based residential care for persons who need assistance with activities of daily living, including pe rsonal, supportive, and intermittent health-related services avail able 24 hours per day, if needed, to meet the scheduled and unscheduled needs of a resident; (3) ma ndatory services, whether provided directly by the establishment or by another entity arranged for by the establishmen t, with the consent of the resident or resident's rep resentative; and (4) a physical enviro nment that is a homelike setting that includes the followin g and such other elements as established by the Department: i ndividual living units each of which shall accommodate small kitchen appliances and contain private bathing, washing, and toi let facilities, or private washing and toilet facilities wit h a common bathing room readily ac cessible to each resident. Units shall be maintained for s ingle occupancy except in cases in which 2 residents choos e to share a unit. Sufficient common space shall exist to permit individual and group activities. "Assisted living establishme nt" or "establishment" does not mean any of the following: (1) A home, institution, or similar place operated by the federal government or t he State of Illinois. (2) A long term care fa cility licensed under the Nursing Home Care Act, a facility licensed under the Specialized Mental Health Rehabilitatio n Act of 2013, a facility licensed under the ID/DD Community Care Act, or a facility licensed under the MC/DD A ct. However, a facility licensed under any of those Acts may convert distinct parts of the facility to assisted liv ing. If the facility elects to do so, the facility shal l retain the Certificate of Need for its nursing and shel tered care beds that were converted. (3) A hospital, sanitarium, or othe r institution, the principal activity or business of which is the diagnosis, care, and treatment of human illness an d that is required to be licensed under the Hospita l Licensing Act. (4) A facility for child care as defined in t he Child Care Act of 1969.

(5) A community living facility as defined in the Comm unity Living Facilities Licensing Act. (6) A nursing home or sanitarium operated solely by and for pers ons who rely exclusively upon treatment by spiritual me ans through prayer in accordance with the creed or te nants of a well-recognized church or religious den omination. (7) A facilit y licensed by the Department of Human Services as a communi ty-integrated living arrangement as defined in t he Community-Integrated Living Arrangements Licensur e and Certification Act. (8) A supportive residence licensed under the Supportive Residences Licensing Act. (9) The portion of a life care facility as defined in the Life Care Facilities Act not licensed a s an assisted living establishment under this Act; a life care facility may apply under this Act to convert sections of the community to assisted living. (10) A free-standing hospice facility licensed u nder the Hospice Program Licensing Act. (11) A shared housing establishment. (12) A supportive living facility as de scribed in Section 5-5.01a of the Illinois Public Aid Code. "Certified medication aid e" means a person who has met the qualifications for certificati on under Section 79 and assists with medica tion administration while under the supervision of a regi stered professional nurse as authorized by Section 50-75 of the Nurse Practice Act in an assisted living establishment.

"Department" means the Department of Publi c Health. "Director" means the Dir ector of Public Health. "Emergency situation" me ans imminent danger of death or serious physical harm to a r esident of an establishment. "License" means any of the following types of licenses issued to an applicant or licensee by the Department: (1) "Probationary license" means a license issued to an applicant or licensee that has not held a li cense under this Act prior to its application or pursuant to a l icense transfer in accordance with Section 50 of this Act. (2) "Regular license" means a lice nse issued by the Department to an applicant or licensee that is in subst antial compliance with this Act and any rules promulgated u nder this Act. "Licensee" means a person, ag ency, association, corporation, partnership, or organization t hat has been issued a license to operate an assisted living or shared housing establishment. "Licensed health care professional" mea ns a registered professional nurse, an advanced practice registered nu rse, a physician assistant, and a licensed practical nurse.

"Mandatory services" include the following: (1) 3 meals per day available to the res idents prepared by the establishment or an outside cont ractor; (2) housekeeping services including, but not limited to, vacuuming, dusting, and cleaning the resid ent's unit; (3) personal laundry and linen services available to the residents prov ided or arranged for by the establishment; (4) security provided 24 hours each day including, but not li mited to, locked entrances or building or contract security personnel; (5) an emergency communication response s ystem, which is a procedure in place 24 hours ea ch day by which a resident can notify building management, an e mergency response vendor, or others able to respond to his or her need for assistance; and (6) assistance with a ctivities of daily living as required by each resident. "Negotiated risk" is the process by which a resident, or h is or her representative, may formally negotiate with providers what risk s each are willing and unwilling to assume in service provision and the resident's living environment. The provider assures that the resid ent and the resident's representative, if any, are informed of the risks of these decisions and of the potential consequences of assuming these ri sks. "Owner" means the individual, partne rship, corporation, association, or other pers on who owns an assisted living or shared hou sing establishment. In the event an assisted living or shared housing establishment is operated by a person who leases or manages the physical plant, which is owned by another person, "owner" means the person who operates the a ssisted living or shared housing establishment, excep t that if the person who owns the physical plant is an affiliate of the person who operates the assisted living or shared housing establishment and has significant c ontrol over the day to day operations of the assisted li ving or shared housing establishment, the per son who owns the physical plant shall incur jointly and s everally with the owner all liabilities imposed on an o wner under this Act. "Physician" means a per son licensed under the Medical Practice Act of 1987 to pract ice medicine in all of its branches. "Pr ogram" means the Certified Medication Aide Program.

"Qualified establishment" means an assisted living and shared housing estab lishment licensed by the Department of Public Health. "Resident" means a person residing in an as sisted living or shared housing establishment. "Resident's representative" means a person, other than th e owner, agent, or employee of an establishment or of th e health care provider unless related to the resident, des ignated in writing by a resident to be his or her representat ive. This designation may be accomplished through the Illinoi s Power of Attorney Act, pursuant to the guardianship process under the Probate Act of 1975, or pursuant to an executed desi gnation of representative form specified by the Depa rtment. "Self" means the individual or the individual's designated representative.

"Shared housing establishment" or "establishment" mean s a publicly or privately operated free-standing residence for 16 or fewer persons, at least 80% of whom are 55 years of age or olde r and who are unrelated to the owners and one manager of the residence, wh ere the following are provided:

(1) services consistent with a social model tha t is based on the premise that the resident's unit is his or her own home; (2) community-based reside ntial care for persons who need assistance with activities of daily living, including housing and personal, supportive, an d intermittent health-related services available 24 ho urs per day, if needed, to meet the scheduled and unschedule d needs of a resident; and

(3) mandatory services, whether provided directly by the esta blishment or by another entity arranged for by the establishmen t, with the consent of the resident or the resident's representativ e. "Shared housing establishment" or "est ablishment" does not mean any of t he following: (1) A hom e, institution, or similar place operated by the federal government or the State of Illinois. ( 2) A long term care facility licensed under the Nursing Home Care Act, a facility licensed under the Specialized Mental Health Rehabilitati on Act of 2013, a facility licensed under the ID/DD Commun ity Care Act, or a facility licensed under the MC/DD Act. A facility licensed under any of those Ac ts may, however, convert sections of the facility to assisted liv ing. If the facility elects to do so, the facility shall re tain the Certificate of Need for its nursing beds t hat were converted. (3) A hospital, sanitarium, or other institution, the principal activity or business of which is the diagn osis, care, and treatment of human illness and that is requ ired to be licensed under the Hospital Licensing Act. (4) A facility for child care as defined in the Child Care Act of 1969 . (5) A community living facility as defined in the Community Living Facilities Licensing Act. (6) A nurs ing home or sanitarium operated solely by and for persons who rely exclusively upon treatment by spiritual means through prayer in ac cordance with the creed or tenants of a well-re cognized church or religious denomination. (7) A facility licensed by the Depart ment of Human Services as a community-integrated livi ng arrangement as defined in the Community-Integrate d Living Arrangements Licensure and Certification Act. (8) A supportive residence licensed under the Supportive Residences Licensing Act. (9) A life care facility as defined in the Life Care Facilities Act; a life care facility may app ly under this Act to convert sections of the community to assisted living. (10) A free-standing hospice facility licensed under the Hospice Program Licensi ng Act. (11) An assisted living establishment. (12) A supportive living facility as described in Section 5-5.01a of the Illinois Public Aid Code. "Total assistance" means that staff or another i ndividual performs the entire activity of daily living without participation by the resident.(Source: P .A. 103-886, eff. 8-9-24. ) (Text of Section afte r amendment by P.A. 103-844) Sec. 10. Definitions. For purposes of this Act: "Activities of daily living" means eating, dressing, bathing, toileting, tran sferring, or personal hygiene. "Assisted living establishment" or "establishment" means a home, bui lding, residence, or any other place where sleeping a ccommodations are provided for at lea st 3 unrelated adults, at least 80% of whom are 55 years of age o r older and where the following are provided consistent with the purposes of this Act: (1) services con sistent with a social model that is based on the premise that the resident's unit in assisted living and shared housing is his or her own home; (2) comm unity-based residential care for persons who ne ed assistance with activities of daily living , including personal, supportive, and intermittent health-related services availabl e 24 hours per day, if needed, to meet the scheduled and unscheduled needs of a resident; (3) ma ndatory services, whether provided directly by the establishment or by another entity arranged for by the establishmen t, with the consent of the resident or resident's rep resentative; and (4) a physical enviro nment that is a homelike setting that includes the followin g and such other elements as established by the Department: i ndividual living units each of which shall accommodate small kitchen appliances and contain private bathing, washing, and toi let facilities, or private washing and toilet facilities wit h a common bathing room readily ac cessible to each resident. Units shall be maintained for s ingle occupancy except in cases in which 2 residents choos e to share a unit. Sufficient common space shall exist to permit individual and group activities. "Assisted living establishme nt" or "establishment" does not mean any of the following: (1) A home, institution, or similar place operated by the federal government or t he State of Illinois. (2) A long term care fa cility licensed under the Nursing Home Care Act, a facility licensed under the Specialized Mental Health Rehabilitatio n Act of 2013, a facility licensed under the ID/DD Community Care Act, or a facility licensed under the MC/DD A ct. However, a facility licensed under any of those Acts may convert distinct parts of the facility to assisted liv ing. If the facility elects to do so, the facility shal l retain the Certificate of Need for its nursing and shel tered care beds that were converted. (3) A hospital, sanitarium, or othe r institution, the principal activity or business of which is the diagnosis, care, and treatment of human illness an d that is required to be licensed under the Hospita l Licensing Act. (4) A facility for child care as defined in t he Child Care Act of 1969.

(5) A community living facility as defined in the Comm unity Living Facilities Licensing Act. (6) A nursing home or sanitarium operated solely by and for pers ons who rely exclusively upon treatment by spiritual me ans through prayer in accordance with the creed or te nants of a well-recognized church or religious den omination. (7) A facilit y licensed by the Department of Human Services as a communi ty-integrated living arrangement as defined in t he Community-Integrated Living Arrangements Licensur e and Certification Act. (8) A supportive residence licensed under the Supportive Residences Licensing Act. (9) The portion of a life care facility as defined in the Life Care Facilities Act not licensed a s an assisted living establishment under this Act; a life care facility may apply under this Act to convert sections of the community to assisted living. (10) A free-standing hospice facility licensed u nder the Hospice Program Licensing Act. (11) A shared housing establishment. (12) A supportive living facility as de scribed in Section 5-5.01a of the Illinois Public Aid Code. "Certified medication aid e" means a person who has met the qualifications for certificati on under Section 79 and assists with medica tion administration while under the supervision of a regi stered professional nurse as authorized by Section 50-75 of the Nurse Practice Act in an assisted living establishment.

"Department" means the Department of Publi c Health. "Director" means the Dir ector of Public Health. "Emergency situation" me ans imminent danger of death or serious physical harm to a r esident of an establishment. "Infection control committee" means persons, including an infection preventionist, who develop and implement policies go verning control of infections and communicable diseases and are qualified through education, training, experience, or certif ication or a combination of such qualifications. "Infection preventionist" means a registered nurse who develops and implements policies governing control of infections and communicable diseases and is qualified through education, training, exper ience, or certification or a combination of such qualificat ions. "License" means any of the following types of licenses issued to an applicant or licensee by the De partment: (1) "Probationary licens e" means a license issued to an applicant or licensee that has not held a license under this Act prior to its application or pursuant to a license trans fer in accordance with Section 50 of this Act. (2) "Regular license" means a license is sued by the Department to an applicant or licensee that is in substantial c ompliance with this Act and any rules promulgated under th is Act. "Licensee" means a person, agency, association, corporation, partnership, or organization that h as been issued a license to operate an assisted living or shared housing establishment. "Licensed health care pro fessional" means a registered professional nurse, an ad vanced practice registered nurse, a physician assistan t, and a licensed practical nurse. "Mandator y services" include the following: (1) 3 meals per day available to the res idents prepared by the establishment or an outside cont ractor; (2) housekeeping services including, but not limited to, vacuuming, dusting, and cleaning the resid ent's unit; (3) personal laundry and linen services available to the residents prov ided or arranged for by the establishment; (4) security provided 24 hours each day including, but not li mited to, locked entrances or building or contract security personnel; (5) an emergency communication response s ystem, which is a procedure in place 24 hours ea ch day by which a resident can notify building management, an e mergency response vendor, or others able to respond to his or her need for assistance; and (6) assistance with a ctivities of daily living as required by each resident. "Negotiated risk" is the process by which a resident, or h is or her representative, may formally negotiate with providers what risk s each are willing and unwilling to assume in service provision and the resident's living environment. The provider assures that the resid ent and the resident's representative, if any, are informed of the risks of these decisions and of the potential consequences of assuming these ri sks. "Owner" means the individual, partne rship, corporation, association, or other pers on who owns an assisted living or shared hou sing establishment. In the event an assisted living or shared housing establishment is operated by a person who leases or manages the physical plant, which is owned by another person, "owner" means the person who operates the a ssisted living or shared housing establishment, excep t that if the person who owns the physical plant is an affiliate of the person who operates the assisted living or shared housing establishment and has significant c ontrol over the day to day operations of the assisted li ving or shared housing establishment, the per son who owns the physical plant shall incur jointly and s everally with the owner all liabilities imposed on an o wner under this Act. "Physician" means a per son licensed under the Medical Practice Act of 1987 to pract ice medicine in all of its branches. "Pr ogram" means the Certified Medication Aide Program.

"Qualified establishment" means an assisted living and shared housing estab lishment licensed by the Department of Public Health. "Resident" means a person residing in an as sisted living or shared housing establishment. "Resident's representative" means a person, other than th e owner, agent, or employee of an establishment or of th e health care provider unless related to the resident, des ignated in writing by a resident to be his or her representat ive. This designation may be accomplished through the Illinoi s Power of Attorney Act, pursuant to the guardianship process under the Probate Act of 1975, or pursuant to an executed desi gnation of representative form specified by the Depa rtment. "Self" means the individual or the individual's designated representative.

"Shared housing establishment" or "establishment" mean s a publicly or privately operated free-standing residence for 16 or fewer persons, at least 80% of whom are 55 years of age or olde r and who are unrelated to the owners and one manager of the residence, wh ere the following are provided:

(1) services consistent with a social model tha t is based on the premise that the resident's unit is his or her own home; (2) community-based reside ntial care for persons who need assistance with activities of daily living, including housing and personal, supportive, an d intermittent health-related services available 24 ho urs per day, if needed, to meet the scheduled and unschedule d needs of a resident; and

(3) mandatory services, whether provided directly by the esta blishment or by another entity arranged for by the establishmen t, with the consent of the resident or the resident's representativ e. "Shared housing establishment" or "est ablishment" does not mean any of t he following: (1) A hom e, institution, or similar place operated by the federal government or the State of Illinois. ( 2) A long term care facility licensed under the Nursing Home Care Act, a facility licensed under the Specialized Mental Health Rehabilitati on Act of 2013, a facility licensed under the ID/DD Commun ity Care Act, or a facility licensed under the MC/DD Act. A facility licensed under any of those Ac ts may, however, convert sections of the facility to assisted liv ing. If the facility elects to do so, the facility shall re tain the Certificate of Need for its nursing beds t hat were converted. (3) A hospital, sanitarium, or other institution, the principal activity or business of which is the diagn osis, care, and treatment of human illness and that is requ ired to be licensed under the Hospital Licensing Act. (4) A facility for child care as defined in the Child Care Act of 1969 . (5) A community living facility as defined in the Community Living Facilities Licensing Act. (6) A nurs ing home or sanitarium operated solely by and for persons who rely exclusively upon treatment by spiritual means through prayer in ac cordance with the creed or tenants of a well-re cognized church or religious denomination. (7) A facility licensed by the Depart ment of Human Services as a community-integrated livi ng arrangement as defined in the Community-Integrate d Living Arrangements Licensure and Certification Act. (8) A supportive residence licensed under the Supportive Residences Licensing Act. (9) A life care facility as defined in the Life Care Facilities Act; a life care facility may app ly under this Act to convert sections of the community to assisted living. (10) A free-standing hospice facility licensed under the Hospice Program Licensi ng Act. (11) An assisted living establishment. (12) A supportive living facility as described in Section 5-5.01a of the Illinois Public Aid Code. "Total assistance" means that staff or another i ndividual performs the entire activity of daily living without participation by the resident.(Source: P .A. 103-844, eff. 7-1-25; 103-886, eff. 8-9-24; revised 10-7-24.) Section 730. The MC/DD Act is amended by c hanging Section 3-801.1 as follows: (210 ILCS 46/3-801.1) Sec. 3-801.1. Access to records of residen t with developmental disabilities. Notwithstanding the other provisions of this Act to the contrary, the agency designated by the Governor unde r Section 1 of the Protection and Advocacy for Persons with Devel opmental Disabilities Act "An Act in relation to the protection and advocacy of the rights of persons with developmental disabilities, and amending Acts therein name d", enacted by the 84th General Assembly, shall have access to the records of a perso n with developmental disabilities who resides in a facility, subject to the limitations of thi s Act. The agency shall also have access for the purpose of inspection and copying, to the records of a person with developmental disabilities who resides in any such facility if (1) a complaint is received by such agen cy from or on behalf of the person with a developmental disability, and (2) such person does not have a guar dian or the State or the designee of the State is the guardian of such person. The desi gnated agency shall provide written notice to the person with developmental disabili ties and the State guardian of the nature of the complaint based upon which t he designated agency has gained access to the records. No reco rd or the contents of any record shall be redisclosed by the designated agency unless the person with developmental disabilities and the State guardian a re provided 7 days' advance written notice, except in eme rgency situations, of the designated agency's intent to red isclose such record, during which time the person with developmental disa bilities or the State guardian may seek to judicially enjo in the designated agency's redisclosure of such record on the grounds that such redisclosure is contrary to the intere sts of the person with developmental disabilities. If a per son with developmental disabilities resides in such a facility and has a guardian other than the State or the designee of the State, the facility director shall disclose the guardian's na me, address, and telephone number to the designated agency at the agency's request. Upon request, the designated agency shall be entitled to inspect and copy any records or other materials which may further the agency's inve stigation of problems affecting numbers of persons with develop mental disabilities. When required by law any personally identi fiable information of persons with a developmental disabi lity shall be removed from the records. However, the desig nated agency may not inspect or copy any records or other ma terials when the removal of personally identifiable informa tion imposes an unreasonable burden on the facility. For the pu rposes of this Section, "developmental disability" means "devel opmental disability" as defined in Section 1-106 of the Mental Health and Developmental Disabilities Code.(Source: P.A. 102-972, eff. 1-1-23; revised 7-19-24.) Section 735. The Emergency Medical Services (EMS) Systems Act is am ended by changing Sections 3.40 and 3.117 as follows: (210 ILCS 50/3.40) Sec. 3.40. EMS System Participation Suspensions and Due Proce ss. (a) An EMS Medical D irector may suspend from participation within the System any E MS personnel, EMS Lead Instructor (LI), individual, individual provider, or other participant consid ered not to be meeting the requirements of the Program Plan of that approved EMS System. An EMS Medical Director must submit a suspension order to the Department describing which re quirements of the Program Plan were not met and the susp ension's duration. The Department shall review and confirm receipt of the suspension order, request additional information, or initiate an investigation. The Department shall incorporate the duration of that suspension into any further action taken by the Department to suspend, revoke, or refuse to issue or renew the l icense of the individual or entity for any violation of this Act or the Program Plan arising from the same conduct for which the suspension order was issued if the suspended party has neither requested a Department hearing on the suspension nor worked as a provider in any other System during the term of the suspension. (b) Prior to suspending any individual or entity, an EMS Medical Direct or shall provide an opportunity for a hearing before the local System review board in accordance with subsection (f) and the rules promu lgated by the Department.

(1) If the local System review board affirms or modifies the EM S Medical Director's suspension order, the individual or enti ty shall have the opportunity for a review of the loca l board's decision by the State EMS Disciplinary Review Board, pursuant to Section 3.45 of this Act. (2) If the local System review board reverses or modifies the EMS Medical Director's order, the EMS Medical Director shall have the opportunity for a review o f the local board's decision by the State EMS Disciplinary Review Board, pursuant to Section 3.45 of this Act. (3) The suspension shall comme nce only upon the occurrence of one of the following: (A) the individual or ent ity has waived the opportunity for a hearing before the local System revie w board; (B) the order has been affirmed or modified by the local system rev iew board and the individual or entity has waived the op portunity for review by the State Board; or (C) the order has been affirmed or modified by the local s ystem review board, and the local board's decision has bee n affirmed or modified by the State Board. (c) An individual interviewed or investigated b y the local system review board or the Department shall have the right to a union representati ve and legal counsel of the individual's choosing prese nt at any interview. The union representative must comply w ith any confidentiality requirements and requirements fo r the protection of any patient information presented during the proceeding. (d) An EMS Medical Director may immedi ately suspend an EMR, EMD, EMT, EMT-I, A-E MT, Paramedic, ECRN, PHRN, LI, PHPA, PHAPRN, or other individual or entity if he or she finds that the continuation in pr actice by the individual or entity would constitut e an imminent danger to the public. The sus pended individual or entity shall be issued an immediate verbal notification followed by a written suspension order by the EMS Medical Director which states the length, terms, and basis for the suspension. (1) Within 24 hours following the commencement of the suspen sion, the EMS Medical Director shall deliver to the Department, by messenger, telefax, or other Department-approved electronic com munication, a copy of the suspension order and copies of any wri tten materials which relate to the EMS Medical Director's d ecision to suspend the individual or entity. All medical and patient-specific information, including Departm ent findings with respect to the quality of care rendered, shall be strictly confidential pursuant to the Medic al Studies Act (Part 21 of Article VIII of the Code of Civil Procedure). (2) Within 24 hours following the commencement of the suspension, the suspended in dividual or entity may deliver to the Department, by messenger, telefax, or other Department-approved electronic com munication, a written response to the suspension order an d copies of any written materials which the individual or entit y feels are appropriate. All medical and patient-specific information, inclu ding Department findings with respect to the quality of care rendered, shall be strictly confidential pur suant to the Medical Studies Act.

(3) Within 24 hours following re ceipt of the EMS Medical Director's suspension order or the in dividual or entity's written response, whichever is later , the Director or the Director's designee shall determi ne whether the suspension should be stayed pending an opportunity for a hearing or review in accordance wit h this Act, or whether the suspension should continue d uring the course of that hearing or review. When an imm ediate suspension order is not stayed, the Director or the Director's designee within the Department shall identify if that suspension shall immediately apply t o statewide participation only in situations when a license e has been charged with a crime while performing th e licensee's official duties as an EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, TNS, PHRN, LI, PHPA, or PHAP RN and the licensee's continuation to practice pose s the possibility of imminent harm to the public based u pon off factual evidenc e provided to the Department. The determination to issue a n immediate statewide suspension shall not deny the right to due process to a licensee. The Director or the Direc tor's designee shall issue this determination to the EMS Medical Director, who shall immediately notify the suspended individual or entity. The suspension shall remain in effect during this period of review by t he Director or the Director's designee. (e) Upon issuance of a suspension order for reasons dir ectly related to medical care, the EMS Medical Director shall also provide the individual or entity with the opportunity for a hearing before the local System review board, in accordance with subsection (f) and the rules promulgated by the Department. (1) If the local System review board affirms or modifies the EMS Medical Director's suspension order, the in dividual or entity shall have the opportunity for a revi ew of the local board's decision by the State EMS Discipli nary Review Board, pursuant to Section 3.45 of this Act. (2) If the local System review board reverses or modifies the EM S Medical Director's suspension order, the EMS Medical Dire ctor shall have the opportunity for a review of the loca l board's decision by the State EMS Disciplinary Review Bo ard, pursuant to Section 3.45 of this Act. (3) The suspended individual o r entity may elect to bypass the local System review board and seek direct review of the EMS Medical Director 's suspension order by the State EMS Disciplinary Re view Board. (f) The Resource Hospital sha ll designate a local System review board in accordanc e with the rules of the Department, for the purpose of pr oviding a hearing to any individual or entity participa ting within the System who is suspended from participation b y the EMS Medical Director. The EMS Medical Director s hall arrange for a certified shorthand reporter to make a stenographic record of that hearing and thereafter pre pare a transcript of the proceedings. The EMS Medical Director shall inform the individual of the individual' s right to have a union representative and legal counsel of the individual's choosing present at any interview. The union representative must comply wit h any confidentiality requirements and requirements fo r the protection of any patient information presented during the proceeding. The transcript, all documents or materials received as evidence during the hearing and the local System review board's written de cision shall be retained in the custody of the EMS sy stem. The System shall implement a decision of the local System review board unless that decision has been appealed to the State Emergency Medical Services Disciplinary Revi ew Board in accordance with this Act and the rules of the Dep artment. (g) The Resource Hospital shall i mplement a decision of the State Emergency Medical Services D isciplinary Review Board which has been rendered in accorda nce with this Act and the rules of the Department.(Source: P.A. 103-521, eff. 1-1-24; 103-779, eff. 8-2-24; revised 10- 21-24.) (210 ILCS 50/3.117) Sec. 3.117. Hospital designations. (a) The Department shall attempt to de signate Primary Stroke Centers in all areas of the State.

(1) The Department shall designate as many certified Primary Stroke Centers as apply fo r that designation provided they are certified by a nationall y recognized certifying body, approved by the Department, and certification criteria are consistent with the most cur rent nationally recognized, evidence-based stroke guidel ines related to reducing the occurrence, disabilities, and death associated with stroke. (2) A ho spital certified as a Primary Stroke Center by a nationally rec ognized certifying body approved by the Department, shall se nd a copy of the Certificate and annual fee to the Department and shall be deemed, within 30 business days of its receipt by the Depa rtment, to be a State-designated Primary Stroke Center. (3) A center designated as a Primary Stroke Center shall pay an annu al fee as determined by the Department that shall be no less than $100 and no greater than $500. Al l fees shall be deposited into the Stroke Data Collect ion Fund. (3.5) With respect to a ho spital that is a designated Primary Stroke Center, the Depa rtment shall have the authority and responsibility to do the following: (A) Suspend or revoke a hospital's Primary S troke Center designation upon receiving notice that the hospital's Primary Stroke Center certification has laps ed or has been revoked by the State recognized certifying body. (B) Suspend a hospi tal's Primary Stroke Center designation, in extreme circumsta nces where patients may be at risk for immediate harm or death, until such time as the certifying body invest igates and makes a final determination regarding certific ation. (C) Restore any previously suspended or revoked Department designation upon notice to the Department that the certifying body has confirmed or restored the Primary Stroke Center certification of that previously designated hospital. (D) Suspend a hospital's Primary Stroke Center designation at the request of a hospital seeking to suspend its own Department designation. (4) Primary Stroke Center designation shall remain valid at all times while the hospital maintain s its certification as a Primary Stroke Center, in good standi ng, with the certifying body. The duration of a Pr imary Stroke Center designation shall coincide with the duration of its Primary Stroke Center certific ation. Each designated Primary Stroke Center s hall have its designation automatically renewed upon the De partment's receipt of a copy of the accrediting body' s certification renewal. (5) A hospital that no longer meets nationally r ecognized, evidence-based standards for Primary Stroke Centers, or l oses its Primary Stroke Center certification, shall notify t he Department and the Regional EMS Advisory Committee within 5 business days. (a-5) The Department shall attempt to designate Comprehensive Stroke Centers in all areas of the State. (1) The Department shall design ate as many certified Comprehensive Stroke Centers a s apply for that designation, provided that the Comprehensive Stroke Centers are certified by a nationally recognized certifyi ng body approved by the Department, and provided tha t the certifying body's certification criteria are consistent with the most current nationally recognize d and evidence-based stroke guidelines for reducing the occurrence of stroke and the disabilities and death as sociated with stroke. (2) A hospital certified as a Comprehensive Str oke Center shall send a copy of the Certificate and annual fee to the Department and shall be de emed, within 30 business days of its receipt by the D epartment, to be a State-designated Comprehensive Stroke Center. (3) A hospital designated as a Comprehensive Stroke Center shall pay an a nnual fee as determined by the Department that shall be no less than $100 and no greater than $500. All fe es shall be deposited into the Stroke Data Collection Fund. (4) With respect to a hospital that is a designat ed Comprehensive Stroke Center, the Department shall have the authority and responsibility to do th e following: (A) Suspend or revoke the hospital's Comprehensive S troke Center designation upon receiving notice that th e hospital's Comprehensive Stroke Center certification has lapsed or has been revoked by the State recognized certi fying body. (B) Suspend the hospital's Comprehensive Stroke Cent er designation, in extreme circumstances in which patient s may be at risk for immediate harm or death, until such ti me as the certifying body investigates and makes a final d etermination regarding certification. (C) Restore any previously suspended or revoked D epartment designation upon notice to the Department that t he certifying body has confirmed or restored the Com prehensive Stroke Center certification of that previously designated hospital. (D) Suspend the hospital's Comprehensive Str oke Center designation at the request of a hospital seekin g to suspend its own Department designation. (5) Comprehensive Stroke Center designation shall remain v alid at all times while the hospital maintains its certificatio n as a Comprehensive Stroke Center, in good standing, with the certifying body. The duration of a Comprehensive Stroke Center designation shall coin cide with the duration of its Comprehensive Stroke Center certi fication. Each designated Comprehensive Stroke Center shall have its designation automatically renewed upon the De partment's receipt of a copy of the certifying body's certification renewal. (6) A hospital that no longer meets nationally recognized, evidence-based standards for Comprehensive Stroke Centers, or loses its Co mprehensive Stroke Center certification, shall notify the Department and the Regional EMS Advisory Committee within 5 business days. (a-7) (a-5) The Department shall attempt to designate Thrombectomy Capa ble Stroke Centers, Thrombectomy Ready Stroke Ce nters, and Primary Stroke Centers Plus in all areas of the State according to th e following requirements: (1) The Department shall designate as many certified T hrombectomy Capable Stroke Centers, Thrombectomy Ready S troke Centers, and Primary Stroke Centers Plus as appl y for that designation, provided that the body certifyi ng the facility uses certification criteria consisten t with the most current nationally recognized and evidence-based stroke guidelines for reducing the occurrence of strokes and the disabilities and death associated wit h strokes. (2) A Thrombectomy Capable Stroke Center, Thrombectomy Read y Stroke Center, or Primary Stroke Center Plus shall send a c opy of the certificate of its designation and annual fee to the Department and shall be deemed, within 30 bu siness days after its receipt by the Department, to be a State-design ated Thrombectomy Capable Stroke Center, Thrombectomy Ready Stroke Center, or Primary Stroke Center Plus. (3) A Thrombectomy Capable Strok e Center, Thrombectomy Ready Stroke Center, or Primary Stroke Center Plus shall pay an annual fee as determined by the Department that sh all be no less than $100 and no greater than $500. All fees collected under this paragraph shall be deposited into the Stroke Data Collection Fund. (4) With respect to a Thrombectomy Capable St roke Center, Thrombectomy Ready Stroke Center, or Primary Stroke Center Plus, the Department shall: (A) suspend or revoke the Thrombectom y Capable Stroke Center, Thrombectomy Ready Stroke Center, or Primary Stroke Center P lus designation upon receiving notice that the Thrombectomy C apable Stroke Center's, Thrombectomy Ready Stroke Center' s, or Primary Stroke Center Plus's certification has l apsed or has been revoked by its certifying body; (B) in extreme circumst ances in which patients may be at risk for immediate harm or dea th, suspend the Thrombectomy Capable Stroke Center's, Throm bectomy Ready Stroke Center's, or P rimary Stroke Center Plus's designation until its certifying body investigates the circumstances and makes a final det ermination regarding its certification; (C) restore any previously susp ended or revoked Department designation upon notice to the Department that the certifying body has confirmed or restored t he Thrombectomy Capable Stroke Center's, Thrombectomy Re ady Stroke Center's, or Primary Stroke Center Plus's certification; and (D) suspend the Thrombectomy Capable Stroke Center's, Thrombectomy Rea dy Stroke Center's, or Primary Stroke Center Plus's designation at the request of a facility seeking to su spend its own Department designation. (5) A Thrombectomy Capable Stroke C enter, Thrombectomy Ready Stroke Center, or Primary Stroke Center Plus designation shall remain valid at all tim es while the facility maintains its certification as a Thrombec tomy Capable Stroke Center, Thrombectomy Ready Strok e Center, or Primary Stroke Center Plus and is in g ood standing with the certifying body. The duration of a Thrombectomy Capable Stroke Center, Thrombectomy Read y Stroke Center, or Primary Stroke Center Plus designation shall be the same as the duration of its Thro mbectomy Capable Stroke Center, Thrombectomy Ready Stroke Ce nter, or Primary Stroke Center Plus certification. Ea ch designated Thrombectomy Capable Stroke Center, Throm bectomy Ready Stroke Center, or Primary Stroke Cent er Plus shall have its designation automatically renewe d upon the Department's receipt of a copy of the certifying body's renewal of the certification. (6) A hospital that n o longer meets the criteria for Thrombectomy Cap able Stroke Centers, Thrombectomy Ready Stroke Ce nters, or Primary Stroke Centers Plus, or loses its T hrombectomy Capable Stroke Center, Thrombectomy Ready Stroke Center, or Primary Stroke Center Plus certification , shall notify the Department and the Regional EMS Adv isory Committee of the situation within 5 business days after being made aware of it. (b) Beginning on the first day of the month that begins 12 months after the adoption of rules authorized by this subsection, the Department shall attempt to designa te hospitals as Acute Stroke-Ready Hospitals in a ll areas of the State. Designation may be approved by th e Department after a hospital has been certified as a n Acute Stroke-Ready Hospital or through app lication and designation by the Department. For any hos pital that is designated as an Emergent Stroke Ready Hos pital at the time that the Department begins th e designation of Acute Stroke-Ready Hospitals, the Emergent Stroke Ready designation shall remain intact for the duration of the 12-month period until that design ation expires. Until the Department begins the designati on of hospitals as Acute Stroke-Ready Hospitals, ho spitals may achieve Emergent Stroke Ready Hospital designat ion utilizing the processes and criteria prov ided in Public Act 96-514. (1) (Blank). (2) Hospitals may apply for, and receive, Acute Stroke-Ready Hospital designation from the Department, provided that th e hospital attests, on a form developed by the Departm ent in consultation with the State Stroke Advisory Sub committee, that it meets, and will continue to meet, the criteria fo r Acute Stroke-Ready Hospital designation and pays an a nnual fee. A hospital designated as an Acute Stroke-Ready Hospital shall pay an annual fe e as determined by the Department that shall be no less than $100 and no greater than $500. All fees shall be de posited into the Stroke Data Collection Fund. (2.5) A hospital may apply for, and receive, Acute Stroke-Ready Hospital designation from the Department, provided that the hospital provides proof of current Acute Stroke-Ready Hospital certification and the hospital pays an a nnual fee. (A ) Acute Stroke-Ready Hospital designation shall remain valid at all ti mes while the hospital maintains its certificati on as an Acute Stroke-Ready Hospital, in good st anding, with the certifying body. (B) The duration of an Acute Stroke-Rea dy Hospital designation shall coincide with the durat ion of its Acute Stroke-Ready Hospital certification.

(C) Each design ated Acute Stroke-Ready Hospital shall have its designation automatically renewed upon the Department's receipt of a c opy of the certifying body's certification renewal and Application for Stroke Center Designation form. (D) A hospital must sub mit a copy of its certification renewal from the cer tifying body as soon as practical but no later than 30 bu siness days after that certification is received by the hospi tal. Upon the Department's receipt of the renewal certifica tion, the Department shall renew the hospital's Acute Stroke-Ready Hospital designation. (E) A hospital designated as an Acute Str oke-Ready Hospital shall pay an annual fee as det ermined by the Department that shall be no less than $100 a nd no greater than $500. All fees shall be deposited into the Stroke Data Collection Fund. (3) Hospitals s eeking Acute Stroke-Ready Hospital designation that do not have certification shall develop policies and procedures that are consistent with nationally recognized, evidence-based proto cols for the provision of emergent stroke care. Hospit al policies relating to emergent stroke care and stro ke patient outcomes shall be reviewed at least an nually, or more often as needed, by a hospital committee that oversees quality improvement. Adjustments shall be m ade as necessary to advance the quality of stroke care delivered. Criteria for Acute Stroke-Ready Hospi tal designation of hospitals shall be limited to the ability of a hospital to:

(A) create written acute care protoc ols related to emergent stroke care; (A-5) participate in the data collection system provide d in Section 3.118, if available; (B) maintain a written trans fer agreement with one or more hospitals that have n eurosurgical expertise; (C) designate a Clinical Director of Stroke Care who shall b e a clinical member of the hospital staff with training o r experience, as defined by the facility, in the care of patients with cerebrovascular disease. This training o r experience may include, but is not limited to, comp letion of a fellowship or other specialized training in the area of cerebrovascular disease, attendance at national courses, or prior experience in neuroscience intensive care units. The Clinical Director of Str oke Care may be a neurologist, neurosurgeon, emergency medi cine physician, internist, radiologist, advanced practice regi stered nurse, or physician physician's assist ant; (C-5) provi de rapid access to an acute stroke team, as defined by the facility, that considers and reflects nationally recognize d, evidence-based protocols or guidelines; (D) administer thrombolytic therapy, or sub sequently developed medical therapies that meet nationally recognized, evidence-based stroke guidelines; (E) conduct brain image tests at all times; (F) co nduct blood coagulation studies at all times; (G) maintain a log of stroke patients, which shall be available for review up on request by the Department or any hospital that ha s a written transfer agreement with the Acute Stro ke-Ready Hospital; (H) admit stroke patients to a unit that c an provide appropriate care that considers and reflects nationally recognized, evidence-based protocols or gui delines or transfer stroke patients to an Acute Stroke-Ready Hospital, Primary Stroke Cente r, or Comprehensive Stroke Center, or another facility that can provide the appropriate care that considers and refle cts nationally recognized, evidence-based proto cols or guidelines; and (I) demonstrate compliance with nationally recognized quality indicators. (4) With respect to Acute Stroke-Ready Hospital designation, the Depa rtment shall have the authority and responsibility to do the following: (A) Require hospitals applyin g for Acute Stroke-Ready Hospi tal designation to attest, on a form developed by the Departmen t in consultation with the State Stroke Advisory Subcom mittee, that the hospital meets, and will continue to meet, the criteria for an Acute Stroke-Ready Hospital. (A-5) Require hospital s applying for Acute Stroke-Ready Hospital desi gnation via national Acute Stroke-Ready Hospital ce rtification to provide proof of current Acute Strok e-Ready Hospital certification, in good standing.

The Departm ent shall require a hospital that is already certifi ed as an Acute Stroke-Ready Hospital to send a copy of the Certificate to the Department. Within 30 business days of th e Department's receipt of a hospital's Acute Stroke-Rea dy Certificate and Application for Stroke Center Designation form that indicates that the hospital is a certified Acu te Stroke-Ready Hospital, in good standing, the hospital sh all be deemed a State-designated Acute Stroke-Ready Hospital. The Department shall send a designation notice to each hospital that it designates as an Acut e Stroke-Ready Hospital and shall add the names of designated Acute Stroke-Ready Hospitals to th e website listing immediately upon designation. The Department s hall immediately remove the name of a hospital from the websi te listing when a hospital loses its designation after noti ce and, if requested by the hospital, a hearing. The Department shall develop an Application for Stroke Center Designation for m that contains a statement that "The above named facility m eets the requirements for Acute Stroke-Ready Hospital D esignation as provided in Section 3.117 of the Emergency Medical Services (EMS) Systems Act" and shall instruct the applicant facility to provide: the hospital name and address; the hospital CEO o r Administrator's typed name and signature; the hos pital Clinical Director of Stroke Care's typed name an d signature; and a contact person's typed name, email addres s, and phone number. The Application for Stroke Center Designation form sh all contain a statement that instructs the hospital to "Provide proof of current Acute Stroke-Ready Hosp ital certification from a nationally recognized certifying bo dy approved by the Department". (B) Designate a hospital as an A cute Stroke-Ready Hospital no more than 30 business days after receipt of an attestation t hat meets the requirements for attestation, unless the Department, within 30 days of receipt of the attestatio n, chooses to conduct an onsite survey prior to designation. If the Department chooses to conduct an onsite survey prior to designation, then the ons ite survey shall be conducted within 90 days of receipt of the attestation. (C) Require annual written attestat ion, on a form developed by the Department in c onsultation with the State Stroke Advisory Subcommittee , by Acute Stroke-Ready Hospitals to indicat e compliance with Acute Stroke-Ready Hospital criteria, as described in this Section, and automatically renew Acute Stroke-Ready Hospital designation of the hos pital. (D) Is sue an Emergency Suspension of Acute Stroke-Read y Hospital designation when the Director, or his or her designee, has determined that the hospital no longer meets the Acute St roke-Ready Hospital criteria and an immediate and serious dang er to the public health, safety, and welfare exists. If the Acute Stroke-Ready Hospital fails to eliminate the violation immediately or within a fixed period of time, not exceeding 10 days, as determin ed by the Director, the Director may immediately revok e the Acute Stroke-Ready Hospital desig nation. The Acute Stroke-Ready Hospital may appea l the revocation within 15 business days after receiving the Director's rev ocation order, by requesting an administrative hearing.

(E) After notice a nd an opportunity for an administrative heari ng, suspend, revoke, or refuse to renew an Acute Stroke-Ready Hospital designation, when the Department finds t he hospital is not in substantial compliance with current Acute Stroke-Ready Hospital criteria. (c) The Department shall consult with the State Stroke Advisory Subcommittee for developing the designation, re-designation, and de-designation proce sses for Comprehensive Stroke Centers, Thrombectomy Ca pable Stroke Centers, Thrombectomy Ready Stroke Center s, Primary Stroke Centers Plus, Primary Stroke Center s, and Acute Stroke-Ready Hospitals.

(d) The Department shall consult with the State St roke Advisory Subcommittee as subject matter exper ts at least annually regarding stroke standards of care. (Source: P.A. 102-687, eff. 1 2-17-21; 103-149, eff. 1-1-24; revised 7-19-24.)

Section 740. The Hospital Lice nsing Act is amended by setting forth and renumbering multiple versions of Section 11.9 as follows: (210 ILCS 85/11.9) Sec. 11. 9. Maternal milk donation education. (a) To e nsure an adequate supply of pasteurized donor human milk for premature infa nts in Illinois, a hospital with licensed obstetric b eds shall provide information and instructional materials to parents of each newborn, upon discharge from the hospita l, regarding the option to vo luntarily donate milk to nonprofit milk banks that are accredited by the Human Milk Banking Association of North America or its successor organization. The materials shall be provided free of charge and shall include general information regarding nonprofit milk bankin g practices and contact information for area nonprofit milk banks that are accredited by the Human Milk Banking Association of North America. (b) The information and instructional materials describ ed in subsection (a) may be provided electronically.

(c) Nothing in this Section prohibits a hospital from obtaining free and suitable infor mation on voluntary milk donation from the Human Milk Banking Association of N orth America, its successor organization, or its accredited members. (Source: P.A. 103-1 60, eff. 1-1-24; 103-605, eff. 7-1-24.) (210 ILCS 85/11.10) (This Section may contain text from a Public Act with a delayed effective date) Sec. 11.10 11.9. Certificate of birth resu lting in stillbirth; notification. This Section may be referred to as Liam's Law.

A hospital having custody of a fetus following a spontan eous fetal death occurring during or after a gestation period of at least 20 completed weeks must notify the gestational parent of t he parent's right to receive a certificate of birth resulting in sti llbirth as described in Section 20.5 of the Vital Reco rds Act. The Department of Public Health shall develop lan guage on a form to be used for notification under this Sec tion and hospitals shall provide the form to the gestat ional parent. This secti on of language shall be known as a "Liam's Law notice". The "Liam's Law notice" shall be available in both English and Spanish.(Source: P.A. 103-948, eff. 7-1-25; revised 10-2-24.)

Section 745. The Fair Patient Billing Act is amended by changing Section 35 as follows: (210 ILCS 88/35)

Se c. 35. Collection li mitations. (a) The hospita l shall not pursue legal action for non-payment of a hospital bill against uninsured patients who have clearly demonstrated that they have neither sufficient incom e nor assets to meet their financial obligations provided the patient has complied with Section 45 of this Act.

(b) A hospital may not bill an uninsured patient

who that require s health care services, as defined in Section 5 of the Ho spital Uninsured Patient Discount Act, if it determines, through its f inancial assistance screening process, that the patient has a household income that qualifies the person for free care under the Hospital Uninsured Patient Discount Act. If the patient is deemed e ligible for public health insurance or any other insurance product certifie d by the Department of Insurance, the hospital shall provide information to the patient about how the patient can apply for the insurance program under subsection (f) of Section 16. (Source: P.A. 103-901, eff. 1-1-25; revised 11-22-24.) Section 750. The Mobile Home Park Act is amended by ch anging Sections 1 and 21.5 as follows: (210 ILCS 115/1

) (from Ch. 111 1/2, par. 711) Sec . 1. The General Assembly of Illinois finds: (1) that there is a serious housing shor tage in this State state; (2) that rising costs in the building construction f ield have has ser iously impeded the building of new housing, particularly for moderate-income moderate and low-income low income citizens; (3) that the exis ting housing stock is continuously depleted through demolit ion resulting from aging buildings, urban renewal, highway construction, and other necessary public improvements; (4) that advances in the construction of mobile homes h ave has significantly increased the importance of this mode of housing; and (5) that, through proper regulation and licen sing, mobile homes can contribute to the quality housing of Illinois citizens.(S ource: P.A. 77-1472; revised 10-23-24.) (210 ILCS 115/21.5) Sec. 2 1.5. Mobile home parks report. Beginning in 2026, the Department shall prepare an annual report that contains, at a minimum, the total number of mobile parks licensed by registered with the Department; the total number of mob ile home parks that closed in the preceding year; the total nu mber of newly permitted mobile home parks from the preceding year; the total number of mobile home parks that failed to renew and comply with the licensing requirements for the preceding calendar ye ar; how many administrative cases were opened in the preceding calendar year; if the administrative case was resolved or is still open; a brief summary of the nature of the administrative cases; an d an update on the Department's staffing for mobile home enforcement and oversig ht. The report shall be made public no later than Ju ly 1 for the preceding calendar year.(Source: P.A. 103-819, eff. 1-1-25; revised 1 2-1-24.) Section 755. The Illinois Insurance Code is amended by changing the heading of Article V.75 and Sections 155.36, 355, 356z.5, 356z.14, 356z.25, 356z.40, 363, 367a, 367f, 370c, 408, 416, 500-35, 511.109, and 534.3 and by setting forth and renumbering mu ltiple versions of Sections 356z.61 and 356z.71 as follows: (215 ILCS 5/Art. V.75 heading) ARTICLE V 3

/4 . GROUP WORKER

S' COMPENSATION POOLS; POOLING; INSO

LVENCY FUND . (215 ILCS 5/155

.36) Sec. 155.36. Managed Care Refo rm and Patient Rights Act. Insurance companies that transact the kinds of insurance authorized under Class 1(b) or Class 2(a) of Section 4 of this Code shall comply with Sections 25, 45, 45.1, 45.2, 45. 3, 65, 70, 85, and 87, subsection (d) of Section 30, and the definitions o f the term "emergency medical condition" and any other term in Section 10 of the Managed Care Reform and Patient Rights Act th at is used in the other Sections listed in this Section. Except as provided by Section 85 of the Managed Care Reform and Pati ent Rights Act, no law or rule shall be construed to exempt any utilization review program from the re quirements of Section 85 of the Managed Care Reform and Patient Rights Act with resp ect to any insurance described in this Section.(Source: P.A. 102-409, eff. 1-1-22; 103-426, eff. 8-4-23; 103-650, eff. 1-1-25; 103-656, eff. 1-1-25; revised 11-26-24.) (215 ILCS 5/355) Sec. 355. Accident and health policies; provisions. (a) As used in this Se ction: "Inadequate rate" means a rate: (1) that is insufficient to sustain projected losses and expenses to which the rate ap plies; and (2) the continued use of which endangers the solvency of an insurer using that rate. "Large employer" has the meaning provi ded in the Illinois Health Insurance Portability and Ac countability Act. "Plain langu age" has the meaning provided in the federal Plain Writing Act of 2010 and subsequent guidance documents, including the Federal Plain Language Guide lines. "Unreasonable rate increase" means a rate increase that the Director determines to be excessive, unjustified, or unfairly discriminatory in accordance with 45 CFR 154.205. (b) No policy of insurance against loss or d amage from the sickness, or from the bodily injury or death of the insured b y accident shall be issued or delivered to any person in this State until a copy of the form thereof and of the classificati on of risks and the premium rates pertaining th ereto have been filed with the Director; nor shall it be so i ssued or delivered until the Director shall have approved s uch policy pursuant to the provisions of Section 143. If the Director dis approves the policy form, he or she shall make a written dec ision stating the respects in which such form doe s not comply with the requirements of law and shall delive r a copy thereof to the company and it shall be unlawful thereafter for any such co mpany to issue any policy in such form. On and after Janu ary 1, 2025, any form filing submitted for large employer gro up accident and health insurance shall be automatically deemed appr oved within 90 days of the submission date unless the Di rector extends by not more than an additional 30 days the period within which the form shall be approved or disapproved by giving writt en notice to the insurer of such extension before the expir ation of the 90 days. Any form in receipt of such an extension shall be automatically deemed approved within 120 days of th e submission date. The Director may toll the filin g due to a conflict in legal interpretation of federal or State law as long as the tolling is applied uniformly to all applicable forms, written notification is provided to the i nsurer prior to the tolling, the duration of the tolling is pr ovided within the notice to the insurer, and justification fo r the tolling is posted to the Department's website. The Direc tor may disapprove the filing if the insurer fails to respon d to an objection or request for additional informati on within the timeframe identified for response. As used in this subsection, "large employer" has the meaning given in Sec tion 5 of the federal Health Insurance Portability and Accoun tability Act. (c) For plan year 2026 and thereafter, premium rates for all individual and small g roup accident and health insurance policies must be filed with t he Department for approval. Unreasonable rate increases or inadequate rates shall be modified or disapproved. For any plan year during which the Illinois Health Benefits Exchange operates as a full State-based exchang e, the Department shall provide insurers at least 30 days' notice of the deadline to submit rate filings.

(c-5) Unless prohibited under federal law, for plan year 2026 and thereafter, each insurer proposing to offe r a qualified health plan issued in the individual market throu gh the Illinois Health Benefits Exchange must incorporate the following approach in its rate filing under this Sectio n: (1) The rate filing mu st apply a cost-sharing reduction defunding adjustmen t factor within a range that: (A) is uniform across all insurers; (B) is consistent with the total adjustment expected t o be needed to cover actual cost-sharing reduction costs across all silver plans on the Illinois Health Benefits Exchange statewide, provided that such costs are calcula ted assuming utilization by the State's full individual-market risk pool; and (C) assumes that the only on-Exchange s ilver plans that will be purchased are the 87% and 94% cost-sha ring reduction variations. (2) The rate filing must apply an induced demand factor based on the following for mula: (Plan Actuarial Value)² - (Plan Actuarial Value) + 1.24. In the annual notice to insurers described in subsection (c), the Department must include the specific numerical range calculated for the applicable plan year under paragraph (1) of this subsection (c- 5) and the formula in paragraph (2) of this subsection (c-5). ( d) For plan year 2025 and thereafter, the Department shall post all insurers' rate filings and summaries on the Department's website 5 business days after the rate filing deadline set by the Department in annual guidance. The rate filing s and summaries posted to the Department's website sha ll exclude information that is proprietary or trade sec ret information protected under paragraph (g) of subsection (1) of Section 7 of the F reedom of Information Act or confidential or privileged under any app licable insurance law or rule. All summarie s shall include a brief justification of any rate increase or decrease requested, including the number of individual members, the medical loss ratio, medical trend, administrative costs, and any other information required by rule. The plain writing summary shall include n otification of the public comment period established in s ubsection (e). (e) The Department shall open a 30-day public comment period on the rate filings begin ning on the date that all of the rate filings are posted on the Depar tment's website. The Department shall post all of the comments received to the Department's websi te within 5 business days after the comment period ends. (f) After the close of the public comment period described in subsection (e), the Department, beginnin g for plan year 2026, shall issue a decision to approve, disapp rove, or modify a rate filing within 60 days. Any rate f iling or any rates within a filing on which the Director does n ot issue a decision within 60 days shall automatically be deeme d approved. The Director's decision shall take into account the actuarial justifications and public comments. The Dep artment shall notify the insurer of the decision, make t he decision available to the public by posting it on the De partment's website, and include an explanation of the findin gs, actuarial justifications, and rationale that are the basis for the decision. Any company whose rate has been modified or disapproved shall be allowed to request a hearing within 10 days after t he action taken. The action of the Director in disapproving a rate shall be subject to judicial review under the Administr ative Review Law. (g) If, following the issuance of a decision but before the effective date of the pr emium rates approved by the deci sion, an event occurs that materially affects the Director' s decision to approve, deny, or modify the rates, the Direc tor may consider supplemental facts or data reasonably related to the event. (h) The Department shall ad opt rules implementing the procedures described in subsections ( d) through (g) by March 31, 2024. (i) Su bsection (a), subsections (c) through (h), and subsection (j) of this Section do not apply to grandfathered health plans as defined in 45 CFR 147.140; excepted benefits as defined in 42 U.S.C. 300gg-91; or student health insurance coverage as defined in 45 CFR 147.145. For a filing o f premium rates or classifications of risk for any of the se types of coverage, the Director's initial review pe riod shall not exceed 60 days to issue informal objections t o the company that request additional clarification, explan ation, substantiating documentation, or correction of concerns identified in the filing before the company impl ements the premium rates, classifications, or related ra te-setting methodologies described in the filing, except that the Director may extend by not more than a n additional 30 days the period of initial review by giving wri tten notice to the company of such extension before the expi ration of the initial 60-day perio d. Nothing in this subsection shall confer authority u pon the Director to approve, modify, or disapprove rates wher e that authority is not provi ded by other law. Nothing in this subsection shall pr ohibit the Director from conducting any investigation, examin ation, hearing, or other formal administrative or enforcement proceeding with respect to a company's rate filing or implementatio n thereof under applicable law at any time, including after the period of initial review. (j) Subsectio n (a) and subsections (c) through (h) do not apply to gro up policies issued in the large group market as defined in Section 5 of the Illinois Health Insurance Portabili ty and Accountability Act. For large group policies issu ed, delivered, amended, or renewed on or after January 1, 2 026 that are not described in subsection (i), the premium rate s and risk classifications, including any rate manuals and rules used to arrive at the rates, must be filed with the D epartment annually for approval at least 120 days before the rates are intended to take effect. (1) A rate filing shall be modified or disapproved if the premiums are unreasonable in relation to the benefits because the rates were not calculated in accordance with sound actuarial principles. (2) Within 60 days of receipt of the rate filing, the Dire ctor shall issue a decision to approve, disapprove, or modify the filing along with the reasons and actuarial justificat ion for the decision. Any rate filing or rates within a fi ling on which the Director does not issue a decision within 60 days shall be automatically de emed approved. (3) Any co mpany whose rate or rate filing has been modified or d isapproved shall be allowed to request a hearing within 10 da ys after the action taken. The action of the Director in disap proving a rate or rate filing shall be subject to judicial review under the Administrative Review Law. (4) Nothing in this subsection requires a company to file a large group policy's final premium rates for prior approval if the company negotiates the final rates or rat e adjustments with the plan sponsor or its administrator in accordance with the rate manual and rules of the currently approved rate filing for the policy.

In this subsection, "administrator" and "plan sponsor" ha ve the meanings meaning given to those terms in 29 U.S.C. 1002(16).

(Source: P.A. 103-106, eff. 1-1-24; 103-650, Article 3, Section 3-5, eff. 1-1-25; 103-650, Article 4, Section 4 -5, eff. 1-1-25; revised 11-26 -24.)

(215 ILCS 5/356z.5) Sec. 356z.5. Prescription inhalers inhalants. (a) In this Section, "prescription inhaler" means a prescribed medical device that delivers inhaled medications used to tr eat breathing for persons suffering from asthma or other l ife-threatening bronchial ailments. "Prescription inh aler" includes metered-dose inhalers, nebulizers, an d dry powder inhalers. "Prescription inhaler" does not incl ude inhalers available over the counter without a prescr iption to provide temporary relief from respiratory sym ptoms. (b) A group or individual policy of accident and health insurance or managed c are plan amended, deliver ed, issued, or renewed through December 31, 2025 that provides coverage for pres cription drugs may not deny or limit coverage for prescription inhalers to enable persons to breathe when suffering from asthma or other life-threatening bronchial ailments based upon any restri ction on the number of days before an inhaler refill may be obtained if, contra ry to those restrictions, the inhalants have been ordered or prescribed by the treating physician and are medically appropriate. (c) A gr oup or individual policy of accident and health insu rance or managed care plan amended, delivered, issued, or re newed on or after January 1, 2026 that provides coverage for prescription drugs may not deny or limit, except as otherwise p rovided in this subsection, coverage for prescription inhalers to e nable persons to breathe when suffering from asthma or ot her life-threatening bronchial ailments based upon any r estriction on the number of days before an inhaler refill may be obtain ed if, contrary to those restrictions, the inhalants hav e been ordered or prescribed by the treating physician and are medically appropriate. A group or individual policy of accid ent and health insurance or managed care plan subject to this subsection shall limit the total amount that a c overed person is required to pay for a covered prescription inha ler to an amount not to exceed $25 per 30-day supply . (d) Nothing in this Section prevents a grou p or individual policy of accident and health insurance or mana ged care plan from reducing a covered person's cost sharing to an amount less than the amount specified in subsection (c). (e) Coverage for prescription inhalers shall not be subject to any deductible; except that this provision does n ot apply to the extent such coverage would disqualify a high-deductible health plan from eligibility for a heal th savings account pursuant to Section 223 of the Internal Revenue Code (26 U.S.C. 223). (f) The Department m ay adopt rules necessary to implement and administer this Secti on and to align with federal requirements. The Departmen t may use any of its enforcement powers to obtain a group or individual policy of accident and health insurance's or mana ged care plan's compliance with this Section.

(Source: P.A. 103-951, eff. 1-1-25; revised 1 1-22-24.) (215 ILCS 5/356z.14) Sec. 356z.14. Au tism spectrum disorders. ( a) A group or individual policy of accident and health insu rance or managed care plan amended, delivered, issued, or renewed af ter December 12, 2008 (the effective date of Public Act 95-1005) must provide individuals under 21 years of a ge coverage for the diagnosis of autism spectrum diso rders and for the treatment of autism spectrum disorders to the extent that the diagnosis and treatment of autism spectr um disorders are not already covered by the poli cy of accident and health insurance or managed care plan. (b) Coverage provided under this Sec tion shall be subject to a maximum benefit of $36,000 per ye ar, but shall not be subject to any l imits on the number of visits to a service provider. T he After December 30, 2009, the Director of the Division of Insurance shall, on an annual basis, adjust the maximum benefit for inflation using the Medical Care Component of the United States Department of Labor Consumer Price Index for All Urban Consumers. Payments made by an insurer on behalf of a covered individual for any care, treatment, intervention, service, or item, the provision of which was for the treatment of a health condition not diagnosed as an autis m spectrum disorder, shall not be applied toward any maximum benef it established under this subsection. (c) Coverage under this Section shall be subject to copayment, de ductible, and coinsurance provisions of a policy of accident a nd health insurance or managed care plan to the extent that o ther medical services covered by the policy of acc ident and health insurance or managed care plan are subjec t to these provisions. (d) This Section shall not be construed as limiting benefits that are otherwise available to an indivi dual under a policy of accident and health insurance or managed care plan and benefits provided under this Section may not be subject to dollar limits, deductibles, copayments, or coinsura nce provisions that are less favorable to the insured than the dollar limits, deductibles, or coinsurance provisions that app ly to physical illness generally. (e) An insu rer may not deny or refuse to provide otherwise covered service s, or refuse to renew, refuse to reissue, or otherwise terminat e or restrict coverage under an individual contract to pro vide services to an individual because the individual or the individual's their dependent is diagnosed with an autism s pectrum disorder or due to the individual utilizing benefits i n this Section. (e-5) An insurer may not deny or refuse to provide otherwise covered services und er a group or individual policy of accident and health insuranc e or a managed care plan solely because of the location wherein the clinically appropriate services are provided. (f) Upon request of t he reimbursing insurer, a provider of treatment for autism sp ectrum disorders shall furnish medical records, clinical notes, or other necessary data that substantiate that initial or continued medical treatment is medically necessary and is resulting in improved clinical status. When treatment is anticipated to require continued services to achieve d emonstrable progress, the insurer may request a treatment p lan consisting of diagnosis, proposed treatment by type, fre quency, anticipated duration of treatment, the anticipated ou tcomes stated as goals, and the frequency by which the tre atment plan will be updated. (g) When making a determination of medical necessity for a treatment modality for autism spectrum disorders, an in surer must make the determination in a manner that is consistent with the manner used to make that determinatio n with respect to other diseases or illnesses covered under th e policy, including an appeals process. During the appeals proc ess, any challenge to medical necessity must be viewed as r easonable only if the review includes a ph ysician with expertise in the most current and effective tr eatment modalities for autism spectrum disorders.

(h) Coverage for medically necessary early inter vention services must be delivered by certified early interv ention specialists, as defined in 89 Ill. Adm. Code 500 an d any subsequent amendments thereto. (h-5) If an individual has been diagnosed as having an a utism spectrum disorder, meeting the diagnostic criteria in place at the time of diagnosis, and treatment is dete rmined medically necessary, then that individual shall remain eligible for coverage under this Section even if subsequent changes to th e diagnostic criteria are adopted by the American Psychiatr ic Association. If no changes to the diagnostic criteria are adopted after April 1, 2012, and before December 31, 2014, then this subsection (h-5) shall be of no further force and effect. (h-10) An insurer ma y not deny or refuse to provide covered services, or refuse to renew, refuse to reissue, or otherwise terminate or restric t coverage under an individual contract, for a person diagnose d with an autism spectrum disorder on the basis that the in dividual declined an alternative medic ation or covered service when the individual's health ca re provider has determined that such medication or covered service may exacerbate clinical symptomatology and is med ically contraindicated for the individual and the individual has requested and received a medical exception as provided for under Section 45.1 of the Managed Care Reform an d Patient Rights Act. For the purposes of this subsection (h -10), "clinical symptomatology" means any indicat ion of disorder or disease when experienced by an individual as a change from normal function, sensation, or appearance. (h-15) If, at any time, the Secreta ry of the United States Department of Health and Human Service s, or its successor agency, promulgates rules or regulations to be published in the Federal Register o r publishes a comment in the Federal Register or issues an opinion, guidance, or other action that would require the S tate, pursuant to any provision of the Patient Protection and Affordable Care Act (Public Law 111-148), includin g, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any successor provision, to defray the cost of any cov erage outlined in subsection (h-10), then subsection (h-10) is inoperative with respect to all covera ge outlined in subsection (h-10) other than that a uthorized under Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and the State shall not assume any obligation for the cost of the coverage set forth in subsection (h-10). (i) As used in this Section: "Autism spectrum disorders" means pervasive developmen tal disorders as defined in the most recent edition of the Diagnostic and Statistical Man ual of Mental Disorders, including autism, Asperger's disorder, a nd pervasive developmental disorder not otherwise specifie d. "Diagnosis of autism spectrum disorders " means one or more tests, evaluations, or assessments to d iagnose whether an individual has autism spectrum disorder tha t is prescribed, performed, or ordered by (A) a physician licensed to practice medicine in all its branches or (B ) a licensed clinical psychologist with expertise in diag nosing autism spectrum disorders. "Medically necessary" means any care, treatment, intervention, service , or item which will or is reasonably expected to do any of the following: (i) prevent the onset of an illness, condition, i njury, disease, or disability; (ii) reduce or ameliorate the phy sical, mental, or developmental effects of an illness, condition, injury, disease, or disability; or (iii) assist to achieve or maintain maximum functional activity in performing daily activities. "Treatment for autism spectrum disorders" shall include the following care prescribed, provided, or ordered for an individual diagnosed with an autism spectrum disorder by (A) a physician licensed to practice medicin e in all its branches or (B) a certified, registered, or li censed health care professional with expertise in treating effects of autism spectrum disorders when the care is deter mined to be medically necessary and ordered by a physician lic ensed to practice medicine in all its branches: (1) Psychiatric care, meaning d irect, consultative, or diagn ostic services provided by a licensed psychiatris t. (2) Psychological care, meaning direct o r consultative services provided by a licensed psychologist. (3) Habilitative or rehabi litative care, meaning professional, counseling, and guidance services and trea tment programs, including applied behavior analysis, t hat are intended to develop, maintain, and restore the func tioning of an individual. As used in this subsection (i), "applied beha vior analysis" means the design, implementation, and eva luation of environmental modifications using behavioral sti muli and consequences to produce socially significant improveme nt in human behavior, including the use of direct observation, measurement, and functional analysis of the relations between environment and behavior.

(4) Therapeutic care, including behavioral, speech, occupational, and physical therapies that provide treatme nt in the following areas: (i) self care and feeding, (ii) pragmatic, receptive, and expressive language, (iii) cognitiv e functioning, (iv) applied behavior analysis, intervention, and modification, (v) mot or planning, and (vi) sensory processing. (j) Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the ru les being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rule s and procedures of the Joint Committee on Administrativ e Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P. A. 102-322, eff. 1-1-22; 103-154, eff. 6-30-23; revised 7-23-24.) (215 ILCS 5/356z.25) Sec. 356z.25.

Coverage for treatment of pediatr ic autoimmune neuropsychiatric disorders associated with s treptococcal infections and pediatric acu te-onset acute onset neuropsychiatric syndrome. A group or individual policy of accident an d health insurance or managed care plan that is amended , delivered, issued, or renewed after July 18, 2017 (the effective date of Public Act 100-24) shall provide coverage for treat ment of pediatric autoimmune neuropsychiatric disorders asso ciated with streptococcal infections and pediatric acute-onset neuropsychiatric syndrome, including, but not li mited to, the use of intravenous immunoglobulin therapy.

No group or individual policy of accident a nd health insurance or manage d care plan shall deny or delay coverage for medically necessary treatment under this Section s olely because the insured, enrollee, or beneficiary previously received any treatment , including the same or similar treatment, for pediatric autoimmune neuropsychia tric disorders associated with streptococcal infections or pediatric a cute-onset acute onset neuropsychiatric syndrome, or because the insured, enrollee, or beneficiary has been diagnosed with or receives treatment for an otherwise diagnosed condition. For the purposes of this Section, coverage of pediatric autoimmune neuropsychiatric disorders associated with streptococcal i nfections and pediatric acute-onset acute onset neuropsychi atric syndrome shall adhere to the treatment recommendati ons developed by a medical professional consortium convened for the purposes of researching, identifying, and pu blishing best practice standards for diagnosis and tre atment of such disorders or syndrome that are accessi ble for medical professionals and are based on evidence of p ositive patient outcomes. Coverage for any form of medically necessary treatment shall not be limited over a lifetime of an insured, enrollee, or beneficiary, unless the p atient is no longer benefiting from the treatment, or by policy period. Nothing in this Section prevents insurers from request ing treatment notes and anticipated duration of treatment and outcomes. For billing and diagnosis purposes, pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acut e-onset acute onset neuropsychiatric syndrome shall be coded as autoi mmune encephalitis until the American Medical Association and the Centers for Medicare and Medicaid Services crea te and assign a specific code for pediatric autoimmune n europsychiatric disorders associated with streptococcal infecti ons and pediatric acute-onset acute onset neuropsychiatric syndrome. The reafter, pediatric autoimmune neuropsychiatric disorders assoc iated with streptococcal infections and pediatric a cute-onset acute onset neuropsychiatric syndrome may be coded as autoimmune encephalitis, pediatric autoimmune neuropsychiatric disord ers associated with streptococcal infections, or pediatric acute-onset acute onset neuropsychiatric syndrome. If, at any time, t he Secretary of the United States Department of Health an d Human Services, or its successor agency, promulgates ru les or regulations to be published in the Federal Register or publishes a comment in the Federal Re gister or issues an opinion, guidance, or other action that would require the State, pursuant to any provision of t he Patient Protection and Affordable Care Act (Public Law 111-148), including, but not limited to, 42 U.S.C. 1803 1(d)(3)(B) or any successor provision, to defray the co st of any coverage for pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute-onset acute onset neuropsychiatric syndrome outlined in this Section, then the requirement that an insurer cover pediatric autoimmune neuropsychiatric disord ers associated with streptococcal infections and pediatric acute-onset acute onset neuropsychiatric syndrome is inoperative other than any such coverage au thorized under Section 1902 of the Social Secu rity Act, 42 U.S.C. 1396a, and the State shall not a ssume any obligation for the cost of coverage for pediatri c autoimmune neuropsychiatric disorders associated with stre ptococcal infections and pediatric acute-ons et acute onset neuropsychia tric syndrome. (Source: P.A. 103-59, eff. 6-9-23; revised 10-23-24.)

(

215 ILCS 5/356z.40) (Text of Section before amendment by P.A. 10 3-701 and 103-720) Sec. 356z.40. Pregnancy a nd postpartum coverage. (a) An individual or group policy of accident and health i nsurance or managed care plan amended, delivered, issued, or ren ewed on or after October 8, 2021 (the effective date of Public Act 102-665) this amendatory Act of the 102nd General Assembly shall provide cover age for pregnancy and newborn care in accordance with 42 U .S.C. 18022(b) regarding essential health benefits. (b) Benefits under this Section shall be as follows: (1) An individual who has been identified as experiencing a high-ri sk pregnancy by the individual's treating provider shall have access to clinically appropriate case management programs. As used in this su bsection, "case management" means a mechanism to coordinate and assure contin uity of services, including, but not limited to, health serv ices, social services, and educational services necessary for the individual. "Case management" involves individualized assessment of needs, planning of services, referral, monitoring, and advocacy to assist an individual in gaining access to appropriate services a nd closure when services are no longer required. "Case managem ent" is an active and collaborative process involving a single qualified case manager, the individual, the individual's family, the providers, and the community. This includes close coordination and involvement with all service providers in the managem ent plan for that individual or family, including assuring that the individual receives the se rvices. As used in this subsection, "high-risk pregnancy" means a pregnancy in which the pregnant or postpartum individual or b aby is at an increased risk for poor health or complications during pregnancy or childbirth, including, but not limited to, hypertension disorders, gestational diabe tes, and hemorrhage.

(2) An individual shall have access to medically ne cessary treatment of a mental, emotional, nervous, or subs tance use disorder or condition consistent with the requi rements set forth in this Section and in Sections 370c an d 370c.1 of this Code. (3) The benefits provided for inpatient and outpatient s ervices for the treatment of a mental, emotional, nervous, or substance use disorder or condition related to pregnan cy or postpartum complications shall be provided if determi ned to be medically necessary, consistent with the requirem ents of Sections 370c and 370c.1 of this Code. The facilit y or provider shall notify the insurer of both the admission and the initial treatment plan within 4 8 hours after admission or initiation of treatment . Subject to the requirements of Sections 370c and 370c.1 of this Code, nothing in this paragraph shall prevent an insu rer from applying concurrent and post-service utiliz ation review of health care services, including review o f medical necessity, case management, experimental and investigational treatments, managed c are provisions, and other terms and conditions of the i nsurance policy. (4) The benefits for the first 48 hours of initiation of ser vices for an inpatient admission, detoxification or wit hdrawal management program, or partial hospitalization admi ssion for the treatment of a mental, emotional, nervous, or s ubstance use disorder or condition related to pregn ancy or postpartum complications shall be provided without post-service or concurrent review of medical necessit y, as the medical necessity for the first 48 hours of such services shall be determined solely by the covered pregnan t or postpartum individual's provider. Subject to Sections Section 370c and 370c.1 of this Code, nothing in this paragraph shall p revent an insurer from applying concurrent and post-service utilization review, including the review of m edical necessity, case management, experimental and investigation al treatments, managed care provisions, and other terms and conditions of the insurance policy, of any inpatient admission, detoxification or withdrawal management program admission, or partial hospitalization admission services for the treatment of a mental, emotional, nervous, or substance use disorder or condition related to pregnancy or postpart um complications received 48 hours after the initiation of such services. If an insurer determines that the se rvices are no longer medically necessary, then the covered person shall have the right to external review pursuant to the requirements of the Health Carrier External Review A ct. (5) If an insurer de termines that continued inpatient care, detoxification or w ithdrawal management, partial hospitalization, intensive outpatien t treatment, or outpatient treatment in a facility is no longer medically necessary, the insu rer shall, within 24 hours, provide written notice to the covered pregnant or postpartum individual and the covered pr egnant or postpartum individual's provider of its decision and the right to file an expedited internal appea l of the determination. The insurer shall review a nd make a determination with respect to the in ternal appeal within 24 hours and communicate such determin ation to the covered pregnant or postpartum individual and the covered pregnant or postpartum individual's pro vider. If the determination is to uphold the denia l, the covered pregnant or postpartum individual and the covered pregnant or postpartum individual's provider ha ve the right to file an expedited external appeal. An ind ependent review organization shall make a determination within 72 hours. If the insurer's determination is upheld and it is determined that continued inpati ent care, detoxification or withdrawal management, partial h ospitalization, intensive outpatient treatment, or outp atient treatment is not medically necessary, the ins urer shall remain responsible for providing benefits for t he inpatient care, detoxification or withdrawal managem ent, partial hospitalization, intensive outpatient tr eatment, or outpatient treatment through the day f ollowing the date the determination is made, and the co vered pregnant or postpartum individual shall only be re sponsible for any applicable copayment, deductible, and coinsurance for the stay through that date as appl icable under the policy. The covered pregnant or postpartu m individual shall not be discharged or released f rom the inpatient facility, detoxification or withdrawal m anagement, partial hospitalization, intensive outpatient treatment, or outpatient treatment until all inter nal appeals and independent utilization review organizatio n appeals are exhausted. A decision to reverse an adverse determination shall comply with the Health Carrier Exte rnal Review Act. (6) Except as otherwise stated in this subsection (b) , the benefits and cost-sharing shall be provided to the same extent as for any other medical condition covered under the policy. (7) The benefits required by paragraphs (2) and ( 6) of this subsection (b) are to be provided to all covered pregnant or postpartum individuals with a diagn osis of a mental, emotional, nervous, or substance use d isorder or condition. The presence of additional related or unrelated diagnoses shall not be a basis to reduce o r deny the benefits required by this subsection (b). (Source: P.A. 102-665, eff. 10-8-21; 103-650, eff. 1-1-25; revised 9-10-24.) (Tex t of Section after amendment by P.A. 103-701 and 103 -720) Sec. 356z.40. Pregnancy and postpartum coverage . (a) An individ ual or group policy of accident and health insuran ce or managed care plan amended, delivered, issued, or renewe d on or after October 8, 2021 (the effective date of Public A ct 102-665) shall provide coverage for pregnancy and newborn care in accordance with 42 U.S.C. 1 8022(b) regarding essential health benefits. For policies ame nded, delivered, issued, or renewed on or after Januar y 1, 2026, this subsection also applies to coverage for p ostpartum care. (b) Benefits under this Section shall be as follows:

(1) An individual who has been identified as ex periencing a high-risk pregnancy by the individual' s treating provider shall have access to clinically appropriate case management programs. As us ed in this subsection, "case management" means a mechanism to co ordinate and assure continuity of services, including, but not limited to, health services, social services, and educational services necessary for the individual. "Case management" involves individualized assessment of needs, planning of services, referral, monito ring, and advocacy to assist an individual in gaining acc ess to appropriate services and closure when services are no l onger required. "Case management" is an active and collabor ative process involving a single qualified case manager, the indivi dual, the individual's family, the providers, and the communi ty. This includes close coordination and involvement with al l service providers in the management plan for that i ndividual or family, including assuring that the individual receives the se rvices. As used in this subsection, "high-risk pregnancy" means a pregnancy in which the pregnant or postpartum individual or b aby is at an increased risk for poor health or complications during pregnancy or childbirth, including, but not limited to, hypertension disorders, gestational diabe tes, and hemorrhage.

(2) An individual shall have access to medically ne cessary treatment of a mental, emotional, nervous, or subs tance use disorder or condition consistent with the requi rements set forth in this Section and in Sections 370c an d 370c.1 of this Code. (3) The benefits provided for inpatient and outpatient s ervices for the treatment of a mental, emotional, nervous, or substance use disorder or condition related to pregnan cy or postpartum complications shall be provided if determi ned to be medically necessary, consistent with the requirem ents of Sections 370c and 370c.1 of this Code. The facilit y or provider shall notify the insurer of both the admission and the initial treatment plan within 4 8 hours after admission or initiation of treatment . Subject to the requirements of Sections 370c and 370c.1 of this Code, nothing in this paragraph shall prevent an insu rer from applying concurrent and post-service utiliz ation review of health care services, including review o f medical necessity, case management, experimental and investigational treatments, managed c are provisions, and other terms and conditions of the i nsurance policy. (4) The benefits for the first 48 hours of initiation of ser vices for an inpatient admission, detoxification or wit hdrawal management program, or partial hospitalization admi ssion for the treatment of a mental, emotional, nervous, or s ubstance use disorder or condition related to pregn ancy or postpartum complications shall be provided without post-service or concurrent review of medical necessit y, as the medical necessity for the first 48 hours of such services shall be determined solely by the covered pregnan t or postpartum individual's provider. Subject to Sections Section 370c and 370c.1 of this Code, nothing in this paragraph shall p revent an insurer from applying concurrent and post-service utilization review, including the review of m edical necessity, case management, experimental and investigation al treatments, managed care provisions, and other terms and conditions of the insurance policy, of any inpatient admission, detoxification or withdrawal management program admission, or partial hospitalization admission services for the treatment of a mental, emotional, nervous, or substance use disorder or condition related to pregnancy or postpart um complications received 48 hours after the initiation of such services. If an insurer determines that the se rvices are no longer medically necessary, then the covered person shall have the right to external review pursuant to the requirements of the Health Carrier External Review A ct. (5) If an insurer de termines that continued inpatient care, detoxification or w ithdrawal management, partial hospitalization, intensive outpatien t treatment, or outpatient treatment in a facility is no longer medically necessary, the insu rer shall, within 24 hours, provide written notice to the covered pregnant or postpartum individual and the covered pr egnant or postpartum individual's provider of its decision and the right to file an expedited internal appea l of the determination. The insurer shall review a nd make a determination with respect to the in ternal appeal within 24 hours and communicate such determin ation to the covered pregnant or postpartum individual and the covered pregnant or postpartum individual's pro vider. If the determination is to uphold the denia l, the covered pregnant or postpartum individual and the covered pregnant or postpartum individual's provider ha ve the right to file an expedited external appeal. An ind ependent review organization shall make a determination within 72 hours. If the insurer's determination is upheld and it is determined that continued inpati ent care, detoxification or withdrawal management, partial h ospitalization, intensive outpatient treatment, or outp atient treatment is not medically necessary, the ins urer shall remain responsible for providing benefits for t he inpatient care, detoxification or withdrawal managem ent, partial hospitalization, intensive outpatient tr eatment, or outpatient treatment through the day f ollowing the date the determination is made, and the co vered pregnant or postpartum individual shall only be re sponsible for any applicable copayment, deductible, and coinsurance for the stay through that date as appl icable under the policy. The covered pregnant or postpartu m individual shall not be discharged or released f rom the inpatient facility, detoxification or withdrawal m anagement, partial hospitalization, intensive outpatient treatment, or outpatient treatment until all inter nal appeals and independent utilization review organizatio n appeals are exhausted. A decision to reverse an adverse determination shall comply with the Health Carrier Exte rnal Review Act. (6) Except as otherwise stated in this subsection (b) and subsection (c), the benefits and cost-sharing s hall be provided to the same extent as for any other medical condition covered under the policy. (7) The benefits required by p aragraphs (2) and (6) of this subsection (b) are to be provided to (i) all covered pregnant or postpartum i ndividuals with a diagnosis of a mental, emotional, nerv ous, or substance use disorder or condition and (ii) all individuals who have experienced a miscarriage or still birth. The presence of additional related or unrelated diag noses shall not be a basis to reduce or deny the benefit s required by this subsection (b). (8) Insurers shall cover all services for pre gnancy, postpartum, and newborn care that are rendered by perinatal doulas or licensed certified professional mi dwives, including home births, home visits, and support during labor, abortion, or miscarriage. Coverage shall i nclude the necessary equipment and medical supplies for a home birth. For home visits by a perinatal doula, not counting any home birth, the policy may limit cov erage to 16 visits before and 16 visits after a birth, miscarriag e, or abortion, provided that the policy shall not be required to cover more than $8,000 for doula visits for each pre gnancy and subsequent postpartum period. As used in this para graph (8), "perinatal doula" has the meaning given in subs ection (a) of Section 5-18.5 of the Illinois Public Aid Code. (9) Coverag e for pregnancy, postpartum, and newborn care shall includ e home visits by lactation consultants and the purchas e of breast pumps and breast pump supplies, including s uch breast pumps, breast pump supplies, breastfeeding su pplies, and feeding aids as recomme nded by the lactation consultant. As used in this paragraph (9), "lactation consultant" means an Internationa l Board-Certified Lactation Consultant, a cert ified lactation specialist with a certification from Lacta tion Education Consultants, or a certified lactation co unselor as defined in subsection (a) of Section 5-18. 10 of the Illinois Public Aid Code. (10) Coverage for postpartum services sha ll apply for all covered services rendered within the first 12 months after the end of pregnancy, subject to a ny policy limitation on home visits by a perinatal doula allowed under paragraph (8) of this subsection (b). Noth ing in this paragraph (10) shall be construed to require a policy to cover services for an individual who is no longer in sured or enrolled under the policy. If an indi vidual becomes insured or enrolled under a new policy, the new policy shall cover the individual consistent with t he time period and limitations allowed under this paragraph (10). This paragraph (10) is subject to the requir ements of Section 25 of the Managed Care Reform and Patient Rights Act, Section 20 of the Network Adequacy and Trans parency Act, and 42 U.S.C. 300gg-113. (c) All coverage described in subsection (b), other than health care services for home births, sh all be provided without cost-sharing, except that, f or mental health services, the cost-sharing prohibition does not apply to inpatient or residential services, a nd, for substance use disorder services, the cost-shar ing prohibition applies only to levels of treatment below and not including Level 3.1 (Clinically Managed L ow-Intensity Residential), as established by the American Society for Addiction Medicine. This subsectio n does not apply to the extent such coverage would disquali fy a high-deductible health plan from eligibili ty for a health savings account pursuant to Section 223 of the Internal Revenue Code. (Source: P .A. 102-665, eff. 10-8-21; 103-650, eff. 1-1-25; 103-701, eff. 1-1-26; 103-720, eff. 1-1-26; revise d 11-26-24.) (215 ILCS 5/356z.61) Sec. 356 z.61. Coverage for liver dis ease screening. A group or indivi dual policy of accident and health insurance or a managed care plan t hat is amended, delivered, issued, or renewed on or after January 1, 2025 shall provide coverage for preventative liver disease screenings for individuals 35 years of age or older and unde r the age of 65 at high risk for liver disease, including l iver ultrasounds and alpha-fetoprotein blood tests every 6 months, without imposing a deductible, coinsurance, copayment , or any other cost-sharing requirement on the cove rage provided; except that this Section does not apply to covera ge of liver disease screenings to the extent such covera ge would disqualify a high-deductible health plan from eligibility for a health savings account pursuant to Section 22 3 of the Internal Revenue Code.(Source: P.A. 103-84, eff. 1-1-24; 103-605, eff. 7-1-24.) (215 ILCS 5/356z.71) Sec. 356z.71. Coverage for mobile integrated hea lth care services. (a) In th is Section: "Eligible recipient" means a n individual who has received hospital emergency department ser vices 3 or more times in a period of 4 consecutive months in th e past 12 months or an individual who has been identified by a health care provider as an individual for whom mobile integrated health care services would likely prevent admission or read mission to or would allow discharge from a hospital, behavioral heal th facility, acute care facility, or nursing facility. "Mobile integrated health care services" means medically necessary health services provided on-site by emer gency medical services personnel, as defined in Section 5 of the Emergency Medical Services (EMS) Systems Act. "Mobile integrated health care services" includes health assessment, chronic disease monitoring and education, medication compliance, immunizations and vaccinations, laboratory specimen collection, hospital discha rge follow-up care, and minor medical procedures as approved by the applicable E MS Medical Director. "Mobi le integrated health care services" does not include nonemergency ambulance transport. (b) A group or individual policy of accident and hea lth insurance or a managed care plan that is amended, deliv ered, issued, or renewed on or after January 1, 2026, shall p rovide coverage to an eligible recipient for medically n ecessary mobile integrated health care services. (Source: P.A. 103-1024, eff. 1-1-25. ) (215 ILCS 5/35

6z.72) Sec. 356z.72 356z.61. Wigs and hair pro stheses. A group or individual plan of acc ident and health insurance or managed care plan amended, delivered, issued, or renewed after January 1, 2026 mu st provide coverage, no less than once every 12 months, for one wig or other scalp prosthesis worn for hair loss caused by alopecia, chemotherapy, or radiation treatment for ca ncer or other conditions.(Source: P.A . 103-753, eff. 8-2-24; revised 9- 25-24.) (215 ILCS 5/356z.73) Sec. 356z.73

356z.71. Insurance coverage for dependent parents. (a) A group or individua l policy of accident and health insurance issued, amended, delivered, or renewed after January 1, 2026 that pro vides dependent coverage shall make that dependent coverage available to the par ent or stepparent of the insured if the parent or stepparent meets the definition of a qualifying relative under 26 U.S.C. 152(d) and lives or resides with in the accident and health insurance policy's service area. (b) This Section does not apply to specialize d health care service plans, Medicare supplement insurance , hospital-only policies, accident-only policies , or specified disease insurance policies that reimburse for h ospital, medical, or surgical expenses.

(Source: P.A. 103-700, eff. 1-1-25; revised 12-3-24.) (215 ILCS 5/356z.74) Sec. 356z.74 356z.71. Coverage for annual menop ause health visit. A group or individual policy of accident and health insura nce providing coverage for more than 25 employees that is amend ed, delivered, issued, or renewed on or after January 1, 2026 shall provide, for individuals 45 years of age and olde r, coverage for an annual menopause health visit. A policy su bject to this Section shall not impose a deductible, coinsura nce, copayment, or any other cost-sharing requiremen t on the coverage provided; exce pt that this Section does not apply to this coverage to the extent such coverage would disqualify a high-deductible hea lth plan from eligibility for a health savings account pursua nt to Section 223 of the Internal Revenue Code.(Source: P.A. 103-751, ef f. 8-2-24; revised 9-25-24.) (215 ILCS 5/356z.75)

Sec. 356z.75

356z.71. Coverage during a generic drug shortage. (a) As used in this Section: "Eligible prescription drug " means a prescription drug approved under 21 U.S.C. 355(c) t hat is not under patent. "Generic drug" mean s a drug that is approved pursuant to an application refere ncing an eligible prescription drug that is submitted under sub section (j) of Section 505 of the Federal Food, Drug, a nd Cosmetic Act, 21 U.S.C. 355(j). "Unavailable" means being listed as Currently in Shortage or as a Disconti nuation in the United States Food and Drug Administration 's Drug Shortages Database. "Unavailable" does not include being lis ted as a Resolved Shortage in the United States Food and Drug Administration's Drug Shortages Database. (b) If a generic drug or a therapeutic equivalent is unavailable due to a supply issue and dosage cannot be a djusted, a group or individual policy of accident and health insurance or a mana ged care plan that is amended, delivered, issued, or renewed after January 1, 2026 shall provide coverage for a brand name eli gible prescription drug until supply of the g eneric drug or a therapeutic equivalent is avai lable.(Source: P.A. 103-758, eff. 1-1-25; revised 12-3-24.) (215 ILCS 5/356z.76) Sec. 356z.76 356z.71. Coverage for at-home pregnancy tests. A group or individual policy of accid ent and health insurance or a managed care plan that is ame nded, delivered, issued, or renewed on or after January 1, 20 26 shall provide coverage for at-home, urine-based pregnancy tests that are prescribed to the covered person, regardless of whether the tests are otherwise available over-the-counter. The coverage required under this Section is limited to 2 at-home, urine-based pregnancy tests every 30 days.(Source: P.A. 103-870, eff . 1-1-25; revised 12-3-24.) (215 IL

CS 5/356z.77) Sec. 356z.77 356z.71. Coverage of vaccination administration fees. (a) A group or individual policy of accident and healt h insurance or a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2026 shall provide coverage for vaccinations for COVID-19, influenza, and respiratory syncytial virus, including the administration of the vaccine by a pharmacist o r health care provider authorized to administer such a vaccin e, without imposing a deductible, coinsurance, copayment, or any other cost-sharing requirement, if the following conditions are met: (1) the vaccine is authorized or licensed by the United States Food and Drug Administrat ion; and (2) the vaccine is ordered and administered according to the Advisory Committee on Immunization Practices standard immunization schedule.

(b) If the vaccinations provided for in subsection (a) are not otherwise availab le to be administered by a contracted pharmacist or health care provider, the group or individual policy of accident an d health insurance or a managed care plan shall cover th e vaccination, including administration fees, without im posing a deductible, coinsurance, copayment, or any other cos t-sharing requirement. (c) The cover age required in this Section does not apply to the extent tha t the coverage would disqualify a high-deductible healt h plan from eligibility for a health savings account pursuant t o Section 223 of the Internal Revenue Code of 1986. (Source: P.A. 103-918, eff. 1-1-25; revised 1 2-3-24.)

(215 ILCS 5/356z.78) Sec. 356z.78 356z.71. Coverage for medically necessary care and treatment to addre ss a major injury to the jaw either through an acci dent or disease. (a) In this Section, "medically necessary care and treatment to ad dress a major injury to the jaw either through an accident o r disease" includes: (1) ora l and facial surgery, including reconstructive services and procedures necessary to improve, restore, or maintain vital fu nctions; (2) dental im plants, crowns, or bridges; (3) prosthetic treatment such as obturators, speech appliances, and feeding appliances; (4) orthodontic treatment and management ;

(5) prosthodontic treatment and management; and (6) otolaryngology treatment and management. (b) An individual or group policy of accident and health insurance amend ed, delivered, issued, or renewed on or after January 1, 2026 shall provide coverage for medically necessary care and treatment to address a major injury to the jaw either through an accident or disease. Coverage under this Section may impose the same deduct ibles, coinsurance, or other cost-sharing lim itations that are imposed on other related benefits under the policy.(Source: P.A. 103-972, eff. 1-1-25; revised 12-3-24.) (215 ILCS 5/363) (T ext of Section before amendment by P.A. 103-747)

Sec. 363. Medicare supplement policie s; minimum standards. (1) Except as other wise specifically provided therein, this Section and Section 363a of this Code shal l apply to: (a) all Medicare suppl ement policies and subscriber contracts delivered or issu ed for delivery in this State on and after January 1, 1989; a nd (b) all certificates iss ued under group Medicare supplement policies or subscriber cont racts, which certificates are issued or issued for delivery in this State on and after January 1, 1989. This Section shall not apply to "Accident Only" or "Speci fied Disease" types of policies. The prov isions of this Section are not intended to prohibit or apply to policies or health care benefit plans, including group conversion policies, provided to Medicare eligible persons, which policies or plans are not m arketed or purported or held to be Medicare supplement policies or benefit plans. (2) For the purposes of this Section and Section 363a, the following terms have the following meanings: (a) "Applicant" mean s: (i) in the case of individual Medicare supplement policy, the person who seeks to contract for insu rance benefits, and (ii) in the case of a group Medicare policy or subscr iber contract, the proposed certificate holder. (b) "Certificate" means any certifi cate delivered or issued for delivery in this State under a group Medicare supplement policy. (c) "Medicare supplement policy " means an individual policy of accident and health insurance, as defined in paragraph (a) of subsection (2) of S ection 355a of this Code, or a group policy or certificate de livered or issued for delivery in this State by an ins urer, fraternal benefit society, voluntary health servi ce plan, or health maintenance organization, other than a poli cy issued pursuant to a contract under Section 1876 of the federal Social Security Act (42 U.S.C. Section 1395 et seq.) or a policy issued under a demonstration project specified in 42 U.S.C. Section 1395ss(g)(1), or any similar organization, that is advertis ed, marketed, or designed primarily as a supplement to reimbur sements under Medicare for the hospital, medical, or su rgical expenses of persons eligible for Medi care. (d) "Issuer" incl udes insurance companies, fraternal benefit societies, voluntary health service plan s, health maintenance organizations, or any other entity pr oviding Medicare supplement insurance, unless the context clearly indicates otherwise. (e) "Medicare" means the Health Insurance for the Aged Act, Title XVIII of the Social Security Am endments of 1965. (3) No Medicare sup plement insurance policy, contract, or certificate, that pr ovides benefits that duplicate benefits provided by Medicare, shall be issued or issued for delivery in this S tate after December 31, 1988. No such policy, contrac t, or certificate shall provide lesser benefits than thos e required under this Section or the existing Medicare Sup plement Minimum Standards Regulation, except where duplic ation of Medicare benefits would result. (4) Medicare supplement policies or certifi cates shall have a notice prominently printed on the first page of the policy or attached thereto stating in substance that the policyholder or certificate holder shall ha ve the right to return the policy or certificate within 30 days of its delivery and to have the premium refunded dire ctly to him or her in a timely manner if, after examinati on of the policy or certificate, the insured person is not satisfied for any reason. (5) A Medicare supplement policy or certificate may not deny a cla im for losses incurred more than 6 months from the eff ective date of coverage f or a preexisting condition. The policy may not define a pr eexisting condition more restrictively than a condition for which medical advice was given or treatment was recommended b y or received from a physician within 6 months before t he effective date of coverage. (6) An iss uer of a Medicare supplement policy shall: (a) not deny coverage to an applica nt under 65 years of age who meets any of the following criteria: (i) becomes el igible for Medicare by reason of disability if the person m akes application for a Medicare supplement policy within 6 months of the first day on which the person enrolls for b enefits under Medicare Part B; for a person who is retr oactively enrolled in Medicare Part B due to a retroactive el igibility decision made by the Social Security Administration, the application must be submitted within a 6-month period beginning with the month in which the person received notice of retroactive eligibility to enroll; (ii) has Medicare and an employer group health plan (eit her primary or secondary to Medicare) that terminat es or ceases to provide all such supplemental health benefit s; (iii) is insu red by a Medicare Advantage plan that includes a Health Maintenance Organization, a Preferred Provider Organization, and a Private Fee-For-Service or Medi care Select plan and the applicant moves out of the plan's service area; the insurer goes out of business, withdraws from the market, or has its Medicare contract terminated; or the plan violates its contract provisions or is misrepresented in its marketing; or (iv) is insured by a Medicare supplement p olicy and the insurer goes out of business, withdraws from the market, or the insurance compan y or agents misrepresent the plan and the applicant is without coverage; (b) make available to persons eligible for Medicare by reason of disability each type of Medicare supplement policy the issuer makes available to persons eligibl e for Medicare by reason of age; (c) not charge individuals who become eligi ble for Medicare by reason of disability and who are u nder the age of 65 premium rates for any medic al supplemental insurance benefit plan offered by the issuer th at exceed the issuer's highest rate on the cur rent rate schedule filed with the Depa rtment Division of Insura nce for that plan to individuals who are age 65 or o lder; and (d) provide the rights granted by items (a) through (d), for 6 months after June 1, 2008 (the effective date of Public Act 95-436) this amendatory Act of the 95th General As sembly, to any person who had enrolled f or benefits under Medicare Part B prior to Public Act 95-436 and this amendatory Act of the 95th Gen eral Assembly who otherwise would have been elig ible for coverage under item (a). (7 ) The Director shall issue reasonable rules and regulation s for the following purposes: (a) To establish specific standards for policy provisions of Medicare policies and certificates. The stand ards shall be in accordance with the requirements of this C ode. No requirement of this Code relating to minimu m required policy benefits, other than the minimum standa rds contained in this Section and Section 363a, shall apply to Medicare supplement policies and certifi cates. The standards may cover, but are not limited to the following:

(A) Terms of ren ewability. (B) Initial and subsequent terms of eligibility. (C) Non-duplication of co verage. (D) Probationary and elimination periods. (E) Benefit limitations, exc eptions and reductions. (F) R equirements for replacement. ( G) Recurrent conditions. (H) Definition of terms. (I) Requirements for issuing rebates or credits to policyholders if the policy's loss ratio d oes not comply with subsection (7) of Section 363a. (J) Uniform methodology for the calculating and reporting of loss ratio informatio n. (K) Assuring p ublic access to loss ratio information of an issuer of Medicare supplement insurance. (L) Establis hing a process for approving or disapproving proposed premium increas es. (M) Establishing a policy for holding public hearings prior to approval of premium increases. (N) Establishing standards for Medicare Select policies. (O) Prohibited policy provi sions not otherwise specifically authorize d by statute that, in the opinion of the Director, are unjust, unfair, or un fairly discriminatory to any person insured or proposed for coverage under a Medicare medicare supplement policy or certificate. (b) To establish minimum standards for benefits and claims payments, marketing practices, compensation arrangemen ts, and reporting practices for Medicare supplement policies . (c) To implement transitional requirements of Medicare supplement insurance benefi ts and premiums of Medicare supplement policies and certificates to conform to Medicare p rogram revisions. (8) If a n individual is at least 65 years of age but no more than 75 years of a ge and has an existing Medicare supplement policy, the in dividual is entitled to an annual open enrollment period lasting 45 days, comme ncing with the individual's birthday, and the individual ma y purchase any Medicare supplement polic y with the same issuer that offers benefits equal to or les ser than those provided by the previous coverage . During this open enrollment period, an issuer of a Medicare supplement policy shall not deny or condition the issuance or effectiveness of Medicare supplemental coverage, nor discriminate in the pricing of coverage, because of health status, claims ex perience, receipt of health care, or a medical condition o f the individual. An issuer shall provide notice of this annual open enrollment period for eligible Me dicare supplement policyholders at the time that th e application is made for a Medicare supplement policy or cer tificate. The notice shall be in a form that may be pre scribed by the Department. (9) W ithout limiting an individual's eligibility under Departme nt rules implementing 42 U.S.C. 1395ss(s)(2)(A), for at least 63 days after the later of the applicant's loss o f benefits or the notice of termination of benefits, includ ing a notice of claim denial due to termination of benefits, under the State's medical assistance program under Article V of the Illinois Public Aid Code, an issuer shall not deny or condition the issuance or effectiveness of any Medi care supplement policy or certificate that is offered and is available for issuance to new enrollees by the issuer; shall not discriminate in the pricing of such a Med icare supplement policy because of health status, claims e xperience, receipt of health care, or medical condition; and sh all not include a policy provision that imposes an exclusion of benefits based on a preexisting condition under such a M edicare supplement policy if the individual: (a) is enrolled for Medicare Part B; (b) was enrolled in the State's medical assistance program during the COVID-1 9 Public Health Emergency described in Section 5- 1.5 of the Illinois Public Aid Code; (c) was terminated or disenrolled from the State' s medical assistance program after the COVID-19 Public He alth Emergency and the later of the date of termination of be nefits or the date of the notice of termination, including a n otice of a claim denial due to termination, occurred o n, after, or no more than 63 days before the end of eith er, as applicable: (A) the individual's Medicare supplement open enrollment period described in Department rules implementing 42 U.S.C. 13 95ss(s)(2)(A); or (B) the 6-month period described in Section 363(6)(a)(i) of this Code; and (d) subm its evidence of the date of termination of benefits or notic e of termination under the State's medical assistance p rogram with the application for a Medicare supplement policy or certific ate. (10) Each Medicare supplement poli cy and certificate available from an insurer on and after June 16, 2023 (the effective date of Public Act 103-102) this amendatory Act of the 103rd Genera l Assembly shall be made available to all appl icants who qualify under subparagraph (i) of paragraph (a) of subsection (6) or Department rules implementing 42 U.S.C. 1395ss(s)(2)(A) without regard to age or applicab ility of a Medicare Part B late enrollment penalty.(Source: P.A. 102-142, eff. 1-1-22; 103-102, eff. 6-16-23; revised 10-24-24.)

(Text of Section after amendment by P.A. 103-747)

Sec. 363. Medicare supple ment policies; minimum standards. (1) Except as otherwise specifically pr ovided therein, this Section and Section 363a of this Code shall apply to: (a) all Medicare supplement policies and subscriber contr acts delivered or issued for delivery in this State on and after January 1, 1 989; and (b) all certificates issued under group Medicare supp lement policies or subscriber contracts, which certificates are issued or issued for delivery in this State on and after January 1, 19 89. This Section shall not apply to "Accid ent Only" or "Specified Disease" types of policies. The prov isions of this Section are not intended to prohibit or apply to policies or health care benefit plans, including group conversion policies, provided t o Medicare eligible persons, which policies or plans are not mark eted or purported or held to be Medicare supplement policies or benefit plans. (2) For the purposes of this Section and Section 363a, the following terms have the following meanings: (a) "Applicant" mean s: (i) in the case of individual Medicare supplement policy, the person who seeks to contract for insu rance benefits, and (ii) in the case of a group Medicare policy or subscr iber contract, the proposed certificate holder. (b) "Certificate" means any certifi cate delivered or issued for delivery in this State under a group Medicare supplement policy. (c) "Medicare supplement policy " means an individual policy of accident and health insurance, as defined in paragraph (a) of subsection (2) of S ection 355a of this Code, or a group policy or certificate de livered or issued for delivery in this State by an ins urer, fraternal benefit society, voluntary health servi ce plan, or health maintenance organization, other than a poli cy issued pursuant to a contract under Section 1876 of the federal Social Security Act (42 U.S.C. Section 1395 et seq.) or a policy issued under a demonstration project specified in 42 U.S.C. Section 1395ss(g)(1), or any similar organization, that is advertis ed, marketed, or designed primarily as a supplement to reimbur sements under Medicare for the hospital, medical, or su rgical expenses of persons eligible for Medi care. (d) "Issuer" incl udes insurance companies, fraternal benefit societies, voluntary health service plan s, health maintenance organizations, or any other entity pr oviding Medicare supplement insurance, unless the context clearly indicates otherwise. (e) "Medicare" means the Health Insurance for the Aged Act, Title XVIII of the Social Security Am endments of 1965. (3) No Medicare sup plement insurance policy, contract, or certificate, that pr ovides benefits that duplicate benefits provided by Medicare, shall be issued or issued for delivery in this S tate after December 31, 1988. No such policy, contrac t, or certificate shall provide lesser benefits than thos e required under this Section or the existing Medicare Sup plement Minimum Standards Regulation, except where duplic ation of Medicare benefits would result. (4) Medicare supplement policies or certifi cates shall have a notice prominently printed on the first page of the policy or attached thereto stating in substance that the policyholder or certificate holder shall ha ve the right to return the policy or certificate within 30 days of its delivery and to have the premium refunded dire ctly to him or her in a timely manner if, after examinati on of the policy or certificate, the insured person is not satisfied for any reason. (5) A Medicare supplement policy or certificate may not deny a cla im for losses incurred more than 6 months from the eff ective date of coverage f or a preexisting condition. The policy may not define a pr eexisting condition more restrictively than a condition for which medical advice was given or treatment was recommended b y or received from a physician within 6 months before t he effective date of coverage. (6) An iss uer of a Medicare supplement policy shall: (a) not deny coverage to an applica nt under 65 years of age who meets any of the following criteria: (i) becomes el igible for Medicare by reason of disability if the person m akes application for a Medicare supplement policy within 6 months of the first day on which the person enrolls for b enefits under Medicare Part B; for a person who is retr oactively enrolled in Medicare Part B due to a retroactive el igibility decision made by the Social Security Administration, the application must be submitted within a 6-month period beginning with the month in which the person received notice of retroactive eligibility to enroll; (ii) has Medicare and an employer group health plan (eit her primary or secondary to Medicare) that terminat es or ceases to provide all such supplemental health benefit s; (iii) is insu red by a Medicare Advantage plan that includes a Health Maintenance Organization, a Preferred Provider Organization, and a Private Fee-For-Service or Medi care Select plan and the applicant moves out of the plan's service area; the insurer goes out of business, withdraws from the market, or has its Medicare contract terminated; or the plan violates its contract provisions or is misrepresented in its marketing; or (iv) is insured by a Medicare supplement p olicy and the insurer goes out of business, withdraws from the market, or the insurance compan y or agents misrepresent the plan and the applicant is without coverage; (b) make available to persons eligible for Medicare by reason of disability each type of Medicare supplement policy the issuer makes available to persons eligibl e for Medicare by reason of age; (c) not charge individuals who become eligi ble for Medicare by reason of disability and who are u nder the age of 65 premium rates for any medic al supplemental insurance benefit plan offered by the issuer th at exceed the issuer's highest rate on the cur rent rate schedule filed with the Depa rtment Division of Insura nce for that plan to individuals who are age 65 or o lder; and (d) provide the rights granted by items (a) through (d), for 6 months after June 1, 2008 (the effective date of Public Act 95-436) this amendatory Act of the 95th General As sembly, to any person who had enrolled f or benefits under Medicare Part B prior to Public Act 95-436 and this amendatory Act of the 95th Gen eral Assembly who otherwise would have been elig ible for coverage under item (a). (7 ) The Director shall issue reasonable rules and regulation s for the following purposes: (a) To establish specific standards for policy provisions of Medicare policies and certificates. The stand ards shall be in accordance with the requirements of this C ode. No requirement of this Code relating to minimu m required policy benefits, other than the minimum standa rds contained in this Section and Section 363a, shall apply to Medicare supplement policies and certifi cates. The standards may cover, but are not limited to the following:

(A) Terms of ren ewability. (B) Initial and subsequent terms of eligibility. (C) Non-duplication of co verage. (D) Probationary and elimination periods. (E) Benefit limitations, exc eptions and reductions. (F) R equirements for replacement. ( G) Recurrent conditions. (H) Definition of terms. (I) Requirements for issuing rebates or credits to policyholders if the policy's loss ratio d oes not comply with subsection (7) of Section 363a. (J) Uniform methodology for the calculating and reporting of loss ratio informatio n. (K) Assuring p ublic access to loss ratio information of an issuer of Medicare supplement insurance. (L) Establis hing a process for approving or disapproving proposed premium increas es. (M) Establishing a policy for holding public hearings prior to approval of premium increases. (N) Establishing standards for Medicare Select policies. (O) Prohibited policy provi sions not otherwise specifically authorize d by statute that, in the opinion of the Director, are unjust, unfair, or un fairly discriminatory to any person insured or proposed for coverage under a Medicare medicare supplement policy or certificate. (b) To establish minimum standards for benefits and claims payments, marketing practices, compensation arrangemen ts, and reporting practices for Medicare supplement policies . (c) To implement transitional requirements of Medicare supplement insurance benefi ts and premiums of Medicare supplement policies and certificates to conform to Medicare p rogram revisions. (8) If a n individual is at least 65 years of age but no more than 75 years of a ge and has an existing Medicare supplement policy, the in dividual is entitled to an annual open enrollment period lasting 45 days, comme ncing with the individual's birthday, and the individual ma y purchase any Medicare supplement polic y with the same issuer or any affiliate authorized to trans act business in this State that offers benefits equal to or lesser than those provided by the pr evious coverage. During this open enrollment peri od, an issuer of a Medicare supplement policy shall not deny or condition the issuance or ef fectiveness of Medicare supplemental coverage, nor discriminate in the pricing of coverage, because of health status, clai ms experience, receipt of health care, or a medical condition of the individual. An issuer shall provi de notice of this annual open enrollment period for eligible Medicare supplement policyholders at the time that the application is made for a Medicare supplement polic y or certificate. The notice shall be in a form tha t may be prescribed by the Department.

(9) Without limiting an individual's eligibility under D epartment rules implementing 42 U.S.C. 1395ss(s)(2)(A), for at least 63 days after the later of the applicant's lo ss of benefits or the notice of termination of benefits, inc luding a notice of claim denial due to termination of benef its, under the State's medical assistance program under Article V of the Illinois Public Aid Code, an issuer shall n ot deny or condition the issuance or effectiveness of any Medi care supplement policy or certificate that is offered and is available for issuance to new enrollees by the issuer; shall not discriminate in the pricing of such a Med icare supplement policy because of health status, claims e xperience, receipt of health care, or medical condition; and sh all not include a policy provision that imposes an exclusion of benefits based on a preexisting condition under such a M edicare supplement policy if the individual: (a) is enrolled for Medicare Part B; (b) was enrolled in the State's medical assistance program during the COVID-1 9 Public Health Emergency described in Section 5- 1.5 of the Illinois Public Aid Code; (c) was terminated or disenrolled from the State' s medical assistance program after the COVID-19 Public He alth Emergency and the later of the date of termination of be nefits or the date of the notice of termination, including a n otice of a claim denial due to termination, occurred o n, after, or no more than 63 days before the end of eith er, as applicable: (A) the individual's Medicare supplement open enrollment period described in Department rules implementing 42 U.S.C. 13 95ss(s)(2)(A); or (B) the 6-month period described in Section 363(6)(a)(i) of this Code; and (d) subm its evidence of the date of termination of benefits or notic e of termination under the State's medical assistance p rogram with the application for a Medicare supplement policy or certific ate. (10) Each Medicare supplement poli cy and certificate available from an insurer on and after June 16, 2023 (the effective date of Public Act 103-102) this amendatory Act of the 103rd Genera l Assembly shall be made available to all appl icants who qualify under subparagraph (i) of paragraph (a) of subsection (6) or Department rules implementing 42 U.S.C. 1395ss(s)(2)(A) without regard to age or applicab ility of a Medicare Part B late enrollment penalty.(Source: P.A. 102-142, eff. 1-1-22; 103-102, eff. 6-16-23; 103-7 47, eff. 1-1-26; revised 10-24 -24.) (215

ILCS 5/367a) (from Ch. 73, par. 979a) Sec. 367a. Blanket accident and health insur ance. (1) Blanket accident and health insurance is the form of accident and health insurance providing excepted benefits, as defined in Section 352c, that covers special groups of persons as enumerated in one of the following paragraphs (a) to (g), inclu sive: (a) Under a policy or contract issued to any carrier for hire, which shall be deemed the policyholder, covering a group defined as all persons who may become passengers on such carrier. (b) Under a policy or contract issued to an employer, who shall be deemed the policyholder, covering all employees or any group of employees defin ed by reference to exceptional hazards incident to such employment. (c) Under a policy or contract issued to a college, school, or other institution of learning or to the head or princip al thereof, who or which shall be deemed the policyholder, covering students or teachers. However, student heal th insurance coverage, as defined in 45 CFR 147.145, shall remain subject to the standards and requirements for individual health insurance coverage except where inconsistent with that regulation. Student health insurance coverage shall not be subject to the Short-Term, Limited-Duration Heal th Insurance Coverage Act. An insurer issuer providing student health insura nce coverage or a policy or contract covering students for limited-scope dental or vision under 45 CFR 148.220 s hall require an individual application or enrollment form and shall furnish each insured individual a c ertificate, which shall have been approved by the Director u nder Section 355. (d) Under a policy or contract issued in the name of a ny volunteer fire department, first aid, or other such volunteer group, which sha ll be deemed the policyholder, covering all of the members of such department or group.

(e) Under a policy or contract issued to a cre ditor, who shall be deemed the policyholder, to insure debtors of the creditors; Provided, however, that in th e case of a loan which is subject to the Small Loan s Act, no insurance premium or other cost shall be dir ectly or indirectly charged or assessed against, or coll ected or received from the borrower. (f) Under a policy or contract issued to a sports team or to a camp, which team or camp sponsor shall be deemed the policyholder, co vering members or campers. (g) Under a policy or contract issued to any other substa ntially similar group which, in the discretion of the Dir ector, may be subject to the issuance of a blanket accident and health policy or contract. (2) A ny insurance company authorized to write accident and health insurance in this state shall hav e the power to issue blanket accident and health insuran ce. No such blanket policy may be issued or delivered in this State unless a copy of the form thereof shall have been filed in accordance with Section 355, and it contains in substance such of those pro visions contained in Sections 357.1 through 357.30 as may b e applicable to blanket accident and health insurance an d the following provisions: (a) A provision that the policy and the applicatio n shall constitute the entire contract between the parties, and that all statements made by the policy holder shall, in absence of fraud, be deemed representations and not warranties, and that no such statements shall be used in defense to a claim under the policy, unless it is contained in a wri tten application. (b) A provision that to the group or class thereof originall y insured shall be added from time to time all new persons or individuals eligible for coverage. ( 3) An individual application shall not be required from a p erson covered under a blanket accident or health policy or co ntract, nor shall it be necessary for the insurer to furnish e ach person a certificate. (3.5) Subsection ( 3) does not apply to major medical insurance, or to any except ed benefits or short-term, limited-duration hea lth insurance coverage for which an insured individua l pays premiums or contributions. In those cases, the insure r shall require an individual application or enroll ment form and shall furnish each insured individual a cert ificate, which shall have been approved by the Director un der Section 355 of this Code. (4) All be nefits under any blanket accident and health policy shall be payable to the person insured, or to his designa ted beneficiary or beneficiaries, or to his or her estate, except that if the person insured be a minor or person u nder legal disability, such benefits may be made payable to his or her parent, guardian, or other person actually supporting him or her. Provided further, however, that the policy m ay provide that all or any portion of any indemnities provi ded by any such policy on account of hospital, nursing, medi cal or surgical services may, at the insurer's option, be paid directly to the hospital or person rendering such services; but the policy may not require that th e service be rendered by a particular hospital or person. Pa yment so made shall discharge the insurer's obligation with re spect to the amount of insurance so paid.

(5) Nothing contained in this Section section shall be deemed to affect the le gal liability of policyholders for the death of or injury to , any such member of such group.(Sou rce: P.A. 103-649, eff. 1-1-25; 103-718, eff. 1-1-25; revised 11-26-24.) (215 ILCS 5/367f) (from Ch. 73, par.

979f) Sec. 36 7f. Firefighters' continu ance privilege. As used in this Sect ion: 1. The terms "municipality", "deferred pensioner" and "creditable service" shall have the meaning as cribed to such terms by Sections 4-103, 4-105a, and 4-108, respectively, of the Illinois Pension Code, as now or hereafter amende d. 2. "Firefighter" means a pe rson who is a "firefighter" as defined in Section 4-106 of the Illinois Pension Code, a paramedic who is employed by a unit of local government, or an emergency medical technician, emergency medical te chnician-basic, emergency medical technician-inter mediate, or advanced emergency medical technician who is employed by a unit of local government. 3. The "retirement or disability period" of a f irefighter means the period: a. which begins on the day the firefighter is removed from a municipality's fire department payroll because of the occurrence of any of the following events, to wit: (i) the firefighter retires as a deferred pensioner under Section 4-105a of the Illinois Pension Code, ( ii) the firefighter retires from active service as a f irefighter with an attained age and accumulated creditable se rvice which together qualify the firefighter for immediate receipt of retirement pension benefits under Section 4-109 of the Illinois Pension Code, or (iii) the firefighter's disability is es tablished under Section 4-112 of the Illinois Pensio n Code; and b. which ends on the first to occur of any of the following events, to wit: (i) the firefighter's reinstatement or reentry into active service on the municipality's fire department as provided for und er Article 4 of the Illinois Pension Code, (ii) the firefighte r's exercise of any refund option available under Section 4-116 of the Illinois Pension Code, (i ii) the firefighter's loss pursuant to Section 4-138 of the Illinois Pension Code of any benefits pro vided for in Article 4 of that Code, or (iv) the firefigh ter's death or -- if at the time of the firefig hter's death the firefighter is survived by a spouse w ho, in that capacity, is entitled to receive a surviving spo use's monthly pension pursuant to Article 4 of the Illino is Pension Code -- then the death or remarri age of that spouse. No policy of gr oup accident and health insurance under which firefighters employ ed by a municipality are insured for their individual ben efit shall be issued or delivered in this State to any muni cipality unless such group policy provides for the elect ion of continued group insurance coverage for the retire ment or disability period of each firefighter wh o is insured under the provisions of the group polic y on the day immediately preceding the day on which t he retirement or disability period of such firefi ghter begins. So long as any required premiums for con tinued group insurance coverage are paid in accordance with th e provisions of the group policy, an election made pursuant to this Section shall provide continued group insurance coverage for a firefighter throughout the retirement or disability period of the firefighter and, unless the firefighter otherwise elects and subject to any other provisions of th e group policy which relate either to the provision or to the termination of dependents' coverage and which are not in consistent with this Section, for any dependents of the firefighter who are insured under the group policy on the day immediat ely preceding the day on which the retirement or disability pe riod of the firefighter begins; provided, however, that when s uch continued group insurance coverage is in effect with res pect to a firefighter on the date of the firefighter's death bu t the retirement or disability period of the firefighter do es not end with such firefighter's death, then the deceased firefighter's surviving spouse upon whose death or remarr iage such retirement or disability period will end shall be e ntitled, without further election and upon payment of any req uired premiums in accordance with the provisions of the group p olicy, to maintain such continued group insurance coverage in e ffect until the end of such retirement or disability perio d. Continued group insurance coverage shall be provided in acco rdance with this Section at the same premium rate from tim e to time charged for equivalent coverage provided under t he group policy with respect to covered firefighters whose r etirement or disability period has not begun, and no d istinction or discrimination in the amount or rate of premiums or in any waiver of premium or other benefit provision shall be made between continued group insurance coverage elected pursuant to this Section and equivalent coverage provided t o firefighters under the group policy other than pursuant to the provisions of this Section; provided that no municipality s hall be required by reason of any provision of this Section to pay any group insurance premium other than one that may be ne gotiated in a collective bargaining agreement. If a person elec ting continued coverage under this Section becomes eligible fo r medicare coverage, benefits under the group policy may continue as a supplement to the medicare coverage upon pay ment of any required premiums to maintain the benefits of the group policy as supplemental coverage. Within 15 days of the beginning of the retirement or disabi lity period of any firefighter entitled to elect continued grou p insurance coverage under any group policy affected by t his Section, the municipality last employing such firefighter s hall give written notice of such beginning by certified mail, return receipt requested to the insurance company issuing such policy. The notice shall include the firefighter's name and last known place of residence and the beginnin g date of the firefighter's retirement or disability period. Within 15 days of the date of receipt of suc h notice from the municipality, the insurance company by cert ified mail, return receipt requested, shall give written notice to the firefighter at the firefighter's last known plac e of residence that coverage under the group policy may be con tinued for the retirement or disability period of the firef ighter as provided in this Section. Such notice shall set for th: (i) a statement of election to be filed by the firefighter if the firefighter wishes to continue such group insurance co verage, (ii) the amount of m onthly premium, including a statement of the portion of such monthly premium attributable to any dependents' coverage which the firefighter may elect, and (iii) instr uctions as to the return of the election form to the insurance company issuing such policy. Election shall be made, if at all, by returning the statement of election to the insuran ce company by certified mail, return receipt requested wit hin 15 days after having received it. If th e firefighter elects to continue coverage, it shall be the ob ligation of the firefighte r to pay the monthly premium directly to the municipality, which shall forward it to the insurance company issuing the group insurance policy, or as otherwis e directed by the insurance company; provided, however, that th e firefighter shall be entitled to designate on the statement of election required to be filed with the insurance company tha t the total monthly premium, or such portion thereof as is not contributed by a municipality, be deducted by a Firefighter's Pension Fund from any monthly pension payment otherwise pa yable to or on behalf of the firefighter pursuant to Art icle 4 of the Illinois Pension Code, and be remitted by such Pension Fund to the insurance company. The portio n, if any, of the monthly premium contributed by a municipality for such continued group insurance coverage shall be paid by th e municipality directly to the insurance company issuing the group insurance policy, or as otherwise directed by the in surance company. Such continued group insurance coverage sh all relate back to the beginning of the firefighter's ret irement or disability period. The amen dment, renewal, or extension of any group insurance policy af fected by this Section shall be deemed to be the issuance of a new policy of insurance for purposes of this Section. In the event that a municipality makes a program of accident, health, hospital, or medic al benefits available to its firefighters through self-insurance, or by participation in a pool or reciprocal in surer, or by contract in a form other than a policy of gro up insurance with one or more medical service plans, heal th care service corporations, health maintenance organizat ions, or any other professional corporations or plans under which health care or reimbursement for the costs ther eof is provided, whether the cost of such benefits is b orne by the municipality or the firefighters or both, such fir efighters and their surviving spouses shall have the same rig ht to elect continued coverage under such program of ben efits as they would have if such benefits were provided by a policy of group accident and health insurance. In such cases, the notice of right to elect continued coverage shall be sent by the municipality; the s tatement of election shall be sent to the municipality; and r eferences to the required premium shall refer to that portion of the cost of such benefits wh ich is not borne by the municipality, either volunta rily or pursuant to the provisions of a collective bargaining agreement. In the case of a municipality providing such benefits through self-i nsurance or participation in a pool or reciprocal insurer, the r ight to elect continued coverage which is provided by this paragraph shall be implemented and made available to th e firefighters of the municipality and qualifying sur viving spouses not later than July 1, 1985. T he amendment, renewal, or extension of an y such contract in a form other than a policy of group insura nce policy shall be deemed the formation of a new contract for the purposes of this Section. This Section s hall not limit the exercise of any conversion privileges avail able under Section 367e. Pursuant to parag raphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution, this Section specifically denies and limits th e exercise by a home rule unit of any power which is inconsi stent with this Section and all existing laws and ordina nces which are inconsistent with this Section are hereby superseded. This Section does not preempt the concurrent exercise by home rule units of powers consistent herewith. The Division of Insurance of the Department of Insurance Financial and Professional Regulation shall enforce the provisions of this Section, including provisions relating to municipality self-insured benef it plans. (Source : P.A. 103-52, eff. 1-1-24; revised 7-18-24.) (215 ILC

S 5/370c) (from Ch. 73, par. 982c) Sec. 370c. Mental and emotional disorders. (a )(1) On and after January 1, 2022 (the effective date of Pu blic Act 102-579), every insurer that amends, delivers , issues, or renews group accident and health policies providing coverage for hospital or medical treatment or services for il lness on an expense-incurred basis shall provide cover age for the medically necessary treatment of mental, emotional, nervous, or substance use disorders or conditions consistent with the parity requirements of Section 370c.1 of this Code. (2) Each insured that is covered for mental, emoti onal, nervous, or substance use disorders or conditions shall be free to select the physician licensed to practice medicine in all its branches, licensed clinical psychologist, licensed clinic al social worker, licensed clinical professional counselor, licensed marriage and family therapist, licensed speech-language patholo gist, or other licensed or certified professional at a program licensed pursuant to the Substance Use Disorder Act of his or her choice to treat such disorders, and the insurer shall pay the covered charges of such phys ician licensed to practice medicine in all its branches, li censed clinical psychologist, licensed clinical social worker, l icensed clinical professional counselor, licensed marriage and family therapist, licensed speech-language pathologis t, or other licensed or certified professional at a program licens ed pursuant to the Substance Use Disorder Act up to the limi ts of coverage, provided (i) the disorder or condition treate d is covered by the policy, and (ii) the physician, licensed psychologist, lice nsed clinical social worker, licensed clinical professio nal counselor, licensed marriage and family therapist, lice nsed speech-language pathologist, or other licensed or c ertified professional at a program licensed pursuant to the Substance Use Disorder Act is authorized to provide sa id services under the statutes of this State and in accordan ce with accepted principles of his or her profession.

(3) Insofar as this Section applies solely to licensed clinical social workers, licensed clinical professional counsel ors, licensed marriage and family therapists, licensed speech-language pathologists, and other licensed or ce rtified professionals at programs licensed pursuant to th e Substance Use Disorder Act, those persons who may provide services to individuals shall do so after the licensed clinic al social worker, licensed clinical professional counselor, li censed marriage and family therapist, licensed speech-lan guage pathologist, or other licensed or certified profes sional at a program licensed pursuant to the Substance Us e Disorder Act has informed the patient of the desirability of the patient conferring with the patient's primary care physician. (4) "Mental, emotional, nervous, or substance use disorder or condition" means a condition or d isorder that involves a mental health condition or substance us e disorder that falls under any of the diagnostic categories li sted in the mental and behavioral disorders chapter of the curr ent edition of the World Healt h Organization's International Classification of Diseas e or that is listed in the most recent version of the Am erican Psychiatric Association's Diagnostic and Statistical Ma nual of Mental Disorders. "Mental, emotional, nervous, or substance use disorder or condition" includes any mental health conditi on that occurs during pregnancy or during the postpartum per iod and includes, but is not limited to, postpartum depress ion. (5) Medically necessary treatment an d medical necessity determinations shall be interpreted and ma de in a manner that is consistent with and pursuant to subsect ions (h) through (t). (b)(1) (Blank). (2) (Blank). (2.5) (Blank).

(3) Unless otherwise prohibited by federal law and c onsistent with the parity requirements of Section 370c.1 of this Code, the reimbursing insurer that amends, delivers, i ssues, or renews a group or individual policy of accident and health insurance, a qualified health plan offered through t he health insurance marketplace, or a provider of treatment of mental, emotional, nervous, or substance use disorders or co nditions shall furnish medical records or other necessary da ta that substantiate that initial or continued treatment is at all times medically necessary. An insurer shall provide a m echanism for the timely review by a provider holding the same license and practicing in the same specialty as the pat ient's provider, who is unaffiliated with the insurer, jointly selected by the patient (or the p atient's next of kin or legal representative if the pati ent is unable to act for himself or herself), the patient's pr ovider, and the insurer in the event of a dispute between t he insurer and patient's provider regarding the medical ne cessity of a treatment proposed by a patient's provider. If the r eviewing provider determines the treatment to be me dically necessary, the insurer shall provide reimbursement fo r the treatment. Future contractual or employment actions by the insurer regarding the patient's provider may not be base d on the provider's participation in this procedure. Nothing p revents the insured from agreeing in writing to continue tre atment at his or her expense. When making a determination of the medical necessity for a treatment modality for mental , emotional, nervous, or substance use disorders or conditions , an insurer must make the determination in a manner that is consistent with the manner used to make that determination with respect to other diseases or illnesses covered under the poli cy, including an appeals process. Medical necessity dete rminations for substance use disorders shall be made in accorda nce with appropriate patient placement criteria established by the American Society of Addiction Medicine. No additional crit eria may be used to make medical necessity determination s for substance use disorders. (4) A group health benefit plan amended, delivered, issued, or renewed o n or after January 1, 2019 (the effective date of Public Act 10 0-1024) or an individual policy of accident and h ealth insurance or a qualified health plan offered through the health insurance marketplace amended, delivered, issued, or renewed on or after January 1, 2019 (the effective date of Public Act 100-1024):

(A) shall provide coverage based upon medical ne cessity for the treatment of a mental, emotional, nerv ous, or substance use disorder or condition consistent with the parity requirements of Section 370c.1 of this Code; pr ovided, however, that in each calendar year coverage shall no t be less than the following: (i) 45 days of inpatient treatment; and (ii) beginning on Ju ne 26, 2006 (the effective date of Public Act 94-921 ), 60 visits for outpatient treatment including group and indiv idual outpatient treatment; and (iii) for plans or policies delivered, issued for delivery, renewed, or modified after January 1, 2007 (the effective date of Public Act 94-906), 20 additional outpatient visits for speech therapy f or treatment of pervasive developmental disorders that wi ll be in addition to speech therapy provided pursuant to i tem (ii) of this subparagraph (A); and (B) may not include a lifetime limit on the number of days of in patient treatment or the number of outpatient visits covered under the plan. (C) (Blank). (5) An issuer of a g roup health benefit plan or an individual policy of acc ident and health insurance or a qualified health pla n offered through the health insurance marketplace may not count toward the number of outpatient visits required to be covered under this Section an outpatie nt visit for the purpose of medication management and shall cover the outpatient visits under the same terms and condi tions as it covers outpatient visits for the treatme nt of physical illness. (5 .5) An individual or group health benefit plan amended, delive red, issued, or renewed on or after September 9, 2015 (the effective date of Public Act 99-480) sha ll offer coverage for medically necessary acute trea tment services and medically necessary clinical stab ilization services. The treating provider shall base all treatment recommendations and the health benefit plan shall base all me dical necessity determinations for substance use disorders i n accordance with the most current edition of the Treatm ent Criteria for Addictive, Substance-Related, and Co-Occurring Conditions establishe d by the American Society of Addiction Medicine. Th e treating provider shall base all treatment recommendat ions and the health benefit plan shall base all medical nec essity determinations for medication-assisted treatm ent in accordance with the most current Treatment Criteria for Addictive, Substance-Related, and Co-Occurring Cond itions established by the American Society of Addiction Medic ine. As used in this subsecti on:

"Acute treatment services" means 24-hour medic ally supervised addiction treatment that provides evaluation and withdrawal management and may include biopsychosocial assessment , individual and group counseling, psychoeducational groups, an d discharge planning. "Clin ical stabilization services" means 24-hour treatment , usually following acute treatment services for subs tance abuse, which may include intensive education and counsel ing regarding the nature of addiction and its consequen ces, relapse prevention, outreach to families and significant others, and aftercare planning for individuals beginning to engage in r ecovery from addiction. (6) An issuer of a g roup health benefit plan may provide or offer coverage re quired under this Section through a managed care plan. (6.5) An individual or group health benefit plan ame nded, delivered, issued, or renewed on or after January 1, 2019 (the effec tive date of Public Act 100-1024): (A) shall not impose prior authorization requirements, including limitations on dosage, other than those establ ished under the Treatment Criteria for Addictive, Substance-Related, and Co-Occurring Conditions estab lished by the American Society of Addiction Medicine, on a pres cription medication approved by the United States Food and Dr ug Administration that is prescribed or administered for the trea tment of substance use disorders;

(B) shall not impose any step therapy requiremen ts; (C) shall place a ll prescription medications approved by the United States Food and Drug Administration prescribed or administered for the treatment of substance use disorders on, for bran d medications, the lowest tier of the drug formulary develop ed and maintained by the individual or group health benefit p lan that covers brand medicat ions and, for generic medications, the lowest tier of the drug formulary developed and maintained by the individual or gr oup health benefit plan that covers generic medications; and (D) shall not exclude coverage for a pre scription medication approved by the United States Food and Drug Administration for the treatment of subst ance use disorders and any associated counseling or wraparo und services on the grounds that such medications and servi ces were court ordered. (7) (Blank). (8) (Blank). (9) Wi th respect to all mental, emotional, nervous, or substance use disorders or conditions, coverage for inpatient treatment shall include coverage for treatment in a residential treatment center certified or licensed by the Department of Public Health or the Department of Human Services.

(c) This Section shall not be interpre ted to require coverage for speech therapy or other habil itative services for those individuals covered under S ection 356z.15 of this Code. (d) With r espect to a group or individual policy of accident and hea lth insurance or a qualified health plan offered throu gh the health insurance marketplace, the Department and, with respect to medical assistance, the Departmen t of Healthcare and Family Services shall each enforce t he requirements of this Section and Sections 356z.23 an d 370c.1 of this Code, the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Ac t of 2008, 42 U.S.C. 18031(j), and any amendments to, and f ederal guidance or regulations issued under, those Acts, including, b ut not limited to, final regula tions issued under the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 and fin al regulations applying the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 to Medicaid managed care organizations, the Childr en's Health Insurance Program , and alternative benefit plans. Specifically, the De partment and the Department of Healthcare and Family Services s hall take action: (1) proactively ensuring com pliance by individual and group policies, including by requiring that insurers submit comparative analyses, a s set forth in paragraph (6) of subsection (k) of Sect ion 370c.1, demonstrating how they design and apply nonq uantitative treatment limitations, both as written and i n operation, for mental, emotional, nervous, or substance use disorder or condition benefits as compared to how they design and apply nonquantitative treatment limitations, as writte n and in operation, for medical and surgical benefits;

(2) evaluating all consumer or provider complaints regarding mental, emotional, nervous, or s ubstance use disorder or condition coverage for possible par ity violations; (3) perform ing parity compliance market conduct examinations or, in the case of the Department of Healthcare and Family Service s, parity compliance audits of individual and group plans and policies, including, but not limited to, reviews of: (A) nonquantitative treatment limitations, including, but not limited to, prior authorization requirem ents, concurrent review, retrospective review, step t herapy, network admission standards, reimbursement rates, a nd geographic restrictions; (B) denials of authorization, paym ent, and coverage; and (C) other specific criteria as may be determined by th e Department. The findings and t he conclusions of the parity compliance market conduct ex aminations and audits shall be made public. The Director may adopt rules to effectuate any provisions of the Paul Wellstone and Pete Domenici Mental Health Parity and Ad diction Equity Act of 2008 that relate to the busin ess of insurance. (e) A vailability of plan information. (1) The criteria for medical necess ity determinations made under a group health plan, an ind ividual policy of accident and health insurance, or a quali fied health plan offered through the health insurance mar ketplace with respect to mental health or substance use disorder benefits (or health insurance coverage of fered in connection with the plan with respect to such benefits) must be made available by the pla n administrator (or the health insurance issuer offering such coverage) to any current or potential participant, beneficiary, or contr acting provider upon request. (2) The reason for any denial under a group health benefit plan, an individ ual policy of accident and health insurance, or a qualifie d health plan offered through the health insurance marketplace (or health insur ance coverage offered in connection with such plan or poli cy) of reimbursement or payment for services with respect to mental, emotional, nervous, or substance use disorders or condit ions benefits in the case of any participant or beneficiary must be made available within a reaso nable time and in a reasonable manner and in readily underst andable language by the plan administrator (or the healt h insurance issuer offering such coverage) to the particip ant or beneficiary upon request. (f ) As used in this Section, "group policy of acciden t and health insurance" and "group health benefit plan" includes (1) State-regulated employer- sponsored group health insurance plans written in Illinoi s or which purport to provide coverage for a resident o f this State; and (2) State employee health plans.

(g) (1) As used in this subsection : "Benefits", with respect t o insurers, means the benefits provided for treatment serv ices for inpatient and outpatient treatment of substance u se disorders or conditions at American Society of Addiction Medicine levels of treatment 2.1 (Intensive Outpat ient), 2.5 (Partial Hospitalization), 3.1 (Clinically Managed Low-Intensity Residential), 3.3 (Clinically Managed Population-Specific High-Intensity Residential), 3.5 (Clinically Managed High-Inten sity Residential), and 3.7 (Medically Monitored Intensive Inpatient) and OMT (Opioid Maintenance Therapy) services. "Benefits", wit h respect to managed care organizations, means the benefits provided for treatment services for inpatient and outpatien t treatment of substance use disorders or conditions at America n Society of Addiction Medicine levels of treatment 2.1 (Intensive Out patient), 2.5 (Partial Hospitalization), 3.5 (Clinically Manage d High-Intensity Residential), and 3.7 (Medically Moni tored Intensive Inpatient) and OMT (O pioid Maintenance Therapy) services. "Substance use disorder treatment provider or facility" means a licensed physician, licensed psychologist, licensed psychiatrist, licensed advanced practice registered nurse, or l icensed, certified, or otherwise State-approved facility or provider of substance use disorder treatment. (2) A group health insurance p olicy, an individual health benefit plan, or qualified health plan that is offered through the health insurance marketplace, s mall employer group health plan, and large employer g roup health plan that is amended, delivered, issued, executed, or renewed in this State , or approved for issuance or renewal in this State, on or after January 1, 2019 (the effective date of Public Act 100-1023) shall comply with the requirements of this Section and Section 370c.1. The services for the treatment and the ongoing assessment of the patient's progress in t reatment shall follow the requirements of 77 Ill. Adm. Code 206 0. (3) Prior authorizati on shall not be utilized for the benefits under this subsection. The substance use disor der treatment provider or facility shall notify the insu rer of the initiation of treatment. For an insurer that is n ot a managed care organization, the substance use disorder tre atment provider or facility notification shall occur for the initia tion of treatment of the covered person within 2 business days. For managed care organizations, the substance use disorder treatment provider or facility notification shall occur in accordance wit h the protocol set forth in the provider agreement for initiat ion of treatment within 24 hours. If the managed care organi zation is not capable of accepting the notification in acc ordance with the contractual protocol during the 24-ho ur period following admission, the substance use disorder treatmen t provider or facility shall have one additional business day t o provide the notification to the appropriate managed c are organization. Treatment plans shall be developed in accorda nce with the requirements and timeframes established in 77 Ill. Adm. Code 2060. If the substance use disorder treatment provide r or facility fails to notify the insurer of the initiation of treatment in accordance with these provisions, the insurer may follow its normal prior authorization processes. (4) For an insurer that is not a man aged care organization, if an insurer determines that benefits are no longer medically necessary, the insurer shall notify the covered person, the covered person's author ized representative, if any, and the covered person's health ca re provider in writing of the covered person's right to request an external review pursuant to the Health Carrie r External Review Act. The notification shall occur within 24 hours following the adverse determination. Pursuant to the requirements of the Health Carrier E xternal Review Act, the covered person or the covered person 's authorized representative may request an expedited externa l review. An expedited external review may not occur if the su bstance use disorder treatment provider or facility determi nes that continued treatment is no longer medically neces sary. If an expedited external re view request meets the criteria of the Health Carrier External Review Act, an independent review organization shal l make a final determination of medical necessity within 72 hours. If an independent review organization upholds an adverse determination, an insurer shall remain responsibl e to provide coverage of benefits through the day followi ng the determination of the independent review o rganization. A decision to reverse an adverse determination s hall comply with the Health Carrier External Review Act. (5) The substance use disorder tre atment provider or facility shall provide the insurer wit h 7 business days' advance notice of the planned discharge of the patient from the substance use disorder treatment p rovider or facility and notice on the day that the pati ent is discharged from the substance use disorder treatment provider or facility. (6) The bene fits required by this subsection shall be provided to all covered persons with a diagnosis of substance use disorder or conditions. The presence of additional related or unrelated diagnoses shall not be a basis to red uce or deny the benefits required by this subsection. (7) Nothing in this subsection shall be construed to require an insurer to provide coverage for any of the benefits in this subsection. (h) As used in this Section:

"Generally accepted standards of mental, emotional, nervo us, or substance use disorder or condition care" means standards of care and clinical practice that are generally recognized by health care providers pract icing in relevant clinical specialties such as psychi atry, psychology, clinical sociology, social work, addict ion medicine and counseling, and behavioral health treatment . Valid, evidence-based sources reflecting generally acc epted standards of mental, emotional, nervous, or substanc e use disorder or condition care include peer-reviewed scientific studies and medical literature, recommendations of nonprofit healt h care provider professional associations and specialty societ ies, including, but not limited to, patient placement criteria and clinical practice guidelines, recommendations of federal g overnment agencies, and drug labeling approved by the United States Foo d and Drug Administration. "Medically necessary treatment of mental, emotional, nervous , or substance use disorders or condit ions" means a service or product addressing the specific n eeds of that patient, for the purpose of screening, preventing, diagnosing, managing, or treating an illness, in jury, or condition or its symptoms and comorbidities, inclu ding minimizing the progression of an illness, injury, or c ondition or its symptoms and comorbidities in a manner that is all of the following: (1) i n accordance with the generally accepted standards of mental, emo tional, nervous, or substance use disorder or condition care; (2) clinically appropriate in terms of type, frequency, extent, site, and duration; and (3) not primarily for the eco nomic benefit of the insurer, purchaser, or for the conve nience of the patient, treating physician, or other health ca re provider. "Utilization revie w" means either of the following: (1) prospectively, retrospectively, or concurrently reviewing and approving, modifying, del aying, or denying, based in whole or in part on medical nec essity, requests by health care providers, insureds, or t heir authorized representatives for coverage of health care ser vices before, retrospectively, or concurrently with the provis ion of health care services to insureds. (2) evaluating the medical neces sity, appropriateness, level of care, service intensity, e fficacy, or efficiency of health care se rvices, benefits, procedures, or settings, under any circumstances, to determine whether a health care service or benefit subject to a medical necessity coverage requi rement in an insurance policy is covered as medical ly necessary for an insured. "Utilization r eview criteria" means patient placement criteria or any criteria, standards, protocols, or guidelines used by an in surer to conduct utilization review. (i)(1) Every i nsurer that amends, delivers, issues, or renews a group or individual policy of a ccident and health insurance or a qualified health plan of fered through the health insurance marketplace in this Sta te and Medicaid managed care organizations providing cove rage for hospital or medical treatment on or after Janua ry 1, 2023 shall, pursuant to subsections (h) through (s), provide coverage for medically necessary tre atment of mental, emotional, nervous, or substance use disorders or conditio ns. (2) An insurer shall not set a specific limit on the duration of benefits or coverage of medically necessary treatment of mental, emotio nal, nervous, or substance use disorders or conditions or limit coverage only to alleviation of the insured's current symptoms. (3) All ut ilization review conducted by the insurer concerning diagnosis, prevention, and treatment of insureds diagnosed with mental, emoti onal, nervous, or substance use disorders or conditions shall be conducted in accordance with the requirements of subsections (k) through (w) . (4) An insurer that auth orizes a specific type of treatment by a provider pursuant to this Section shall not rescind or modify the authoriza tion after that provider renders the health care service in good faith and pursuant to this authorization for any reas on, including, but not limited to, the insurer's subsequent ca ncellation or modification of the insured's or policyholder's c ontract, or the insured's or policyholder's eligibilit y. Nothing in this Section shall require the insurer to cover a trea tment when the authorization was granted based on a m aterial misrepresentation by the insured, the policyhold er, or the provider. Nothing in this Section shall require Medicaid managed care organizations to pay for services if th e individual was not eligible for Medicaid at the time the servi ce was rendered. Nothing in this Section shall requi re an insurer to pay for services if the individual was not the insurer's enrollee at the time services were rendered. A s used in this paragraph, "material" means a fact or situation that is not merely technical in nature and results in or could result in a su bstantial change in the situation. (j) An insurer shall not limit benefits or co verage for medically necessary services on the basis tha t those services should be or could be covered by a public ent itlement program, including, but not limited to, special educa tion or an individualized education program, Medicaid, Medica re, Supplemental Security Income, or Social Security Disabilit y Insurance, and shall not include or enforce a contract t erm that excludes otherwise covered benefits on th e basis that those services should be or could be covered by a public entitlement program. Nothing in thi s subsection shall be construed to require an insurer to cover benefits that have been authorized and provided for a covered person by a public entitlement program. Med icaid managed care organizations are not subject to this subsec tion. (k) An insurer shall ba se any medical necessity determination or the utilization revie w criteria that the insurer, and any entity acting on the ins urer's behalf, applies to determine the medical necessity of health care services and benefits for the diagnosis, prevention, and treatm ent of mental, emotional, nervous, or substance use diso rders or conditions on current generally accepted standards of mental, emotional, nervous, or substance use disorder or condi tion care. All denials and appeals shall be reviewed by a professional with experience or expertise comparabl e to the provider requesting the authorization. (l) In conducting utilization review of all covered health care services for the diagnosis, prevention , and treatment of mental, emotional, and nervous disorde rs or conditions, an insurer shall apply the criteria and guidelines set forth in the most recent version of the trea tment criteria developed by an unaffiliated nonprofit professi onal association for the relevant clinical specialty or, for Medicaid managed care organizations, criteria and guidelines determined by the Department of Healthcare and F amily Services that are consistent with generally accepted standards of mental, emotional, nervous or substance us e disorder or condition care. Pursuant to subsection (b), in conducting utilization review of all covered services and benefits for the diagnosis, prevention, and treatment of substance use disorders an insurer shall use the mo st recent edition of the patient placement criteria establ ished by the American Society of Addiction Medicine. (m) In conducting utilization revie w relating to level of care placement, continued stay, transfer, discharge, or any oth er patient care decisions that are within the scope of the sources specified in subsection (l), an insurer shall not appl y different, additional, conflicting, or more restrictive u tilization review criteria than the criteria set forth in tho se sources. For all level of care placement decisions, the insu rer shall authorize placement at the level of care consiste nt with the assessment of the insured using the relevant p atient placement criteria as specified in subsection (l). If that level of placement is not available, the insu rer shall authorize the next higher level of care. In th e event of disagreement, the insurer shall provide full de tail of its assessment using the relevant criteria as specif ied in subsection (l) to the provider of the service and the pa tient. If an insurer purchases or lice nses utilization review criteria pursuant to this subsect ion, the insurer shall verify and document before use that the criteria were developed in accordance with s ubsection (k). (n) In conduc ting utilization review that is outside the scope of the cri teria as specified in subsection (l) or relates to the advance ments in technology or in the types or levels of care that are not addressed in the most recent versions of the sources specified in subsection (l), an insurer shall conduct utili zation review in accordance with subsection (k). (o) This Section does not in any way li mit the rights of a patient under the Medical Patient Ri ghts Act. (p) This Section does no t in any way limit early and periodic screening, diagnostic, a nd treatment benefits as defined under 42 U.S.C. 1396d(r). (q) To ensure the proper use of th e criteria described in subsection (l), every insurer s hall do all of the following: (1) Educate the insurer's staff, including any third parties contracted with the insurer to review claims, conduct utilization reviews , or make medical necessity determinations about the utiliza tion review criteria. (2) M ake the educational program available to other stakeholde rs, including the insurer's participating or contracted providers and potential participants, beneficiaries, or cover ed lives. The education program must be provided at least once a year, in-person or digitally, or recording s of the education program must be made available to the afo rementioned stakeholders. (3) Provide, at no cost, the utilization re view criteria and any training material or resources to providers and insur ed patients upon request. For utilization review crit eria not concerning level of care placement, continued sta y, transfer, discharge, or other patient care decisions used by the insurer pursuant to subsection (m), the insurer may p lace the criteria on a secure, password-protected website so long as the access requ irements of the website do not unreasonably restrict access to insureds or their providers. No restrictions shall be placed upon the insured's or treating provider's ac cess right to utilization review criteria obtained under this paragraph at any poin t in time, including before an initial request for authori zation. (4) Track, i dentify, and analyze how the utilization review c riteria are used to certify care, deny care, and suppor t the appeals process.

(5) Conduct interrater reliability testing to ensure consi stency in utilization review decision making that covers how medical necessity d ecisions are made; this assessment shall cover all asp ects of utilization review as defined in subsection (h). (6) Run interrater reliability reports about how the clinical gui delines are used in conjunction with the utilization revi ew process and parity compliance activities. (7) Achieve interrater reliabil ity pass rates of at least 90% and, if this threshold is not me t, immediately provide for the remediation of poor interr ater reliability and interrater reliability testing for all new staff before they can conduct utilization review without supervision. (8) Maintain documentation of interrater reliability testing and the remediation actions taken for those with pass rates low er than 90% and submit to the Department of Insurance or, i n the case of Medicaid managed care organizations, the De partment of Healthcare and Family Services the testing res ults and a summary of remedial actions as part of parity co mpliance reporting set forth in subsection (k) of Secti on 370c.1. (r) This Secti on applies to all health care services and benefits for t he diagnosis, prevention, and treatment of mental, emotiona l, nervous, or substance use disorders or conditions covere d by an insurance policy, including prescription drug s. (s) This Section applies to an insurer that amends, delive rs, issues, or renews a group or individual policy of acci dent and health insurance or a qualified health plan offe red through the health insurance marketplace in this State providing coverage for hospital or medical treatment and conducts utilization review as defined in this Section, including Medicaid managed care o rganizations, and any entity or contracting provider that p erforms utilization review or utilization management func tions on an insurer's behalf. (t) If the Director determines that an insurer has violated this Section, the Director may, after appropr iate notice and opportunity for hearing, by order, asse ss a civil penalty between $1,000 and $5,000 for each vio lation. Moneys collected from penalties shall be deposited into th e Parity Advancement Fund established in subsection (i) o f Section 370c.1. (u) An ins urer shall not adopt, impose, or enforce terms in its poli cies or provider agreements, in writing or in operati on, that undermine, alter, or conflict with the r equirements of this Section.

(v) The provisions of this Section are severable. If a ny provision of this Section or its application is held i nvalid, that invalidity shall not affect other provisions or ap plications that can be given effect without the invalid p rovision or application. (w) Beginnin g January 1, 2026, coverage for inpatient mental health treatm ent at participating hospitals shall comply with the followi ng requirements: (1) Subject to paragraphs (2) and (3) of this subsection, no policy shall require pri or authorization for admission for such treatment at any pa rticipating hospital. (2) Coverage provided under this subsection also shall not be sub ject to concurrent review for the first 72 hours, provided t hat the hospital must notify the insurer of both the admis sion and the initial treatment plan w ithin 48 hours of admission. A discharge plan must be ful ly developed and continuity services prepared to meet the patient's needs and the patient's community preference upon release. Nothing in this paragraph supersedes a healt h maintenance organization's referral requirement for ser vices from nonparticipating providers upon a patient's dischar ge from a hospital. (3) Treatment provided under this subsection may be revi ewed retrospectively. If coverage is denied r etrospectively, neither the insurer nor the participat ing hospital shall bill, and the insured shall not be lia ble, for any treatment under this subsection through the date the adv erse determination is issued, other than any copayme nt, coinsurance, or deductible for the stay through that date as applicable under the policy. Coverage shall n ot be retrospectively denied for the fi rst 72 hours of treatment at a participating hospital except:

(A) upon re asonable determination that the inpatient mental health tr eatment was not provided; (B) upon determination that the patient r eceiving the treatment was not an insured, enrollee, or b eneficiary under the policy;

(C) upon material misrepresentation by th e patient or health care provider. In this item (C), "mater ial" means a fact or situation that is not merely technica l in nature and results or could result in a substantial change in the situation; or

(D) upon determination that a servic e was excluded under the terms of coverage. In that case, t he limitation to billing for a copayment, coinsurance, or deductible shall not apply.

(4) Nothing in this subsection shall be constr ued to require a policy to cover any health care service ex cluded under the terms of coverage. (x ) Notwithstanding any provision of this Section, nothing shall require the medical assistance program under Article V of the Illino is Public Aid Code to violate any applicable federal la ws, regulations, or grant requirements or any State or federal consent decrees. N othing in subsection (w) shall prevent the Department of Healt hcare and Family Services from requiring a heal th care provider to use specified level of care, admission, continued stay, or discharge criteria, including, but not limit ed to, those under Section 5-5.23 of the Illinoi s Public Aid Code, as long as the Department of Healthc are and Family Services does not require a health care provider to seek prior authorization or concurrent review from the Department of Healthcare and Family Services, a Medic aid managed care organization, or a utilization review organization under the circumstances expressly prohibited by subsection (w). Nothing in this Section pro hibits a health plan, including a Medicaid managed care org anization, from conducting reviews for fraud, waste, or abu se and reporting suspected fraud, waste, or abus e according to State and federal requirements.

(y) Children's Mental Health. Nothing in this Section s hall suspend the screening and assessment requirements for mental health services for children participating in the Stat e's medical assistance program as required in Section 5-5.23 of the Illinois Public Aid Code. (Source : P.A. 102-558, eff. 8-20-21; 102-5 79, eff. 1-1-22; 102-813, eff. 5-13-22; 103-426, eff. 8-4-23; 103-650 , eff. 1-1-25; 103-1040, eff. 8-9-24; revised 11-26-24.) (215 ILCS 5/408) (from Ch. 73, par. 1020) Sec. 408. Fees and charges.

(1) The Director shall charge, collect and give proper acqu ittances for the payment of the following fees and charges:

(a) For filing all docum ents submitted for the incorporation or organization or certification of a domestic company, exc ept for a fraternal benefit society, $2,000. (b) For filing all documents submi tted for the incorporation or organization of a fraternal benefit society, $500. (c) For filing amendments to articles of incorporation and a mendments to declaration of organization, except for a fraternal benefit society, a mutual bene fit association, a burial society or a farm mutual, $200. (d) For filing amendments to articles of incorporation of a fraternal benefit society, a mutual benefit association or a burial society, $100. (e) For filing amendments to articles of incorporation of a farm mutual, $50. (f) For filing bylaws or amendments thereto, $50. (g) For filing agreement of merger or consolidation: (i) for a domestic company, except f or a fraternal benefit society, a mutual benefit asso ciation, a burial society, or a farm mutual, $2,000.

(ii) for a forei gn or alien company, except for a fra ternal benefit society, $600.

(iii) for a fraternal benefit socie ty, a mutual benefit association, a burial s ociety, or a farm mutual, $200.

(h) For filing agreements of reinsurance by a domest ic company, $200. (i) Fo r filing all documents submitted by a foreign or alien company to be a dmitted to transact business or accredited as a reinsurer in this State, except for a fraternal benefit societ y, $5,000. (j) For filing all doc uments submitted by a foreign or alien fraternal benefit soci ety to be admitted to transact business in this Stat e, $500. (k) For filing declaration of withdrawal of a foreign or alien company, $50. (l) For filing an nual statement by a domestic company, except a fraternal benefi t society, a mutual benefit association, a burial society, or a farm mutual, $200. (m ) For filing annual statement by a domestic fraternal benefit society, $100. (n) For fili ng annual statement by a farm mutual, a mutual benefit assoc iation, or a burial society, $50. (o) For issuing a certi ficate of authority or renewal thereof except to a foreign fr aternal benefit society, $400. (p) For issuing a certificate of author ity or renewal thereof to a foreign fraternal benefit society, $200. (q) For issuing an amended certificate of authority, $50. (r) For each certified copy of cert ificate of authority, $20. (s) For each certificate of deposit, or valuation, or co mpliance or surety certificate, $20.

(t) For copies of papers or records per page, $1. (u) For each cer tification to copies of papers or records, $10. (v) For multiple copies of documents or certificates l isted in subparagraphs (r), (s), and (u) of paragrap h (1) of this Section, $10 for the first copy of a certificate of any type and $5 for each additional copy of the same c ertificate requested at the same time, unless, pursuant to paragraph (2) of this Se ction, the Director finds these additional fees excessive. (w) For issuing a per mit to sell shares or increase paid -up capital:

(i) in connection with a public stock offering, $300;

(ii) in any other case, $100. (x) For issuing any other certificate required or permissible under the law, $50. (y) For filing a plan of exchange of the stock of a dome stic stock insurance company, a plan of demutualization of a domesti c mutual company, or a plan of reorganization under Article XII, $2,000. (z) For filing a statement of acq uisition of a domestic company as defined i n Section 131.4 of this Code, $2,000. (aa) For filing an agreement to purchase the business of an organization authorized under the Dental Serv ice Plan Act or the Voluntary Health Services Plans A ct or of a health maintenance organization or a limited h ealth service organization, $2,000.

(bb) For filing a statement of acquisition o f a foreign or alien insurance company as defined in Secti on 131.12a of this Code, $1,000. (cc) For filing a registration statement as required in Sections 131.13 and 131 .14, the notification as required by Sections 131.16, 131.20a, or 141.4 , or an agreement or transaction required by Sections 12 4.2(2), 141, 141a, or 141.1, $200. (dd) For filing an application for licensing of: (i) a religious or charitable risk pooling trust or a workers' compensation pool, $1,000; (i i) a workers' compensation service company, $500; (iii) a self-in sured automobile fleet, $200; or (iv) a renewal of or am endment of any license issued pursuant to (i), (ii), or (iii) above, $100. (ee) For filing articles of incorporation for a syndicate to engage in the business of insurance through the Illinoi s Insurance Exchange, $2,000. (ff) For filing amended articles of incorporat ion for a syndicate engaged in the business of insurance th rough the Illinois Insurance Exchange, $100. (gg) For filing articles of in corporation for a limited syndicate to join with other subscribers or limited syndicates to do business throug h the Illinois Insurance Exchange, $1,000. (hh) For filing amended articles of incorporation for a limite d syndicate to do business through the Illinois Insurance Exc hange, $100. (ii) For a permit to s olicit subscriptions to a syndicate or limited syndicate, $100.

(jj) For the filing of each form as required in Section 143 of this Code, $50 per form. I nformational and advertising filings shall be $25 per fili ng. The fee for advisory and rating organizations shall be $200 per form. (i) For the purposes of the form filing fee, filings made on insert page basi s will be considered one form at the time of its original submission. Changes made to a form subsequent to its approval shall be c onsidered a new filing. (ii) Only one fee shall be charged for a form, regardless of the number of other forms or policies with which it w ill be used. (iii) Fees charged for a policy filed as it will be i ssued regardless of the number of forms comprising that p olicy shall not exceed $1,500. For advisory or rating organi zations, fees charged for a policy filed as it will be i ssued regardless of the number of forms comprising that policy shall not exceed $2,500. (iv) The Director may by rule exempt forms from such fees. (kk) Fo r filing an application for licensing of a reinsurance int ermediary, $500. (ll) For filing an application for renewal of a license of a reinsurance intermediary, $200.

(mm) For filing a pla n of division of a domestic stock company under Artic le IIB, $100,000. (nn) For filing all documents submitted by a foreign or alien company to be a certified reinsurer in this St ate, except for a fraternal benefit society, $1,000. (oo) For filing a rene wal by a foreign or alien company to be a certified reins urer in this State, except for a fraternal benefit society, $400 . (pp) For filin g all documents submitted by a reinsurer domiciled in a reciprocal jurisdiction, $1,000. (qq) For filing a renewal by a reinsu rer domiciled in a reciprocal jurisdiction, $400. (rr) For registering a captive management company o r renewal thereof, $50. (ss) For filing an insurance busines s transfer plan under Article XLVII, $100,000. (2) When printed copies or numerous copies of the same paper or records are furnished or certified, the Director may reduce such fees for copies if he finds them excessive. He may, whe n he considers it in the public interest, furnish without charge to state insurance departments and persons other than compani es, copies or certified copies of reports of examinat ions and of other papers and records. (3)(a) The expenses incurred in any performance examination authorized by law shall be paid by the company or person being examined. The char ge shall be consistent with that otherwise authorized by law and shal l be reasonably related to the cost of the examination, including, but not limited to, compensation of examiners, electronic data processing c osts, supervision and preparation of an examination report, and lodging and travel expenses. All lodgin g and travel expenses shall be in accord with the ap plicable travel regulations as published by the Department of Central Management Services and approved by th e Governor's Travel Control Board, except that out-of-state lodging and travel expenses related to examin ations authorized under Section 132 shall be in accordance with travel rates prescribed under paragraph 301-7.2 of the Federal Travel Regulations, 41 CFR 301-7.2, for reimbur sement of subsistence expenses incurred during offic ial travel. All lodging and travel expenses may be reimbursed di rectly upon authorization of the Director. With the exception of the direct reimbursements authorized by the D irector, all performance examination charges collected by t he Department shall be paid to the Insurance Producer Adm inistration Fund, however, the electronic data processing costs incurred by the Department in the performance of any examination shall be billed directly to the company be ing examined for payment to the Technology Managemen t Revolving Fund. (b) The costs and fees incurred in a mar ket conduct examination shall be itemized and bills shal l be provided to the examinee on a monthly basis for review p rior to submission for payment. The Director shall review and affirmatively endorse detailed billings from any contracted, qualified outside professional assistance retained under Section 40 2 for market conduct examinations before the detailed billings are sent to the examinee. Before any qualified outsid e professional assistance conducts billable work on an examination, the Department shall disclose to the examinee the terms of the contracts with the qualified outside professional assista nce that will be used, including the fees and hour ly rates that can be charged. (4) At the time of any service of process on the Director as attorney fo r such service, the Director shall charge and collect the su m of $40, which may be recovered as taxable costs by the party to the suit or action causing such service to be made if he pre vails in such suit or action. (5)(a) Th e costs incurred by the Department of Insuran ce in conducting any hearing authorized by law shall be assessed against the parties to the hearing in such propo rtion as the Director of Insurance may determine upon considera tion of all relevant circumstances including: (1) the nat ure of the hearing; (2) whether the hearing was instigate d by, or for the benefit of a particular party or parties; (3) whether there is a successful party on the merits of the proc eeding; and (4) the relative levels of participatio n by the parties. (b) For purposes of this subsection (5) costs incurred shall mean the hearing of ficer fees, court reporter fees, and travel expenses of Departm ent of Insurance officers and employees; provided however, t hat costs incurred shall not include hearing o fficer fees or court reporter fees unless the Department h as retained the services of independent contractors or outsi de experts to perform such functions. (c) The Director shall make the assessment of costs incurred as part o f the final order or decision arising out of the proceeding; p rovided, however, that such order or decision shall inclu de findings and conclusions in support of the assessment of co sts. This subsection (5) shall not be construed as permitting the payment of travel expenses unless calculated in accordanc e with the applicable travel regulations of the Departme nt of Central Management Services, as approved by the Governor' s Travel Control Board. The Director as part of such order or d ecision shall require all assessments for hearing officer fees a nd court reporter fees, if any, to be paid directly to the hearing officer or court reporter by the party or part ies party(s) assessed for s uch costs. The assessments for travel expenses of Depart ment officers and employees shall be reimbursable to the Di rector of Insurance for deposit to the fund out of which those expenses had been paid. (d) The pr ovisions of this subsection (5) shall apply in the case of any hearing condu cted by the Director of Insurance not otherwise spec ifically provided for by law. (6) The Directo r shall charge and collect an annual financial regulation fee f rom every domestic company for examination and analysis o f its financial condition and to fund the internal cos ts and expenses of the Interstate Insurance Receivership Commi ssion as may be allocated to the State of Illinois a nd companies doing an insurance business in this State pursuan t to Article X of the Interstate Insurance Receivership Compact. The fee shall be the greater fixed amount based upon the combination of nationwide direct premium income and natio nwide reinsurance assumed premium income or upon admitted as sets calculated under this subsection as follows: (a) Combination of nationwide direct premium income and nationwide reinsuran ce assumed premium.

(i) $150, if the premium is less than $500,000 and there is no reinsurance assumed premium;

(ii) $750, if the prem ium is $500,000 or more, but less than $5,000,000 and there is no reinsurance assumed premium; or if the premium is less than $5, 000,000 and the reinsurance assumed premium is less than $10,000,000; (iii) $3,750, if the premium is less than $5,000,000 and the reinsurance assumed premium is $10,000,000 or more;

(iv) $7,500, if the premium is $5,000,000 or more, but less than $10,000,000; (v) $18,000, if the prem ium is $10,000,000 or more, but less than $25,000,000; (vi) $22,500, if the pre mium is $25,000,000 or more, but less than $50,000,000; (vii) $30,000, if th e premium is $50,000,000 or more, but less than $100,000,000; (viii) $37,500, if the premium is $100,000,000 or more. (b) Admitted assets. (i) $150, if admitted assets are less than $1, 000,000; (ii) $750, if admitted assets are $1,000,000 or more, but less than $5,000,000; (iii) $3,750, if admitted assets are $5,000, 000 or more, but less than $25,000,000; (iv) $7,500, if admi tted assets are $25,000,000 or more, but less than $50,000,000; (v) $18,000, if admitted assets are $50,000,000 or more, b ut less than $100,000,000;

(vi) $22,500, if admitted assets are $100,000, 000 or more, but less than $500,000,000; (vii) $30,000, if admitted assets are $ 500,000,000 or more, but less than $1,000,000,000; (viii) $37,500, if admitted as sets are $1,000,000,000 or more. (c) The sum of financial regulation fees charged to the d omestic companies of the same affil iated group shall not exceed $250,000 in the aggregate i n any single year and shall be billed by the Director t o the member company designated by the gr oup. (7) The Director shall charge and col lect an annual financial regulation fee from every foreign or alien company, except fraternal benefit societies, for the exa mination and analysis of its financial condition and to fund t he internal costs and expenses of the Interstate Insurance Rece ivership Commission as may be allocated to the State of Illino is and companies doing an insurance business in this State purs uant to Article X of the Interstate Insurance Receivership Comp act. The fee shall be a fixed amount based upon Illinois direc t premium income and nationwide reinsurance assumed premium income in accordance with the following schedule: (a) $150, if the premium is less than $500,000 and t here is no reinsurance assumed premium; (b) $750, if the premium is $ 500,000 or more, but less than $5,000,000 and there is no reinsurance assumed premium; or if the premium is less tha n $5,000,000 and the reinsurance assumed premium is less than $10,000,000; (c) $3,750, if the premium is less than $5,000, 000 and the reinsurance assumed premium is $10,000,0 00 or more; (d) $7,500, if the premium is $5,000,000 or more, but less than $10,000,000 ; (e) $18,000, if the prem ium is $10,000,000 or more, but less than $25,000,000; (f) $22,500, if the premium is $25,000,000 or more, but less than $50,000,000; (g) $30,000, if the premium is $50,000,0 00 or more, but less than $100,000,000; (h) $37,500, if the premium is $100,000,00 0 or more. The sum of financial regulation fees under this su bsection (7) charged to the foreign or alien companies wi thin the same affiliated group shall not exceed $250,000 in the aggreg ate in any single year and shall be billed by the Director to the member company designated by the group. (8) Beginning January 1, 1992, the financial reg ulation fees imposed under subsections (6) and (7) of this Section shall be paid by each company or domestic affiliated group annually. After Ja nuary 1, 1994, the fee shall be billed by Department invoice based upon the company's premium income or admitted assets as shown in its annual st atement for the preceding calendar year. The invoice is due upon receipt and must be paid no later than June 3 0 of each calendar year. All financial regulation fees c ollected by the Department shall be paid to the Insurance Financial Regulation Fund. The Department may not collec t financial examiner per diem charges from companies subje ct to subsections (6) and (7) of this Section undergoing financial examination after June 30, 1992. (9) In addition to the financial regulation fee required by this Section, a company undergoing any financial examination authorized by la w shall pay the following costs and expenses incurred by the De partment: electronic data processing costs, the expenses au thorized under Section 131.21 and subsection (d) of Sectio n 132.4 of this Code, and lodging and travel expenses. Electronic data processing costs incurred by the Department in the performance of any examination sha ll be billed directly to the company undergoing examination for payment to the Technology Management Revolving Fund. Excep t for direct reimbursements authorized by the Director or direct payments made under Section 131.21 or subsection (d) of Section 132.4 of this Code, all financial regulation fees a nd all financial examination charges collected by the Departmen t shall be paid to the Insurance Financial Regulation Fund. All lodging and travel expenses shall be in accordance with applicable travel regulations publis hed by the Department of Central Management Services and approved by the Governo r's Travel Control Board, except that out-of- state lodging and travel expenses related to examina tions authorized under Sections 132.1 through 132.7 shall be in accordance with travel rates prescribed under paragra ph 301-7.2 of the Federal Travel Regulations, 41 CFR 301-7.2, for reimbursement of subsistence expenses incurred during official travel. All lodging and travel expenses may be reimbursed directly upon the authorization of the Director. In th e case of an organization or person not subject to the fin ancial regulation fee, the expenses incurred in any financia l examination authorized by law shall be paid by the organizati on or person being examined. The charge shall be reasona bly related to the cost of the examination including, but not limited to, compensation of examiners and other costs describe d in this subsection. (10) Any company, person, or entity failing to make any payment of $150 or more as required under this Section shall be subject to the penalty and interes t provisions provided for in subsections (4) and (7) of Sectio n 412. (11) Unless otherwise specified, all of the fe es collected under this Section shall be paid into the In surance Financial Regulation Fund. (12) For purposes of this Section: (a) "Domestic company" means a company as defined in Section 2 of this Code which is incorporated or organized under the law s of this State, and in addition includes a not-for-profit corporation authorized under the Dental Se rvice Plan Act or the Voluntary Health Services Plans Act, a health maintenance organization, and a limited health service organization. (b) "Foreign company" means a company as defined in Section 2 o f this Code which is incorporated or organized under the laws of any state of the United States other than this State and i n addition includes a health maintenance organiz ation and a limited health service organization which is incorporated or organized under the laws of any state of the Un ited States other than this State. (c) "Alien company" means a company as defined in S ection 2 of this Code which is incorporated or organized un der the laws of any country other than the United States. (d) "Fraternal benefit society" means a corporation, society, order, lodge or voluntary association as defined in Section 282.1 of this Code. (e) "Mut ual benefit association" means a company, association or corporation authorized by the Director to do business in this State under the provisions of Article XVIII of this Code. (f) "Burial society" m eans a person, firm, corporation, society or association o f individuals authorized by the Director to do business in this State under the provisions of Article XIX of this Co de. (g) "Farm mutual" mea ns a district, county and township mutual insurance compa ny authorized by the Director to do business in this St ate under the provisions of the Farm Mutual Insurance Com pany Act of 1986.(Source: P.A. 102-775, eff. 5-13-22; 103-75, eff. 1-1-25; 103-718, eff. 7-19-24; 103-897, eff. 1-1-25; revised 11-22-24.) (215 ILCS 5/416)

Sec. 416. Illinois Workers' Compensation Commission Operation s Fund Surcharge. (a ) As of July 30, 2004 (the effective date of Public Act 9 3-840), every company licensed or authorized by the Illinois Department of Insurance and insuring emp loyers' liabilities arising under the Workers' Co mpensation Act or the Workers' Occupational Disease s Act shall remit to the Director a surcharge based upon the annual direct written premium, as reported under Section 136 of this Act, of the company in the manner provided in this Section . Such proceeds shall be deposited into the Illinois Workers' Compensation Commission Operations Fund as establ ished in the Workers' Compensation Act. If a company survives or was formed by a merger, consolidation, reorganization, or reincorporation, the direct written premiums of all companies party to the merger, consolidation, reorganization, or reincor poration shall, for purposes of determining the amount of the fee imposed by t his Section, be regarded as those of the surviving or new company. (b) Beginning on July 30, 2004 (the effective date of Public Act 93-840) and on July 1 of each year thereafter through 2023, the Director shall charge an annual Illinois Workers' Compensa tion Commission Operations Fund Surcharge from every company subject to subsection (a) of this Section equal to 1.01% of its dir ect written premium for insuring employers' liabilities aris ing under the Workers' Compensation Act or Workers' Occu pational Diseases Act as reported in each company's annual statement filed for the previous year as required by Section 1 36. Within 15 days after June 5, 2024 (the effective date of Public Act 103-590) this amendatory Act of the 103rd General Assembly and on July 1 of each year ther eafter, the Director shall charge an annual Illinois Workers' Compensation Commission Operations Fund Surcharge from every company subject to subsection (a) of this Section equal to 1.092% of its direct written premium for insuring employer s' liabilities arising under the Workers' Compensation Act or Workers' Occupation al Diseases Act as reported in each company's annual s tatement filed for the previous year as required by Section 136 . The Illinois Workers' Compensation Commission Operations Fund Surcharge shall be collected by companies subject to s ubsection (a) of this Section as a separately stated surcharg e on insured employers at the rate of 1.092% of direct wri tten premium for the surcharge due in 2024 and each year therea fter. The Illinois Workers' Compensation Commission Operations Fund Surcharge shall not be collected by companies subjec t to subsection (a) of this Section from any employer that self-insures its l iabilities arising under the Workers' Compensation Act or Workers' Occupational Diseases Act, prov ided that the employer has paid the Illinois Workers' Compensation Commission Operations Fund Fee pursuant to Section 4d of the Workers' Compensation Act. All sums collected by the De partment of Insurance under the provisions of this Section sh all be paid promptly after the receipt of the same, accompa nied by a detailed statement thereof, into the Illinois Workers ' Compensation Commission Operations Fund in the State treasur y. (b)(2) (Blank). (c) In addition to the authority speci fically granted under Article XXV of this Code, the Directo r shall have such authority to adopt rules or establish f orms as may be reasonably necessary for purposes of enforcing this Section. The Director shall also have authority to defe r, waive, or abate the surcharge or any penalties imp osed by this Section if in the Director's opinion the company's solvency and ability to meet its insured obligations wou ld be immediately threatened by payment of the surcharge due. (d) When a company fails to pay the full a mount of any annual Illinois Workers' Compensation Commission O perations Fund Surcharge of $100 or more due under this Sectio n, there shall be added to the amount due as a penalty an amo unt equal to 10% of the deficiency for each month or part of a month that the deficiency remains unpaid. (e) The Department of Insurance may enforce the collec tion of any delinquent payment, penalty, or portion thereof by legal action or in any other manner by which the colle ction of debts due the State of Illinois may be enforced un der the laws of this State. (f) When ever it appears to the satisfaction of the Director that a co mpany has paid pursuant to this Act an Illinois Worker s' Compensation Commission Operations Fund Surcharge in an am ount in excess of the amount legally collectable from the c ompany, the Director shall issue a credit memorandum for an a mount equal to the amount of such overpayment. A credit memorandum may be applied for the 2-year period from th e date of issuance, against the payment of any amount due duri ng that period under the surcharge imposed by this Sect ion or, subject to reasonable rule of the Department of Insu rance including requirement of notification, may be assigned to any other company subject to regulation under this Act. Any application of credit memoranda after the period provided for i n this Section is void. (g) Ann ually, the Governor may direct a transfer of up to 2% of al l moneys collected under this Section to the Insurance Fin ancial Regulation Fund.(Source: P.A. 102-7 75, eff. 5-13-22; 103-590, eff. 6-5-24; revised 7-31-2 4.) (215 ILCS 5/500-35) (Section scheduled to be repealed on January 1, 2027) Sec. 500-35. License.

(a) Unless denied a lic ense pursuant to Section 500-70, persons who have met the requi rements of Sections 500-25 and 500-30 shall be is sued a 2-year insurance producer license. An insurance producer may receive qualification for a license in one or mor e of the following lines of authority: (1) Life: insurance coverage on human lives incl uding benefits of endowment and annuities, and may include benefits in the event of death or dismemberment by acci dent and benefits for disability income. (2) Variable life and variable annuity produc ts: insurance coverage provided under var iable life insurance contracts and variable annuities. (3) A ccident and health or sickness: insurance coverage for sickness, bodily injury, or ac cidental death and may include benefits for disability income. (4) Property: insurance coverage for the direct or consequential loss or damage to property of every kind. (5) Casualty: in surance coverage against legal liability, including that for d eath, injury, or disability or damage to real or personal property.

(6) Personal lines: property and casual ty insurance coverage sold to individuals and families for pri marily noncommercial purposes. (7) Any othe r line of insurance permitted under State laws or rules. (b) An insurance producer license shal l remain in effect unless revoked or suspended as l ong as the fee set forth in Section 500-135 is paid and education re quirements for resident individual producers are met by the due date. (1) Befo re each license renewal, an insurance producer must satisfactor ily complete at least 24 hours of course study or par ticipation in a professional insurance association under p aragraph (3) of this subsection in accordance with rules prescribed by the Di rector. Three of the 24 hours of course study must consis t of classroom or webinar ethics instruction. The Director may not approve a course o f study unless the course provides for classroom, sem inar, webinar, or self-study instruction methods. A c ourse given in a combination instruction method of classroom, seminar , webinar, or self-study shall be deemed to be a sel f-study course unless the number of classroom, seminar, or webinar certified hours m eets or exceeds two-thirds of total hours certified fo r the course. The self-stud y material used in the combination course must be directl y related to and complement the classroom portion of the cou rse in order to be considered for credit. An instruction meth od other than classroom or seminar shall be considered as self-study methodolo gy. Self-study credit hours require the successful comp letion of an examination covering the self-study ma terial. The examination may not be self-evalu ated. However, if the self-study material is com pleted through the use of an approved computerized interact ive format whereby the computer validates the successful c ompletion of the self-study material, no additional e xamination is required. The self-study credit hours contained in a certified course shall be considered classroom hours when at least two-thirds of the hours a re given as classroom or seminar instruction. (2) An insurance producer license automatically terminates when an insurance producer fails to successfully meet the req uirements of paragraph item (1) of this subsection ( b) of this Section. The producer must comple te the course in advance of the renewal date to allow t he education provider time to report the credit to the De partment. (3) An insurance producer' s active participation in a State or national professional insurance association may be approved by the Director for up to 4 hours of continuing education credit per biennial reporting period. Credit shall be provided on an hour-for-h our basis. These hours shall be verified and submitted by the association on behalf of the insurance producer and credited upon timely filing with the Director or his or her des ignee on a biennial basis. Any association submitting cont inuing education credit hours on behalf of insurance producers m ust be registered as an education provider under Section 500-135. Credit granted under these provisions shall not be use d to satisfy ethics education requirements. Act ive participation in a State or national professional insurance association is defined by one of the following methods: (A) service on a board of directors of a S tate or national chapter of the association; (B) service on a formal co mmittee of a State or national chapter of the association; or (C ) service on a formal subcommittee or task force of a Sta te or national chapter of the association. (c) A provider of a pre-licensing or continuing education course required by Section 500-30 and this Section m ust pay a registration fee and a course certification fee for each course being certified as provided by Section 500-135. (d) An individual i nsurance producer who allows his or her license to lap se may, within 12 months after the due date of the renew al fee, be issued a license without the necessity of passi ng a written examination. However, a penalty in the amount of d ouble the unpaid renewal fee shall be required after the due date. (e) A licensed insuran ce producer who is unable to comply with license renewal procedures due to military service may request a waiver of those procedures. (f) T he license must contain the licensee's name, address, and personal identification number, the date of issuance, the lines of a uthority, the expiration date, and any other information the Director deems necessary. (g) Licensees must inform t he Director by any means acceptable to the Director of a change of add ress within 30 days after the change. (h) In o rder to assist in the performance of the Director's duties, the Dire ctor may contract with a non-governmental entity in cluding the National Association of Insurance Commissioners (NAIC), or any affi liates or subsidiaries that the NAIC oversees, to perform a ny ministerial functions, including collection of fees, relat ed to producer licensing that the Director and the non-g overnmental entity may deem appropriate.(S ource: P.A. 102-766, eff. 1-1-23; revise d 10-23-24.) (215 ILCS 5/511.

109) (from Ch. 73, par. 1065.58-10

9) (Section scheduled to be repealed on January 1, 2027) Sec. 511.109. Exami nation. (a) The Director or the Director's designee may examine any applicant for or holder of an administrator's licen se in accordance with Sections 132 through 132.7. If the Dir ector or the examiners find that the admi nistrator has violated this Article or any other insurance-related laws, rules, or regulations under the Director's jurisdiction because of the manner in which the administrator has conducted business on behalf of an insurer or plan sponsor, then, unless the insurer o r plan sponsor is included in the examination and has been af forded the same opportunity to request or partic ipate in a hearing on the examination report, the examination repo rt shall not allege a violation by the insurer or plan sponsor and the Director's order based on the report shall not impose any requirement s, prohibitions, or penalties on the insurer or plan sponsor. Nothing in this Section shall prevent the Director from using any information obtained during the examination of an administrator to examine, i nvestigate, or take other appropriate regulatory or legal action with respect to an insurer or plan sponsor.(Sour ce: P.A. 103-897, eff. 1-1-25; revised 11-22-24.) (215 ILCS 5/534.3) (from Ch.

73, par. 1065.84-3) Sec. 534.3. Covered claim; unearned premium defined. (a) "Covered claim" means an unpaid claim f or a loss arising out of and within the coverage of an insura nce policy to which this Article applies and which is in fo rce at the time of the occurrence giving rise to the unpai d claim, including claims presented during any extended discov ery period which was purchased from the company before the e ntry of a liquidation order or which is purchased or obtained from the liquidator after the entry of a liquidation order , made by a person insured under such policy or by a person su ffering injury or damage for which a person insured un der such policy is legally liable, and for unearned p remium, if: (i) The com pany issuing, assuming, or being alloca ted the policy becomes an insolvent company as defined in Section 534.4 after the effective date of this Article; and (ii) The claimant or insured is a resident of this State at the time of the insured occurrence, or the propert y from which a first-party first party claim for damage to property arises is permanently located in this State or, in th e case of an unearned premium claim, the policyholder is a res ident of this State at the time the policy was issued; provided, that for entities other than an individual, the residence of a claimant, insured, or policyholder is the state in which its principal place of business is located at the tim e of the insured event. (b) "Covered claim" does not include: (i) any amount in excess of the applicable limits of liability pr ovided by an insurance policy to which this Article applies; n or (ii) any claim for punitive or exemplary damages or fines and penalties paid to government authoriti es; nor (iii) any first-party first pa rty claim by an insu red who is an affiliate of the insolvent company; nor (iv) any fi rst-party first party or third-party third party claim by or against an insured whose net worth on December 31 of the year next preceding the date the insurer becomes an insolvent insur er exceeds $25,000,000; provided that an insured's net wor th on such date shall be deemed to include the aggregate net worth of the insured and all of its affiliates as cal culated on a consolidated basis. However, this exclusion shall not apply to third-party third party claims against the insured where the insured has applied for or consented to the appointment of a receiv er, trustee, or liquidator for all or a substantia l part of its assets, filed a voluntary petition in bankru ptcy, filed a petition or an answer seeking a reorganization or arrangement with cred itors or to take advantage of any insolvency law, or if an order, judgment, or decree is entered by a court of competent jurisdiction, on the application of a creditor, adjudicating the ins ured bankrupt or insolvent or approving a petition seeking reorganization of the insured or of all or substantial part of its assets; nor (v) any claim for any amount due any reinsu rer, insurer, insurance pool, or underwriting associ ation as subrogated recoveries, reinsurance recoverables, contribution, indemnification or otherwise. No such claim h eld by a reinsurer, insurer, insurance pool, or underwrit ing association may be asserted in any legal action agains t a person insured under a policy issued by an insolvent co mpany other than to the extent such claim exceeds the Fund obligation limitations set forth in Sec tion 537.2 of this Code. (c) " Unearned Premium" means the premium for the unexpired peri od of a policy which has been terminated prior to the e xpiration of the period for which premium has been pai d and does not mean premium which is returnable to the ins ured for any other reason.(Source: P.A. 10 1-60, eff. 7-12-19; 102-558, ef f. 8-20-21; revised 7-23-24.) Section 760. The Network Adequacy and Transparency Act is amended by changing Section 3 as follows: (215 ILCS 124/3)

Sec. 3. Applicability of Act.

This Act applies to an individ ual or group policy of health insurance coverage with a n etwork plan amended, delivered, issued, or renewed in thi s State on or after January 1, 2019. This Act does no t apply to an individual or group policy for e xcepted benefits or short-term, limited-duratio n health insurance coverage with a network plan, except to the extent that federal law establishes network adequacy and transparency standards for stand-alone dental plans, w hich the Department shall enforc e for plans amended, delivered, issued, or renewed on or after January 1, 2025.

(Source: P.A. 103-650, eff. 1-1-25; 103-777, eff. 1-1-25; revised 11-26-24.)

Section 765. The Health Maintenance Organization Act is amended by changing Section 5-3 as follows: (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2) (Text of Section befo re amendment by P.A. 103-808) Sec. 5 -3. Insurance Code p rovisions. (a) Health Maintenance Orga nizations shall be subject to the provisions of Sect ions 133, 134, 136, 137, 139, 140, 141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6, 154 .7, 154.8, 155.04, 155.22a, 155.49, 352c, 355.2, 355.3, 355.6 , 355b, 355c, 356f, 356g.5-1, 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 3 56z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24, 35 6z.25, 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32, 356z.33, 356z. 34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39, 356z.40, 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46, 356z.47, 356z.48, 356z.49, 3 56z.50, 356z.51, 356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61, 356z.62, 356z.63, 356z.6 4, 356z.65, 356z.66, 356z.67, 356z.68, 356z.69, 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75, 356z.77, 364, 36 4.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 4 03A, 408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection (2) of Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois Insurance Code. (b) For purpo ses of the Illinois Insurance Code, except for Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health Maintenance Orga nizations in the following categories are deemed to be "do mestic companies": (1) a cor poration authorized under the Dental Service Plan Act or the Vo luntary Health Services Plans Act; (2) a corporation organized under the laws of this State ; or (3) a corporati on organized under the laws of another state, 30% or more of th e enrollees of which are residents of this State, except a corp oration subject to substantially the same requirements in its s tate of organization as is a "domestic company" under Article VIII 1/2 of the Illi nois Insurance Code. (c) In considering the merg er, consolidation, or other acquisition of control of a Hea lth Maintenance Organization pursuant to Article VIII 1/2 of the Illinois Insurance Code, (1) the Director shall give primary consideration to the continuation of benefits to e nrollees and the financial conditions of the acquired He alth Maintenance Organization after the merger, consolidati on, or other acquisition of control takes effect; (2)(i) the criteria specified in subsection (1)(b) of Section 131.8 of the Illinois Insurance Code shall not apply and (ii) the Director, in making his determination with respect to the merger, consolidation, or other acquisition of control, n eed not take into account the effect on competition of the merger, consolidation, or other acquisit ion of control; (3) the Director shall have the power to require the fo llowing information: (A) certification by an independent actuary of th e adequacy of the reserves of the Health Maintenance O rganization sought to be acquired; (B) pro forma financial statements refl ecting the combined balance sheets of the acquiring company and the Health Maintenance Org anization sought to be acquired as of the end of the preced ing year and as of a date 90 days prior to the acq uisition, as well as pro forma financial statements refl ecting projected combined operation for a period of 2 y ears; (C) a pro forma bus iness plan detailing an acquiring party's plans with respect to the operation of the Health Maintenance Organizatio n sought to be acquired for a period of not less than 3 y ears; and ( D) such other information as the Director shall require . (d) The provisions of Article VIII 1/2 of the Illinois Insurance Code and this Section 5-3 shall apply to the sale by any health maintenance organi zation of greater than 10% of its enrollee populatio n (including, without limitation, the health maintenance organi zation's right, title, and interest in and to its h ealth care certificates). (e) In considering an y management contract or service agreement subject to Section 141.1 of the Illinois Insurance Code, the Director (i ) shall, in addition to the criteria specified in Section 141.2 of the Illinois Insurance Code, take int o account the effect of the management contract or servi ce agreement on the continuation of benefits to enrollees and the financial condition of the health maintenance organizat ion to be managed or serviced, and (ii) need not take i nto account the effect of the management contract or s ervice agreement on competition. ( f) Except for small employer groups as defined in the Small Employer Rating, Rene wability and Portability Health Insurance Act and except for medicare supplement policie s as defined in Section 363 of the Illinois Insurance C ode, a Health Maintenance Organization may by contract agree with a g roup or other enrollment unit to effect refunds or charge addit ional premiums under the following terms and conditions:

(i) the amount of, and other ter ms and conditions with respect to, the refund or add itional premium are set forth in the group or enrollme nt unit contract agreed in advance of the period for which a refund is to be paid or additional premium is to be charge d (which period shall not be less than one year); and (ii) the amount of the refund or additional premium shall not exceed 20% of the Health Maint enance Organization's profitable or unprofitable exper ience with respect to the group or other enrollment unit for th e period (and, for purposes of a refund or additional premium, the profitable or unprofitable experience s hall be calculated taking into account a pro rata share of the Health Maintenance Organization's administrative an d marketing expenses, but shall not include any refund to be made or additional premium to be paid pursuant to this su bsection (f)). The Health Maintenance Organization and the gr oup or enrollment unit may agree that the profitable or unp rofitable experience may be calculated taking into account the refund period and the immedi ately preceding 2 plan years. The Health Ma intenance Organization shall include a statement in the evi dence of coverage issued to each enrollee describing the po ssibility of a refund or additional premium, and u pon request of any group or enrollment unit, provide to the group or enrollment unit a description of the method used to calculate (1) the Health Maintenance Organization's pr ofitable experience with respect to the group o r enrollment unit and the resulting refund to the group or enrollment unit or (2) the Health Maintenance Organiz ation's unprofitable experience with respect to the group or enrollment unit and the resulting additional pre mium to be paid by the group or enrollment unit. In no event shall the Illinois Health Mainte nance Organization Guaranty Association be liable to pay an y contractual obligation of an insolvent organization t o pay any refund authorized under this Section. (g) Rulemaking authority to implement Public Act 9 5-1045, if any, is conditioned on the rules being a dopted in accordance with all provisions of the Illinois A dministrative Procedure Act an d all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21; 102-203, eff. 1-1-22; 102 -306, eff. 1-1-22; 102-443, eff . 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10 -8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804, eff . 1-1-23; 102-813, eff. 5-13-2 2; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 10 2-901, eff. 7-1-22; 102-1093, e ff. 1-1-23; 102-1117, eff. 1-13-2 3; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff. 6-30-23; 103-4 20, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445, eff. 1-1-24; 103-551, eff. 8-11-23; 103-605, eff. 7-1 -24; 103-618, eff. 1-1-25; 103-6 49, eff. 1-1-25; 103-656, eff. 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103 -753, eff. 8-2-24; 103-758, eff. 1-1-25; 103-777, eff. 8-2-24 ; 103-914, eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; revised 9-26-24.) (Text of Section afte r amendment by P.A. 103-808) Sec . 5-3. Insurance Code provisions. ( a) Health Maintenance Organizations shall be subject to the provisions of Sections 133, 134, 136, 1 37, 139, 140, 141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 155.49, 352c, 355.2, 355.3, 355.6, 355b, 355c, 356f, 356g, 356g.5-1, 356m, 356q, 3 56u.10, 356v, 356w, 356x, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24 , 356z.25, 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32, 356z.33, 356z.34, 356z.35, 356z.36, 356z .37, 356z.38, 356z.39, 356z.40, 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46, 356z.47, 356z.48, 356z .49, 356z.50, 356z.51, 356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61, 356z.62, 356z.63, 356 z.64, 356z.65, 356z.66, 356z.67, 356z.68, 356z.69, 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75, 356z.77, 3 64, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1, paragrap h (c) of subsection (2) of Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and XXXI IB of the Illinois Insurance Code. (b) For purposes of the Illinois Insurance Code, except for Sectio ns 444 and 444.1 and Articles XIII and XIII 1/2, Health Mainten ance Organizations in the following categories are deemed to be "domestic companies":

(1) a corporation authorized under the Dental Service Plan Act or the Voluntary Health Services Plans Act; (2) a corporation organized under the laws of t his State; or (3) a corporation organized under the laws of another state, 30% or m ore of the enrollees of which are residents of this State, exce pt a corporation subject to substantially the same requirements in its state of organization as is a "domestic company" under Article V III 1/2 of the Illinois Insurance Code. (c) In considering th e merger, consolidation, or other acquisition of control of a Health Maintenance Organization pursuant to Article V III 1/2 of the Illinois Insurance Code, (1) the Director shall give primary conside ration to the continuation of benefits to e nrollees and the financial conditions of the acquired He alth Maintenance Organization after the merger, consolidati on, or other acquisition of control takes effect; (2)(i) the criteria specified in subsection (1)(b) of Section 131.8 of the Illinois Insurance Code shall not apply and (ii) the Director, in making his determination with respect to the merger, consolidation, or other acquisition of control, n eed not take into account the effect on competition of the merger, consolidation, or other acquisit ion of control; (3) the Director shall have the power to require the fo llowing information: (A) certification by an independent actuary of th e adequacy of the reserves of the Health Maintenance O rganization sought to be acquired; (B) pro forma financial statements refl ecting the combined balance sheets of the acquiring company and the Health Maintenance Org anization sought to be acquired as of the end of the preced ing year and as of a date 90 days prior to the acq uisition, as well as pro forma financial statements refl ecting projected combined operation for a period of 2 y ears; (C) a pro forma bus iness plan detailing an acquiring party's plans with respect to the operation of the Health Maintenance Organizatio n sought to be acquired for a period of not less than 3 y ears; and ( D) such other information as the Director shall require . (d) The provisions of Article VIII 1/2 of the Illinois Insurance Code and this Section 5-3 shall apply to the sale by any health maintenance organi zation of greater than 10% of its enrollee populatio n (including, without limitation, the health maintenance organi zation's right, title, and interest in and to its h ealth care certificates). (e) In considering an y management contract or service agreement subject to Section 141.1 of the Illinois Insurance Code, the Director (i ) shall, in addition to the criteria specified in Section 141.2 of the Illinois Insurance Code, take int o account the effect of the management contract or servi ce agreement on the continuation of benefits to enrollees and the financial condition of the health maintenance organizat ion to be managed or serviced, and (ii) need not take i nto account the effect of the management contract or s ervice agreement on competition. ( f) Except for small employer groups as defined in the Small Employer Rating, Rene wability and Portability Health Insurance Act and except for medicare supplement policie s as defined in Section 363 of the Illinois Insurance C ode, a Health Maintenance Organization may by contract agree with a g roup or other enrollment unit to effect refunds or charge addit ional premiums under the following terms and conditions:

(i) the amount of, and other ter ms and conditions with respect to, the refund or add itional premium are set forth in the group or enrollme nt unit contract agreed in advance of the period for which a refund is to be paid or additional premium is to be charge d (which period shall not be less than one year); and (ii) the amount of the refund or additional premium shall not exceed 20% of the Health Maint enance Organization's profitable or unprofitable exper ience with respect to the group or other enrollment unit for th e period (and, for purposes of a refund or additional premium, the profitable or unprofitable experience s hall be calculated taking into account a pro rata share of the Health Maintenance Organization's administrative an d marketing expenses, but shall not include any refund to be made or additional premium to be paid pursuant to this su bsection (f)). The Health Maintenance Organization and the gr oup or enrollment unit may agree that the profitable or unp rofitable experience may be calculated taking into account the refund period and the immedi ately preceding 2 plan years. The Health Ma intenance Organization shall include a statement in the evi dence of coverage issued to each enrollee describing the po ssibility of a refund or additional premium, and u pon request of any group or enrollment unit, provide to the group or enrollment unit a description of the method used to calculate (1) the Health Maintenance Organization's pr ofitable experience with respect to the group o r enrollment unit and the resulting refund to the group or enrollment unit or (2) the Health Maintenance Organiz ation's unprofitable experience with respect to the group or enrollment unit and the resulting additional pre mium to be paid by the group or enrollment unit. In no event shall the Illinois Health Mainte nance Organization Guaranty Association be liable to pay an y contractual obligation of an insolvent organization t o pay any refund authorized under this Section. (g) Rulemaking authority to implement Public Act 9 5-1045, if any, is conditioned on the rules being a dopted in accordance with all provisions of the Illinois A dministrative Procedure Act an d all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21; 102-203, eff. 1-1-22; 102 -306, eff. 1-1-22; 102-443, eff . 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10 -8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804, eff . 1-1-23; 102-813, eff. 5-13-2 2; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 10 2-901, eff. 7-1-22; 102-1093, e ff. 1-1-23; 102-1117, eff. 1-13-2 3; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff. 6-30-23; 103-4 20, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445, eff. 1-1-24; 103-551, eff. 8-11-23; 103-605, eff. 7-1 -24; 103-618, eff. 1-1-25; 103-6 49, eff. 1-1-25; 103-656, eff. 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103 -753, eff. 8-2-24; 103-758, eff. 1-1-25; 103-777, eff. 8-2-24 ; 103-808, eff. 1-1-26; 103-914, eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; revised 11-26-24.) Section 770. The Limited Health Service Organization Act is amended by changing Section 4003 as follows: (215 ILCS 130/400

3) (from Ch. 73, par. 1504-3) Sec. 4003. Illinois Insurance Code provisions. Limited health serv ice organizations shall be subject to the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1 , 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 15 5.49, 352c, 355.2, 355.3, 355b, 355d, 356m, 356q, 356v, 356z.4, 356z.4a, 356z.10, 356z.21, 356z.22, 356z. 25, 356z.26, 356z.29, 356z.32, 356z.33, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54, 356z.5 7, 356z.59, 356z.61, 356z.64, 356z.67, 356z.68, 356z.71, 356z.73, 356z.74, 356z.75, 364.3, 368a, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1 and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the Illinois Insurance Code. Nothing in this Section shall requi re a limited health care plan to cover any service that is not a limited health service. For purposes of the Illinois Insurance Co de, except for Sections 444 and 444.1 and Articles XIII and XIII 1/2, limited health service organizations in the followi ng categories are deemed to be domestic companies: (1) a corporation und er the laws of this State; or

(2) a corporation organized under the laws of an other state, 30% or more of the enrollees of which are resident s of this State, except a corporation subject to substantially the same requirements in its state of organization as is a do mestic company under Article VIII 1/2 of the Illinois Insurance Code.(Source: P.A. 102-30, eff. 1-1 -22; 102-203, eff. 1-1-22; 102-306, eff. 1 -1-22; 102-642, eff. 1-1-22; 102-731 , eff. 1-1-23; 102-775, eff. 5-13-22; 102-813, eff. 5-13-22; 102-816 , eff. 1-1-23; 102-860, eff. 1-1- 23; 102-1093, eff. 1-1-23; 102-1117, e ff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24; 103-426, eff. 8-4- 23; 103-445, eff. 1-1-24; 103-605, eff. 7-1-24; 103 -649, eff. 1-1-25; 103-656, eff. 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-1 9-24; 103-751, eff. 8-2-24; 103-758, eff. 1-1-25; 103-832, eff. 1-1-25; 103-1024, eff. 1-1-25; revised 11-26-24.) Section 775. The Manage d Care Reform and Patient Rights Act is amended by changing Section 10 as follows: (215 ILCS 134/10) Sec. 10. Definitions. In this Act: For a health care plan under Section 45 or for a utilization review program under Section 85, "adverse determination" has the meaning given to that term in Section 10 of the Health Carrier E xternal Review Act. "Clinical peer" means a health care professional who is in the same profession and the same or similar specialty as the health care provider who typically manages the medical condition, procedures, or treatment under review. "Department" means the Department of Ins urance. "Emergency medical condition" means a medical condition manifesting itself by acute symptoms of sufficient severity, regardless of the final diagnosis given, such that a prudent laype rson, who possesses an average knowledge of health and medicine, could reas onably expect the absence of immediate medical attention to result in: (1) placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy; (2) serious impairment to bo dily functions; (3) serious dysfunction of any bodily organ or part;

(4) inadequately controll ed pain; or (5) with respect to a pregnant woman who is having contractions: (A) inadequate time to complete a safe transfer to another hospital before delivery; o r (B) a transfer to another hospital may pose a threat to the health or safety of the woman o r unborn child. "Emergency medical sc reening examination" means a medical screening examination an d evaluation by a physician licensed to practice medicine in all its branches, or to the extent permitted by applicable l aws, by other appropriately licensed personnel under the su pervision of or in collaboration with a physician licensed to practice medicine in all its branches to determine wheth er the need for emergency services exists. "Emergency services" means, with respect to an enrollee of a he alth care plan, transportation services, including but not limited to ambulance services, and covered inpatient and outpatient hospital services furnished by a provide r qualified to furnish those services that are needed to evaluate or sta bilize an emergency medical condition. "Emergency service s" does not refer to post-stabilizati on medical services. "Enrollee" means any per son and his or her dependents enrolled in or covered by a health c are plan. "Generally accepted standards of care" means standards of care and clinical practice that are generally recogn ized by health care providers practicing in relevant clini cal specialties for the illness, injury, or condition or its symptoms and comorbidities. Valid, evidence-based sou rces reflecting generally accepted standards of care include p eer-reviewed scientific studies and medical literature, recommendations of nonprofit health care provider professional associations and specialty societies, including, but not limited to, patient placement criteria and clinical practice guidelines, recom mendations of federal government agencies, and drug labeling ap proved by the United States Food and Drug Administration.

"Health care plan" means a plan, including, but not limited to, a health maintenance organization, a managed care community network as defined in the Illinois Publ ic Aid Code, or an accountable care entity as defined in the Illinois Public Ai d Code that receives capitated payments to cover medic al services from the Department of Healthcare and Family Service s, that establishes, operates, or maintains a network of h ealth care providers that has entered into an agreement with the plan to provide health care services to enrollees to whom the plan has the ultimate obligation to arrange for the provision of or payment for services through organizatio nal arrangements for ongoing quality assurance, utilizat ion review programs, or dispute resolution. Nothing in this def inition shall be construed to mean that an independent practice association or a physician hospital organization that su bcontracts with a health care plan is, for purposes of that s ubcontract, a health care plan. For purpos es of this definition, "health care plan" shall not include th e following: (1) indemnity health insurance policies including those using a contracted provider network; (2) health care plans that offer on ly dental or only vision coverage; (3) preferred provider administrators, as def ined in Section 370g(g) of the Illinois Insurance Code;

(4) employee or employer self-insured health benefit plans under the federal Employee Retirement Income Security Act of 1974; (5) health care provided pursuant to the Workers ' Compensation Act or the Workers' Occupational Diseases Act ; and (6) except with respec t to subsections (a) and (b) of Section 65 and subsection (a -5) of Section 70, not-for-profit volu ntary health services plans with health maintenance or ganization authority in existence as of January 1, 1999 that a re affiliated with a union and that only extend cov erage to union members and their dependents. "Health care professional" means a physician, a reg istered professional nurse, or other individual appropri ately licensed or registered to provide health care services. "Health care provider" means any physician, hospita l facility, facility licensed under the Nursin g Home Care Act, long-term care facility as defined i n Section 1-113 of the Nursing Home Care Act, or other person that is l icensed or otherwise authorized to deliver health care services. Nothing in this Act shall be construed to define In dependent Practice Associations or Physician- Hospital Organizations as health care providers. "Health care services" means any services in cluded in the furnishing to any indivi dual of medical care, or the hospitalization incident to the furnishing of such care, as well as the furnishing t o any person of any and all other services for the purpose of preventin g, alleviating, curing, or healing human illness or in jury including behavioral health, mental health, home heal th, and pharmaceutical services and products. "Medical direc tor" means a physician licensed in any state to practice me dicine in all its branches appointed by a health care plan. "Medically necessary" means that a service or prod uct addresses the specific needs of a patient for the purpose of screening, preventing, diagnosing, managing, or t reating an illness, injury, or condition or its symptoms and comorbidit ies, including minimizing the progression of an illness, in jury, or condition or its symptoms and comorbidities, in a man ner that is all of the following: (1) in accordance with generally accepted standards of car e; (2) clinically appropriate in terms of type, frequency , extent, site, and duration; and (3) not primarily for the economic benefit o f the health care plan, purchaser, or utilization review o rganization, or for the convenience of the patient, treating physician, or other health care provider. "Person" means a corporat ion, association, partnership, limited li ability company, sole proprietorship, or any other legal en tity. "Physician" means a person licensed und er the Medical Practice Act o f 1987. "Post-stabilization me dical services" means health care services provided to an enr ollee that are furnished in a licensed hospital by a provide r that is qualified to furnish such services, and determined to be medically necessary and directly related to the emergency medical condition following stabi lization. "Stabilization" means, with respect to an emergency medica l condition, to provide such medical treatment of the conditi on as may be necessary to assure, w ithin reasonable medical probability, that no mater ial deterioration of the condition is likely to result. "Step therapy requirement" means a utilization review or formulary requirement that specifies, as a condi tion of coverage under a health care plan, the order in which certain health c are services must be used to treat or manage an enrollee's health cond ition. "Step therapy requirement" does not include: (1) utilizat ion review to identify when a tr eatment or health care service is contraindicated or c linically appropriate or to limit quanti ty or dosage for an enrollee based on utilization review crite ria consistent with generally accepted standards of care developed in accordance with Section 87 of this Act; (2) the removal of a drug from a formulary or changing the drug's preferred or cost-shari ng tier to higher cost sharing; (3) use of the med ical exceptions process under Section 45.1 of this Act; any decision during a medical exceptions process based on cost is step therapy and prohibited; (4) a requirement to obtain prior authori zation for the requested treatment; or (5) for health care plans operated or o verseen by the Department of Healthcare and Family Services, i ncluding Medicaid managed care plans, any utilization co ntrols mandated by 42 CFR 456.703 or a preferre d drug list as described in Section 5-30.14 of the Illinois Public A id Code. "Utilization review" means the eva luation, including any evaluation based on an algorit hmic automated process, of the medical necessity, appropria teness, and efficiency of the use of health care serv ices, procedures, and facilities. "Utilization review" includes either of the following: (1) prospectively, retrospectively, or concurrently reviewing and approving, modifying, delaying, or denying, based, in whole or in part, o n medical necessity, requests by health care providers , enrollees, or their authorized representatives for cov erage of health care services before, retrospectively , or concurrently with the provision of h ealth care services to enrollees; or (2) evaluating the medical necessity, appro priateness, level of care, service intensity, efficacy, or e fficiency of health care services, benefits, procedures, or settings, under any circumstances, to determine wh ether a health care service or benefit subject to a med ical necessity coverage requirement in a health care plan is c overed as medically nece ssary for an enrollee. "Utilization rev iew criteria" means criteria, standards, protocols, or guidel ines used by a utilization review program to conduct utilizati on review to ensure that a patient's care is aligned with generally acc epted standards of care and consistent with State law. "Utilizatio n review program" means a program established by a person to perform utilization review.(Source: P.A. 102-409, eff. 1-1-22; 103-426, eff . 8-4-23; 103-650, eff. 1-1-25; 103-656, eff. 1-1-25; revised 11-26-24.) Section 780. The Viatical Settlements Act of 2009 is amended by changing Section 5 as follows: (215 ILCS 159/5) Se c. 5. Definitions. As used in this Act: "Accredited investor" means an accredited investo r as defined in Rule 501(a) promulgated under the Securities A ct of 1933 (15 U.S.C. 77 et seq.), as amended. "Advertising" means any written, electronic, or printe d communication or any communication by means of recorded telephone messages or transmitted on radio, television, the Internet, or similar communications media , including film strips, digital picture slides, motion pictures, and videos published, dissem inated, circulated, or placed before the public in this State, for the purpose of creating an interest in or inducing a person to sell, assign, devise, bequest, or transfer the death benefit or ownership of a policy pursuan t to a viatical settlement contract. "Alien licensee" means a licensee incorporated or organized under the laws of any country other than the United States. "Bu siness of viatical settlements" means any activity involved in, but not limi ted to, the offering, soliciting, negotiating, procuring, effectuating, purchasing, investing, financing, monitoring, tracking, unde rwriting, selling, transferring, assigning, pledging, or hypothecating or in any other manner acquiring an interest i n a life insurance policy by means of a viatical settlement contract or other agreement. "Chronically ill" means having been certified within the preceding 12-month period by a licensed health pro fessional as: (1) being unable to perform, without substantial assistance from anot her individual and for at least 90 days due to a loss of f unctional capacity, at least 2 activities of daily living, inc luding, but not limited to, eating, toileting, transferring, bathing, dressing, or continence; (2) requiring substantial supervision to prot ect the individual from threats to health and safe ty due to severe cognitive impairment; or (3) having a level of disability similar to that described in par agraph (1) as determined by the Secretary of Health and Hum an Services. "Controlling person" means any person, firm, association, or corporation that directly or indirectly has the power to direct or cause to be directed the management, control, or activities of the viatical settle ment provider. "Director" means the Director of the Division of Insurance of the Department of Financial and Professional Regulatio n. "Division" means the Division of Insurance of the Department of Financial and Professional Regulation. "Escrow agen t" means an independent third-party person who, p ursuant to a written agreement signed by the viatical settlement provider and viator, provides escrow services re lated to the acquisition of a life insurance policy pur suant to a viatical settlement contract. "Escrow agent" does not include any person associated or af filiated with or under the control of a licensee. "Financial institution" means a financial ins titution as defined by the Financial Institutions Insur ance Sales Law in Article XLIV of the Illinois Insurance C ode. "Financing ent ity" means an underwriter, placement agent, lender, purcha ser of securities, purchaser of a policy or certificate from a viatical settlement provider, credit enhancer, or an ent ity that has a direct ownership in a policy that is the subject of a viatical settlement contract, and to which both of the f ollowing apply: (1) its principal activity related to the transaction is providing funds to e ffect the viatical settlement or purchase of one or more viaticated pol icies; and (2) it has an a greement in writing with one or more licensed viatical settl ement providers to finance the acquisition of viatical se ttlement contracts."Financing entity" d oes not include an investor that is not an accredited inves tor. "Financing transaction" means a transac tion in which a viatical settlement provi der obtains financing from a financing entity, including, without limitation, any secured or unsecured financing, secu ritization transaction, or securities offering that either is registered o r exempt from registration under federal and State securit ies law. "Foreign licensee" means any vi atical settlement provider incorporated or organized und er the laws of any state of the United States other than this S tate. "Insurance producer" means an insurance producer as defined by Section 500-1 0 10 of Article XXXI of t he Illinois Insurance Code. "Licensee" means a viatical settlement provider or viatical settlement broker. "Life expectancy provider" means a person who det ermines or holds himself or herself out as determining life expectancies or mortality ratings used to determine life expect ancies on behalf of or in connection with any of the following:

(1) A viatical settlement provider, viatical settlement br oker, or person engaged in the business of viatical se ttlements. (2) A viatical investment as defined by Section 2.33 of the Illinois S ecurities Law of 1953 or a viatical settlement contract. "NAIC" means the National Association of Insurance Commis sioners. "Person" means an in dividual or a legal entity, including, without limitation, a partnership, limited liability company, limited liability partners hip, association, trust, business trust, or corporat ion. "Policy" means an individual or group policy, group certificate, contract, or arrangement of insurance of the c lass defined by subsection (a) of Section 4 of the Illinois Insurance Code owned by a resident of this State, regardless of whether delivered or issued fo r delivery in this State. "Qualifi ed institutional buyer" means a qualified institutional b uyer as defined in Rule 144 promulgated under the Securitie s Act of 1933, as amended. "Related provider trust" means a ti tling trust or other trust established by a licensed via tical settlement provider or a financing entity for the sole purpose of holding the ownership or beneficial in terest in purchased policies in connection with a fin ancing transaction. The trust shall hav e a written agreement with the licensed viatical se ttlement provider under which the licensed v iatical settlement provider is responsible for ensuring com pliance with all statutory and regulatory requirements and und er which the trust agrees to make all records and files rela ted to viatical settlement transactions available to the Director as if those records and files were mai ntained directly by the licensed viatical settlement provi der. "Special purpose entity" me ans a corporation, partnership, trust, limited liability comp any, or other similar entity formed only to provide, directly or indirectly, access to institutional capital markets (i) for a financing entity or licensed viatical settlement provider; or (ii) in connection with a transaction in which the securities in the special purposes entity are acquired by the viator or b y qualified institutional buyers or the securities pay a fixe d rate of return commensurate with established asset-backed institutional capital markets. " Stranger-originated life insurance" or "STOLI" means an act, practice, or arrangement to initiate a life insurance policy for the benefit of a third-party investor who, at the time of policy origination, has no insurable interest in the insured. STOLI practices include, but are not limited to , cases in which life insurance is purchased with resource s or guarantees from or through a person or entity who, at the time of policy inception, could not lawfully initiate th e policy himself or itself and where, at the time of policy inception, there is an arrangement or agreement, whether verbal or written, to directly or indirectly trans fer the ownership of the policy or policy benefits to a th ird party. Trusts created to give the appearance of an insur able interest and used to initiate policies for investors vio late insurance interest laws and the prohibition against w agering on life. STOLI arrangements do not include lawful v iatical settlement contracts as permitted by this Act. "Terminally ill" means certifie d by a physician as having an illness or physical condition that reasonably is expected to result in death in 24 months or less. "Viatical settlement bro ker" means a licensed insurance producer who has been issued a lice nse pursuant to paragraph (1) or (2) of subsection (a) of Sec tion 500-35 of the Illinois Insurance Code who, work ing exclusively on behalf of a viator and for a fee, commissi on, or other valuable consideration, offers, solicits, promotes , or attempts to negotiate viatical settlement contracts bet ween a viator and one or more viatical settlement providers or one or more viatical settlement brokers. "Viatical sett lement broker" does not include an attorney, a certified public accountant, or a financial planner accred ited by a nationally recognized accreditation agency, who is retained to represent the viator and whose compensation is not paid directly or indirectly by the viatical settleme nt provider or purchaser. "Viatical s ettlement contract" means any of the following: (1) A written agreement between a viator and a viatical settlement provider establishing the terms un der which compensation or anything of value is or will be p aid, which compensation or value is less than the expect ed death benefits of the policy, in return for the viator's p resent or future assignment, transfer, sale, devise, or bequest of th e death benefit or ownership of any portion of the insurance p olicy. (2) A written agre ement for a loan or other lending transaction, secured primari ly by an individual life insurance policy or an individual cert ificate of a group life insurance policy. (3) The transfer for compensation or value of ownership of a beneficial interest in a trust or other entity that owns such policy, if the trust or other entity was formed o r availed of for the principal purpose of acquiring one or more life insurance contracts and the life insurance c ontract insures the life of a person residing in this State. (4) A premium finance loan made for a life insurance policy by a lender to a viator on, before, or after t he date of issuance of the policy in either of the followi ng situations: (A) The viator or the insured receives a guarante e of the viatical settlement value of the policy. (B) The viator or the insured agrees to sell the policy or any portion of the policy's death benefit on any date before or after issuance of th e policy. "Viatical settlement contract" does not include any of the following acts, practice s, or arrangements listed below in subparagraphs (a) through (i) of this definition of "viatical settlement contract", unless part of a plan, scheme, device, or artifice to avoid application of this Act; provided, however, that the list of excluded i tems contained in subparagraphs (a) through (i) is not intended to be an exhaustive list and that an act, pra ctice, or arrangement that is not described below in subparagraphs (a) through (i) does not necessarily co nstitute a viatical settlement contract: (a) A policy loan or accelerated death benefit made by the insurer pursuant to the policy's terms ; (b) Loan proceeds that are used solely to pay: (i) premiums for th e policy and (ii) the costs of the loan, including, without limitation, inter est, arrangement fees, utilization fees and similar fees, clo sing costs, legal fees and expenses, trustee fees and e xpenses, and third-party third party collateral provider fees and expenses, including fees payable to letter of credit issuers; (c) A loan made by a bank or other financial institution in which the lender takes an interest in a life insurance polic y solely to secure repayment of a loan or, if there is a default on the loan and the policy is transferred, th e transfer of such a policy by the lender, provided tha t neither the default itself nor the transfer of the policy in connection with the default is pursuant to an agreement or un derstanding with any other person for the purpose of evading regulation under this Act; (d) A loan made by a lende r that does not violate Article XXXIIa of the Illinois Insurance Code, pro vided that the premium finance loan is not described in t his Act; (e) An agre ement in which all the parties (i) are closely related to t he insured by blood or law or (ii) have a lawful substan tial economic interest in the continued life, health, and b odily safety of the person insured, or trusts established primarily for the benefit of such pa rties; (f) Any de signation, consent, or agreement by an insured who is an employee of an employer in conne ction with the purchase by the employer, or trust estab lished by the employer, of life insurance on the life of th e employee; (g) A bo na fide business succession planning arrangement: (i) betw een one or more shareholders in a corporation or between a corporation and one or more of its shareholders or one o r more trusts established by its shareholders; (ii) between one or more partners in a partnership or between a partnership and one or more of its partners or one or more trusts established by it s partners; or (iii) between one or more members in a li mited liability company or between a limited liability company and one or more of its memb ers or one or more trusts established by its members; (h) An agreement entered in to by a service recipient, or a trust established by the service recipient, and a service provider, or a trust est ablished by the service provider, who performs signif icant services for the service recipien t's trade or business; or

(i) Any other contract, transaction, or arrangemen t exempted from the definition of viatical settlement contr act by the Director based on the Director's determi nation that the contract, transaction, o r arrangement is not of the type intended to be reg ulated by this Act. "Viatical settle ment investment agent" means a person who is an appointe d or contracted agent of a licensed viatical settlement pr ovider who solicits or arranges the funding for the p urchase of a viatical settlement by a viatical settlemen t purchaser and who is acting on behalf of a viatical settlement provider. A viatical settlement investmen t agent is deemed to represent the viatical settlement pr ovider of whom the viatical settlement investment agen t is an appointed or contracted agent. "Viatical settlement provider" means a person, other tha n a viator, who enters into or effectuates a viatical s ettlement contract with a viator. "Viatical settlement p rovider" does not include: (1) a bank, savings bank, savings and loan association, credi t union, or other financial institution that takes an assi gnment of a policy as collateral for a loan; (2) a financial insti tution or premium finance company making premium finance loans and exempted by the Director from the licensi ng requirement under the prem ium finance laws where the institution or company takes an assignment of a life insurance policy solely as collateral for a premium finance loan; (3) the issuer of the life insurance policy; (4) an authorized or eligible insurer that provides stop loss coverage or financial guaranty insurance t o a viatical settlement provider, purchaser, financing entity, special purpose entity, or related provider trus t; (5) an An individual pe rson who enters into or effectuates no more than one viatical s ettlement contract in a calendar year for the transfer of po licies for any value less than the expecte d death benefit; (6) a financing entity; (7) a special purpose entity;

(8) a related provider trust; (9) a viatical sett lement purchaser; or (1 0) any other person that the Director determines is consi stent with the definition of viatical settlement provider.

"Viatical settlement purchaser" mea ns a person who provides a sum of money as considera tion for a life insurance policy or an interest in the death benefits of a life insurance policy, or a person who owns or acquires or is e ntitled to a beneficial interest in a trust that owns a viatical settlement contract or is the beneficiary of a lif e insurance policy, in each case where such policy has been or will be the subje ct of a viatical settlement contract, for the purpose of deriving an economic benefit. "Viatical settlement purchaser" does not include: (i) a licensee und er this Act; (ii) an accredited investor or qualified in stitutional buyer; (iii) a financing entity; (iv) a special purpose entit y; or (v) a related provider trust. "Via ticated policy" means a life insurance policy that has been acqui red by a viatical settlement provider pursuant to a viatical sett lement contract. "Viator" means the owner of a life insur ance policy or a certificate holder under a group policy who enters or seeks to enter into a viatical settlement c ontract. For the purposes of this Act, a viator is not limited to an owner of a life insurance policy or a certificate holder under a group p olicy insuring the life of an individual with a terminal or chro nic illness or condition, except where specifically addressed . "Viator" does not include: (1) a licensee; (2) a qual ified institutional buyer; ( 3) a financing entity; (4) a special purpose entity; or (5) a related provider trust. (Source: P .A. 100-863, eff. 8-14-18; revised 7- 23-24.) Section 785. The Vision Care Plan Regulation Act is amended by chan ging Section 5 as follows: (215 ILCS 161/5) Sec. 5. Definitio ns. As used in this Act: "Covered materials" means materials for which reimb ursement from the vision care plan is provided to an eye care provider by an enrollee's plan contract or for which a reim bursement would be available but for the application of the enrollee's contractual limitation of deductible s, copayments, or coinsurance. "Covered materials" includes lens treatme nt or coatings added to a spectacle lens if the base specta cle lens is a covered material. "Covered services" means services for which reimbursement from the vi sion care plan is provided to an eye care provider by an enrollee's plan contract or for which a reimbursement would be available but for the application of the enrollee's contractual plan limitati on of deductibles, copayments, or coinsurance regardless of how the ben efits are listed in an enrollee's benefit plan's definition of benefits. "Enrollee" means any individual enrolled in a vision care plan provided by a group, employer, or other entit y that purchases or supplies coverage for a vision care plan. "Eye care provider" means a doct or of optometry licensed pursuant to the Illin ois Optometric Practice Act of 1987 or a physician licensed to practice medicine in all of its branches pursuant to the Me dical Practice Act of 1987. "Materials" m eans ophthalmic devices, including, but not limited to : (i) lenses, devices conta ining lenses, ophthalmic frames, and other lens mounting app aratus, prisms, lens treatments, and coatings; (ii) contact lenses and prosthet ic devices that correct, relieve, or treat defects or abnormal conditions of the human eye or adnexa; and (iii) any devices that deliver medication or other therapeutic treatment to the human eye or adnexa.

"Services" means the professio nal work performed by an eye care provider. "Subcontractor" means any company, group, or third-party entity, including agents, servants, pa rtially owned partially-owned or wholly owned wholly- owned subsidiaries and controlled organizations, that the vision care plan contracts with to supply services or materials for an eye care provider or enrollee to fulfill the ben efit plan of a vision care plan.

"Vision care organization" means an entity formed under the laws of this State or another s tate that issues a vision care plan. "Vision care plan" means a plan that creates , promotes, sells, provides, advertises, or administer s an integrated or stand-alone plan that provides co verage for covered services and covered materials.(Source: P.A. 103-482, eff. 8-4-23; revised 7-23-24.) Section 790. The Volun tary Health Services Plans Act is amended by changing Section 1 0 as follows: (215 ILCS 165/10) (from Ch. 32, par. 604) Sec. 10.

Application of Insurance Code pr ovisions. Health services plan corporat ions and all persons interested therein or dealing therewith shall be subject to the provisio ns of Articles IIA and XII 1/2 and Sections 3.1, 133, 13 6, 139, 140, 143, 143.31, 143c, 149, 155.22a, 155.37, 354, 35 5.2, 355.3, 355b, 355d, 356g, 356g.5, 356 g.5-1, 356m, 356q, 356r, 356t, 356u, 356u.10, 356v , 356w, 356x, 356y, 356z.1, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13 , 356z.14, 356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32, 356z.32a, 356z.33, 356z.40, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z. 62, 356z.64, 356z.67, 356z.68, 356z.71, 356z.72, 356z.74, 356z.75, 356z.77, 364.01, 364.3, 367.2, 368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and paragraphs (7) and (15) of Section 367 of the Illinois Insurance Code. Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illi nois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purpor ted rule not so adopted, for whatever reason, is unauthorized.

(Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff . 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102- 731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1 -23; 102-860, eff. 1-1-23; 102-90 1, eff. 7-1-22; 102-1093, eff. 1-1-23; 102 -1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103- 420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 1 03-656, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 10 3-753, eff. 8-2-24; 103-758, eff. 1 -1-25; 103-832, eff. 1-1-25; 10 3-914, eff. 1-1-25; 103-9 18, eff. 1-1-25; 103-1024, eff. 1-1-25; revised 11-26-24.) Section 795. The Health Carrier External Review Act is amended by changing Sec tion 10 as follows: (215

ILCS 180/10) Sec. 10. Definitions. For the purposes of this Act: "Adverse determinatio n" means: (1) a determination by a health carrier or its designee util ization review organization that, based upon the health information provided for a covered person, a request for a benefit, including any quantity, frequency, duration, or other measurement of a benefit, under the hea lth carrier's health benefit plan upon application of any utilization review technique does not meet the health carrier's requirements for medical necessity, appropriateness, health care setting, level of c are, or effectiveness or is determined to be experimental or investigational and the requested benefit is therefore denied, reduced, or terminated or payment is no t provided or made, in whole or in part, for the benefit; (2) the denial, reduction, or termination of or failure to provide or make payment, in whole or in part, f or a benefit based on a determination by a health carrier or its designee uti lization review organization that a preexisting condition was present before the effective date of coverage; or (3) a rescission of coverage determ ination, which does not include a cancellation or dis continuance of coverage that is attributable to a failure to timely pay required premiums or contributions toward towards the co st of coverage. "Adverse d etermination" includes unilateral determinations that rep lace the requested health care service with an approval of an alternative health care service without th e agreement of the covered person or the covered person' s attending provider for the requested health care se rvice, or that condition appro val of the requested service on first trying an alternativ e health care service, either if the request was made under a medical except ions procedure, or if all of the following are true: (1) the requested service was not excluded by name, description, or service category under t he written terms of coverage, (2) the alternative healt h care service poses no greater risk to the patient bas ed on generally accepted standards of care, and (3 ) the alternative health care service is at least as likely t o produce the same or better effect on the covered person 's health as the requested service based on generally acc epted standards of care. "Adverse determination" includes determinations made based on any source of health information pertaining to th e covered person that is used to deny, reduc e, replace, condition, or terminate the benefit or payment. "A dverse determination" includes determinations made in response to a request for authorization when the request was submitte d by the health care provider regardless of whether the provider gave notice to or obt ained the consent of the covered person or authorized repr esentative to file the request. "Adverse determination" d oes not include substitutions performed under Section 19.5 or 25 of the Pharmacy Pract ice Act. "Authorized representative" means : (1) a person to whom a c overed person has given express written consent to represent th e covered person for purposes of this Law; (2) a person authorized by law to prov ide substituted consent for a covered person; (3) a family member of the covered p erson or the covered person's treating health care professi onal when the covered person is unable to provide consent; (4) a health care provide r when the covered person's health benefit plan requir es that a request for a benefit under the plan be initiat ed by the health care provider; or (5) in the case of an urgent care request, a health care provider with knowledge of the covered person's medica l condition. "Best evidence" means evidence ba sed on: (1) randomize d clinical trials; (2) if r andomized clinical trials are not available, then cohort studies or case-control studies; ( 3) if items (1) and (2) are not available, then case-series; or (4) i f items (1), (2), and (3) are not available, then exper t opinion. "Case-series" means an ev aluation of a series of patients with a particular outcome, without the use of a control group.

"Clinical review criteria" means the written screening p rocedures, decision abstracts, clinical protocols, and practice guidelines use d by a health carrier to determine the necessity and approp riateness of health care services. "Clinical review criter ia" includes all utilization review criteria as defined i n Section 10 of the Managed Care Reform and Patient Rights Act. "Cohort study" means a prospective evaluation of 2 groups of patients with only one group of patie nts receiving specific intervention. "Concurrent rev iew" means a review conducted during a patient's stay or course of treatment in a facility, the office of a health care profes sional, or other inpatient or outpatient health care setting. "Covered benefits" or "benefits" means those health ca re services to which a covered person is entitled u nder the terms of a health benefit plan. "C overed person" means a policyholde r, subscriber, enrollee, or other individual participating in a health benefit plan. "Director" means the Director of the Depar tment of Insurance. "Emergency medica l condition" means a medical condition manifesting itsel f by acute symptoms of sufficient severity, including, but not limited to, severe pain, such that a prudent layperson who possesses an average knowledge of health and medicine could reasonably expect the absence of immediate medical atte ntion to result in: (1) placing the health of the individual or, with respect to a pregnant woman, the health of the woman or he r unborn child, in serious jeopa rdy; (2) serious im pairment to bodily functions; or

(3) serious dysfunction of any bodily organ or p art. "Emergency services" means h ealth care items and services furnished or required to ev aluate and treat an emergency medical condition. "Evidence-based standard" means th e conscientious, explicit, and judicious use of the current best evidence based on an overall systematic re view of the research in making d ecisions about the care of individual patients. "Expert opinio n" means a belief or an interpretation by specialists wi th experience in a specific area about the scientific evidenc e pertaining to a particular service, intervention, or t herapy. "Facility" means an institution provi ding health care services or a health care setting. "Final adverse determination" means an adverse determ ination involving a covered benefit that has been upheld by a health carrier, or its designee utilization review org anization, at the completion of the health carrier's internal gr ievance process procedures as set forth by the Managed Care Reform and Patient Righ ts Act or as set forth for any additional authorization or internal appeal pr ocess provided by contract between the health carrier and the provider. "Final adverse determination" includes dete rminations made in an appeal of a den ial of prior authorization when the appeal was submitted by the health care provider regardless of whether the provider gave notice to or obtained the consent of the covered pers on or authorized representative to file an internal appeal. "Health benefit plan" means a policy, contrac t, certificate, plan, or agreement offered or issued by a health carrier to provide, deliver, arrange for, pay fo r, or reimburse any of the costs of health c are services. "Health care provider" or "provider" means a physician, hospital facility, or other health care practitioner licensed, acc redited, or certified to perform specified health care services consistent with State law, responsible for recommending health care services on behalf of a covered person. "Health care services" means services for t he diagnosis, prevention, treatment, cure, or relief of a healt h condition, illness, injury, or disease. "Health carrier" means an entity subject to the insu rance laws and regulations of this State, or subj ect to the jurisdiction of the Director, that contract s or offers to contract to provide, deliver, arrange for, pay f or, or reimburse any of the costs of health care services, inc luding a sickness and accident insurance company, a healt h maintenance organization, or any other entity providing a p lan of health insurance, health benefits, or hea lth care services. "Health carrier" also means Limited Health Service Organizations (LHSO) and Voluntary Health Serv ice Plans. "Health information" means information or data, whether oral or recorded in any form or medium, a nd personal facts or information about events or relationships that relate to: (1) th e past, present, or future physical, mental, or beha vioral health or condition of an individual or a member o f the individual's family;

(2) the provision of health care services to an individual; or (3) payment for the provision of health care services to an individual.

"Independent review organization" means an entity that conducts independent external reviews of adverse determin ations and final adverse determinations. "Medical or scientific evidence" means evidence found in t he following sources: (1) peer-reviewed scientific studies published in or accepted for publication by medical journals that meet nationa lly recognized requirements for scientific manuscri pts and that submit most of their published articles for review by experts who are not part of the editorial staff; (2) peer-reviewed medical literature , including literature relating to therapies reviewed and approved by a qualified instit utional review board, biomedical compendia, and other medica l literature that meet the criteria of the National I nstitutes of Health's Library of Medicine for indexing in Index Medicus (Medline) and Elsevier Science Ltd. for indexi ng in Excerpta Medicus (EMBASE); (3) medical journals recognized by t he Secretary of Health and Human Ser vices under Section 1861(t)(2) of the federal Social Se curity Act; (4 ) the following standard reference compendia: (a) The American Hospital Formulary Service-Drug Information; (b) Drug Facts and Comparisons; (c) The American Dental As sociation Accepted Dental Therapeutics; and

(d) The United St ates Pharmacopoeia-Drug Information; (5) findings, studies, or research conducted by or under the auspices of federal go vernment agencies and nationally recognized federal resear ch institutes, including: (a) the federal Agency for Healthcare Research and Quality; (b) the National Institutes of Health; (c) the National Cancer Institute; (d) the National Academy of Sciences; (e) the Centers for Medi care & Medicaid Services; (f) the federal Food and Drug Administration; and (g) any national board recognized by the Nation al Institutes of Health for the purpose of evaluating the medical value of health care services; or (6) any other medical or scientific e vidence that is comparable to the sources listed in it ems (1) through (5). "Person" means an in dividual, a corporation, a partnership, an association, a joint venture, a joint stock company, a t rust, an unincorporated organization, any similar enti ty, or any combination of the foregoing. "Prospective review" means a re view conducted prior to an admission or the provision of a heal th care service or a course of treatme nt in accordance with a health carrier's requirement that the health care servic e or course of treatment, in whole or in part, be approved prior to its prov ision. "Protected health information" means health informati on (i) that identifies an individual who is the subject of the information; or (ii) with respec t to which there is a reasonable basis to believe that the information could be used to ide ntify an individual. "Randomized clinical tr ial" means a controlled prospective study of patients t hat have been randomized into an experimental group and a control group at the beginning of the study with only the experimental g roup of patients receiving a specific intervention, which includes study of t he groups for variables and anticipated outcome s over time. "Retrospective review" means any review of a request for a benefit that is not a concurren t or prospective review request. "Retrospective review" does not include the review of a claim that is limited to veracity of documentation or accuracy of coding.

"Utilization review" has the meaning provided by the Mana ged Care Reform and Patient Rights Act. "Utilization review organization" means a utilization review program as defined in the Managed Care Reform and Patie nt Rights Act.(Source: P.A. 103-650, ef f 1-1-25; 103-656, eff. 1-1-25; revised 11-26-24.) Section 800. The Prior Authorization Reform Act i s amended by changing Section 77 as follows: (215 ILCS 200/77) (This Section may contain text from a Public Act wit h a delayed effective date) Sec. 77. Prior authorization for drug therapies for here ditary bleeding disorders. Notwit hstanding any other provision of law, a health in surance issuer or a contracted utilization review org anization may not require a prior authorization for drug therapies approv ed by the U.S. Food and Drug Administration for the tr eatment of hereditary bleeding disorders any more frequently than every 6 months or the length of time the prescription for that dosage rema ins valid, whichever period is shorter.(Source: P.A. 103-659, eff. 1-1-26; revised 10-23-24.) Section 805. The Public Utilities Act is amended by changing Section 16-108.18 as follows:

(220 ILCS 5/16-108.18) Sec. 16-108.1 8. Performance-based ratemaking. (a) The General Assembly finds: (1) That improving the alignment of utility custome r and company interests is critical to ensuring equity, rapid growth of distributed energy resources, electric vehicles , and other new technologies that substantially change the ma keup of the grid and protect Illinois residents and businesses from potential economic and environmen tal harm from the State's energy systems. (2) There is urgency around a ddressing increasing threats from climate change and assisting communities that have borne disproportionate impacts from climate change, including air pollution, greenhouse gas emissions, and energ y burdens. Addressing this problem requires changes to the business mod el under which utilities in Illinois have traditionally functioned. (3) Providing targeted i ncentives to support change through a new performance-based structure to enhance r atemaking is intended to enable alignment of utility, customer, community, and environmental goals. (4) Though Illinois has taken some measures to m ove utilities to performance-based ratemaking through the establishment of performance incentives and a per formance-based formula rate under the Energy Infr astructure Modernization Act, these measures have not be en sufficiently transformative in urgently moving e lectric utilities toward the State's ambitious energy policy goals: protecting a healthy environment and climate, improving public hea lth, and creating quality jobs and economic opportunitie s, including wealth building, especially in economically di sadvantaged communities and communities of color. (5) These measures were not developed through a process to understand first what per formance measures and penalties would help drive the sou ght-after behavior by the utilities. (6) While the General Assembly has not m ade a finding that the spending related to the Energy Infra structure and Modernization Act and its performance met rics was not reasonable, it is important to address concerns that these mea sures may have resulted in excess utility spending and gua ranteed profits without meaningful improvements in customer experience, rate affordability, or equity. (7) Discussions of per formance incentive mechanisms must always take into accoun t the affordability of customer rates and bills for all customers, including low-income customers. (8) The General As sembly therefore directs the Illinois Commerce Commissi on to complete a transition that includes a compre hensive performance-based regulation framewor k for electric utilities serving more than 500,000 customers. The b readth of this framework should revise existing utilit y regulations to position Illinois electric utilities to e ffectively and efficiently achieve current and anticipated fut ure energy needs of this State, while ensuri ng affordability for consumers. (b) As use d in this Section: "Commission" means the Illinois Commerce Commission. "Dema nd response" means measures that decrease peak electricity demand or shift demand from peak to off-peak periods . "Distributed energy resources" or "DER" means a wide range of technologies that are connected to the grid including those that are located on the customer side of the custom er's electric meter and can provide value to the di stribution system, including, but not limited to, dist ributed generation, energy storage, electric vehicles, an d demand response technologies. "Ec onomically disadvantaged communities" means areas of one or more census tracts where average household income does not exceed 80% of area median income. "Enviro nmental justice communities" means the definition of th at term as used and as may be updated in the long-ter m renewable resources procurement plan by the Illinois Po wer Agency and its Program Administrator in the Illinois Solar for All Program. "Equity investm ent eligible community" means the geographic ar eas throughout Illinois which would most benefit from equitable investm ents by the State designed to combat discrimination. Specifically, the equity investment eligible communities shall be defined as the followin g areas: (1) R3 Areas as established pursuant to Section 10-40 of the Cannabis Re gulation and Tax Act, where residents have historically been excluded from economic opportunities, including oppo rtunities in the energy sector; and (2) Environmental justice communities, as defin ed by the Illinois Power Agency pursuant to the Illinois Power Agency Act, where residen ts have historically been subject to disproportionate burdens of pollution, including pollution from the energy sector . "Performance incentive mechanism" mea ns an instrument by which utility performance is incentivized, whi ch could include a monetary performance incentive. "Performance metric" means a manner of measurement fo r a particular utility activity . (c) Through coordinated, comp rehensive system planning, ratemaking, and performance incenti ves, the performance-based ratemaking framework shoul d be designed to accomplish the following objectives: (1) maintain and improve service reliability and safet y, including and particularly in environmental justice, low- income, and equity investment eligibl e communities; (2) decarbonize utility systems at a pace that me ets or exceeds State climate goals, while also ensuring the affordability of rates for all customers , including low-income customers; (3) direct electric utilities to make cos t-effective investments that support achieveme nt of Illinois' clean energy policies, including, at a minimum, investments designed to integrate distributed energy resources, comply with critical infrastructure protecti on standards, plans, and industry best practices, an d support and take advantage of potential benefits from t he electric vehicle charging and other electrif ication, while mitigating the impacts; (4) choose cost-effective assets and service s, whether utility-supplied or through third-p arty contracting, considering both economic and env ironmental costs and the effects on utility rates, to d eliver high-quality service to customers at le ast cost; (5) maintain the affordability o f electric delivery services for all custo mers, including low-income customers; (6) maintain and grow a diverse work force, diverse supplier procurement base and, for re levant programs, diverse approved-vendor pools, inc luding increased opportunities for minority-owned, female-owned, veteran-owned, and disability-ow ned business enterprises; (7) improve customer service performance and engagem ent; (8) address the pa rticular burdens faced by consumers in environment al justice and equity investment eligible communities, inc luding shareholder, consumer, and publicly funded bill pa yment assistance and credit and collec tion policies, and ensure equitable disconnections, late fees, or a rrearages as a result of utility credit and collection practices, which may include consideration of impact by zip code; an d (9) implement or otherwise enhance current supplier diversity programs to increase d iverse contractor participation in professional services, subcontracting, and prime contracting opportunities wit h programs that address barriers to acce ss. Supplier diversity programs shall address specific ba rriers related to RFP and contract access, access to c apital, information technology and cyber security access and costs, administrative burdens, and quality control with specific metrics, outcomes, and demographic data reported. (d) Multi-Year R ate Plan. (1) If an electric utility had a performance-based formula rate in effect under Section 16-108. 5 as of December 31, 2020, then the utility may file a p etition proposing tariffs implementing a 4-year Multi -Year Rate Plan as provided in this Section no late r than, January 20, 2023, for delivery service rates to be effective for the billing periods January 1, 2024 through December 31, 2027. The Commission shall issue an order a pproving or approving as modified the utili ty's plan no later than December 20, 2023. The term "Multi -Year Rate Plan" refers to a plan establishi ng the base rates the utility shall charge for each deli very year of the 4-year period to be covered by t he plan, which shall be subject to modification only as expressly allowed in this Section. (2) A utility proposing a Multi-Ye ar Rate Plan shall provide a 4-year investment plan and a description of the utility's major plann ed investments, including, at a minimum, all investments of $2,000,000 or greater over the plan period for an electric u tility that serves more than 3,000,000 retail customers in the State or $500,000 for an electric utility that serves less than 3,000,000 retail customers in the State but more t han 500,000 retail customers in the State. The 4-year investme nt plan must be consistent with the Multi-Year Int egrated Grid Plan described in Section 16-105.17 of this Act. The investment plan shall provide sufficiently detailed information, as required by the Commission, i ncluding, at a minimum, a description of each investmen t, the location of the investment, and an explanation of the nee d for and benefit of such an investment to the extent kn own. (3) The Multi-Yea r Rate Plan shall be implemented through a tari ff filed with the Commission consistent with the provisions of this paragraph (3) tha t shall apply to all delivery service customers. The Commission s hall initiate and conduct an investigation of the tariff in a ma nner consistent with the provisions of this paragraph (3) and the provisions of Article IX of this Act, to the e xtent they do not conflict with this paragraph (3). The Mu lti-Year Rate Plan approved by the Commission shall d o the following: (A) Provide for the recovery of the utility's fore casted rate base, based on the 4-year investment plan and t he utility's Integrated Grid Plan. The forecasted rate bas e must include the utility's planned capital investments, with ra tes based on average annual plant investment, and investm ent-related costs, including income tax impacts, depreciation, and ratemaking adjustments and costs t hat are prudently incurred and reasonable in amount consist ent with Commission practice and law. The process used to develop the fo recasts must be iterative, rigorous, and lead to forecasts tha t reasonably represent the utility's investments during the forecasted period and ensure that the investments are pr ojected to be used and useful during the annual inves tment period and least cost, consistent with the provisio ns of Articles VIII and IX of this Act. (B) The cost of equity shall be approved by the Commission consistent with Commission pra ctice and law. (C) The revenue requirement shall reflect the utili ty's actual capital structure for the applicable calendar year. A year-end capital structure that includes a co mmon equity ratio of up to and including 50% of t he total capital structure shall be deemed prude nt and reasonable. A higher common equity ratio m ust be specifically approved by the C ommission. (D) (Blank). (E) Provide for recovery of prude nt and reasonable projected operating expenses, givi ng effect to ratemaking adjustments, consistent wi th Commission practice and law under Article IX of this Act. Operating expenses for years after the fi rst year of the Multi-Year Rate Plan may be esti mated by the use of known and measurable changes, expe nse reductions associated with planned capital investm ents as appropriate, and reasonable and appropriate escalators, indices, or o ther metrics. (F) A mortize the amount of unprotected property-re lated excess accumulated deferred income taxes in rates as of January 1, 2023 over a period ending December 31, 2027, unless otherwise required to amortize the excess deferred income tax pursuant to Se ction 16-108.21 of this Act. (G) Allow recovery of incenti ve compensation expense that is based on the achievem ent of operational metrics, including metrics related to budget controls, outa ge duration and frequency, safety, customer service, efficiency and produc tivity, environmental compliance and attainment of affordabilit y and environmental goals, and other goals and metrics approved by the Commission. Incentive compe nsation expense that is based on net income or an affiliate's earnings per share shall not be recove rable. (H) To the max imum extent practicable, align the 4-year i nvestment plan and annual capital budgets with the electric utility's Multi-Year Inte grated Grid Plan. (4) The Commiss ion shall establish annual rates for each year of t he Multi-Year Rate Plan that accurately reflect and are based only upon the utility's reasonable and pr udent costs of service over the term of the plan, inclu ding the effect of all ratemaking adjustments consis tent with Commission practice and law as determined by the Commiss ion, provided that the costs are not being recovered else where in rates. Tariff riders authorized by the Commission may continue outside of a plan auth orized under this Section to the extent such cos ts are not recovered elsewhere in rates. For the first Multi-Year Rate Plan multi-year rate plan, the burden of proof shall be on the electric util ity to establish the prudence of investments and expend itures and to establish that such investment s consistent with and reasonably necessary to meet the requirements of the utility's first approved Mul ti-Year Integrated Grid Plan described in Section 16-105.17 of this Act. For subsequent Multi-Year Rate Plans, the burden of proof sha ll be on the electric utility to establish the prudence of investments and expenditures and to establish that such inv estments are consistent with and reasonably necessary to meet the requirements of the utility's most recently app roved Multi-Year Integrated Grid Plan describ ed in Section 16-105.17 of this Act. The sole fact t hat a cost differs from that incurred in a prior period o r that an investment is different from that described in t he Multi-Year Integrated Grid Plan shall not imply the imprudence or unreasonableness of that cost or i nvestment. The sole fact that an investment is the same or similar to that described in the Multi-Year Integrated Grid Plan shall not imply prudence and reasonable ness of that investment. (5) To facilitate public transparency, all materials , data, testimony, and schedules shall be provided to th e Commission in an editable, machine-readable el ectronic format including .doc, .docx, .xls, .xlsx, and sim ilar file formats, but not including .pdf or .exif. Should utiliti es designate any materials confidential, they shall have an affirmative duty to explain why the particula r information is marked confidential. In determining pru dence and reasonableness of rates, the Commission sha ll make its determination based upon the record, incl uding each public comment filed or provided orally at open meetings consistent with the Commission's rules and practices. (6) The Commission may, by order, establish terms, conditions, and procedures for submitting and approving a Multi-Year Rate Plan necessary to implement this Section and ensure that rates r emain just and reasonable during the course of the plan, including terms and procedures for rate adjustment.

(7) An electric utility that files a tariff pursuant t o paragraph (3) of this subsection (e) must submit a one-time $300,000 filing fee at the time the Chief Clerk of the Commission accepts the filing, which shall be a recove rable expense. (8) A n electric utility operating under a Multi-Year Rate Plan shall file a new Multi-Year Rate Plan at le ast 300 days prior to the end of the initial Multi-Year Rate Plan unless it elects to file a general rate case pursuant to paragraph (9), and every 4 years the reafter, with a rate-effective date of the propose d tariffs such that, after the Commission suspension period, the rates would take effect immediately at t he close of the final year of the initia l Multi-Year Rate Plan. In subsequent Multi-Y ear Rate Plans, as in the initial plans, utilities and sta keholders may propose additional metrics that achieve the outco mes described in paragraph (2) of subsection (f) of this Section. (9) Election o f Rate Case. (A) On or before the date prescribed by subparagrap h (B) of paragraph (9) of this Section, electric utili ties that serve more than 500,000 retail customers in the State shall file either a general rate case under Section 9-201 of this Act, or a Multi-Year Rate Plan, as set forth in paragraph (1) of this subsection (d). (B) Electric utilities desc ribed in subparagraph (A) of paragraph (9) of this Section shal l file their initial general rate case or Multi-Year Rate Plan, as applicable, with the Commission no later than January 20, 2023. (C) Notwithstanding which rate filing option an elect ric utility elects to file on the date prescribed by subpa ragraph (B) of paragraph (9) of this Section, the electric utility shal l be subject to the Multi-year Integrated Pla n filing requirements. (D) Following its initial rate filing pursuant to p aragraph (2), an electric utility subject to t he requirements of this Section shall thereafter be permitted to elect a different rate filing option consistent w ith any filing intervals established for a general rate case or Multi-Year Rate Plan, as follows: (i) An electric utility that initially elected to file a Mul ti-Year Rate Plan and thereafter elects to transition t o a general rate case may do so upon completion of the 4-year Multi-Year Rate Plan by filing a gene ral rate case at the same time that the utility would have filed its subsequent Multi-Year Rate Plan, as spe cified in paragraph (8) of this subsection (d). Notwit hstanding this election, the annual adj ustment of the final year of the Multi-Year Rate Plan shall proceed as specified in paragraph (6) of subsecti on (f). (ii) An electric utility that initially elec ted to a file general rate case and thereafter elects to transition to a Multi-Year Rate Plan may do so only at the 4-year filing int ervals identified by paragraph (8) of this subsect ion (d). (10) The Commission shall approve tariffs establishing rate design for all delivery service customers unless t he electric utility makes the election specified in Section 16-105.5, in which case the rate design shall be subject to the provisions of that Sectio n. (11) The Commi ssion shall establish requirements for annual perfo rmance evaluation reports to be submitted annually for perfor mance metrics. Such reports shall include, but not b e limited to, a description of the utility's perf ormance under each metric and an identification of any extraordinary events that adversely affected the utility's performance. (12) For the first Multi-Year Rate P lan, the Commission shall consolidate its investigation with the proceeding under Section 16-105.17 to establish the Multi-Year Integrated Grid Plan no later than 45 days a fter plan filing. (13) Where a rate change under a Multi-Year Ra te Plan will result in a rate increase, an elec tric utility may propose a rate ph ase-in plan that the Commission shall approve with or w ithout modification or deny in its final order approving t he new delivery services rates. A proposed rate phase-in plan under this paragraph (13) must allow the new deliver y services rates to be implemented in no more than 2 steps, as f ollows: in the first step, at least 50% of the approved rat e increase must be reflected in rates, and, in the sec ond step, 100% of the rate increase must be reflected in rates. The second step's rates must take effect n o later than 12 months after the first step's r ates were placed into effect. The portion of the approved rate increase not implemented in the first step shall be recorded on the electric utility's books as a regulatory asset, a nd shall accrue carrying costs to ensure that the utilit y does not recover more or less than it otherwise would be cause of the deferral. This portion shall be recovered, with such carrying costs at the weighted average cos t of capital, through a surcharge applied to retail customer bills that (i) begins no later than 12 months after the date on which the second step's rates went into effect and (ii) is applied over a period not to exceed 24 months. Nothing in this paragraph is intended to limit the Commission 's authority to mitigate the impact of rates caused by rate plans , or any other instance on a revenue-neutral basis; n or shall it mitigate a utility's ability to make proposa ls to mitigate the impact of rates. When a deferral, or si milar method, is used to mitigate the impact of rate s, the utility should be allowed to recover carrying co sts. (14) Notwithstand ing the provisions of paragraph Section (13), the Commission may, on it s own initiative, take revenue-neutral measures to r elieve the impact of rate increases on customers. Such initiatives may be taken by the Commission in the first Mul ti-Year Rate Plan, subsequent multi-year plan s, or in other instances described in this Act. (15) Whenever during th e pendency of a Multi-Year Multi-year Rate Plan, an electri c utility subject to this Section becomes aware that, due to circumstances beyond its control, prudent operatin g practices will require the utility to make adjustments to the Multi-Year Rate Plan, the electric utility may file a petition with the Commission requesting modification of the approved annual revenue requirements included i n the Multi-Year Rate Plan. The electric utility m ust support its request with evidence demonstrating why a modification is necessary, due to circumstances beyond the utility 's control, to follow prudent operating practices and must set forth the changes to ea ch annual revenue requirement to be approved, and the basis for any ch anges in anticipated operating expenses or capital investment levels. The utility shall affirmatively address the impact of the changes on the Multi-Year Integrated Grid Pla n and Multi-Year Rate Plan originally submitted and approved by the Commission. Any interested party ma y file an objection to the changes proposed, or offer alternatives to the utility's proposal, as supported by testimony and evidence. After notice and hearing, the Commis sion shall issue a final order regarding the electric ut ility's request no later than 180 days after the filing of the petition. (e) Performance incentive mech anisms. (1) The electric industry is undergoing rapid transformation, inc luding fundamental changes in how electricity is generated, procu red, and delivered and how customers are choosing t o participate in the supply and delivery of electricity to and from the electric grid. Building upon the State 's goals to increase the procurement of electricity from r enewable energy resources, including distributed generation and storage devices, the General Assembly finds that e lectric utilities should make cost-effective invest ments that support moving forward on Illinois' clean en ergy policies. It is therefore in the State's interest for the Commis sion to establish performance incentive mechanisms in ord er to better tie utility revenues to performance and c ustomer benefits, accelerate progress on Illinois energy an d other goals, ensure equity and affordability of rates f or all customers, including low-income custo mers, and hold utilities publicly accountable. (2) The Commission shall approve, based on the substantial evidence proffered in the proceeding initi ated pursuant to this subsection performance metrics that, to the extent practicable and achievable by th e electric utility, encourage cost-effective, equita ble utility achievement of the outcomes described in thi s subsection (e) while ensuring no degradation in the s ignificant performance improvement achieved thro ugh previously established performance metrics. F or each electric utility, the Commission shall approve m etrics designed to achieve incremental improvement s over baseline performance values and targets, over a perfo rmance period of up to 10 years, and no less than 4 years. (A) The Commission shall approve no more than 8 metrics, with at least one m etric from each of the categories below, for each electr ic utility, from items subpa ragraphs (i) through (vi) of this subparagraph subsection (A). Upon a utility request, the Commission may approve the use of a specific, measurable, and achievable trackin g metric described in paragraph (3) of this subsection (e) as a performance metric pursuant to pa ragraph (2) of this subsection (e).

(i) Metrics designed to ensure the utility maintains and improves th e high standards of both overall and locational relia bility and resiliency, and makes improvements in pow er quality, including and particularly in environme ntal justice and equity investment eligible communities. (ii) Peak loa d reductions attributable to demand response programs. (iii) Supplier div ersity expansion, including diverse contractor participation in professional services, subcontracting, and prim e contracting opportunities, development of programs that a ddress the barriers to access, aligning demographics of contractors to the demographics i n the utility's service territory, establish long-term mentoring relationships tha t develop and remove barriers to access for divers e and underserved contractors. The utilities shall pr ovide solutions, resources, and tools to address complex barrier s of entry related to costly and time-intensive cyber security req uirements, increasingly complex information t echnology requirements, insurance barriers, service provider sign-up process barriers, administrative pro cess barriers, and other barriers that inhibit acce ss to RFPs and contracts. For programs with contrac ts over $1,000,000, winning bidders must demon strate a subcontractor development or mentoring relationship with at least one of their diverse subcontracting partners for a cor e component of the scope of the project. The mentoring time and cost shall be taken into account in the creation of RFP and shall include a structured and measured plan by the prime contractor to increase the capabil ities of the subcontractor in their proposed scope. The metric shall include reportin g on all supplier diversity programs by goals, prog ram results, demographics and geography, wi th separate reporting by category of minority-owned , female-owned, veteran-owned, and disability-owned business enterpri se metrics. The report shall include resources and expenses committed to the programs and conversio n rates of new diverse utility contractors.

(iv ) Achieve affordable customer delivery service cost s, with particular emphasis on keeping the bills of low er-income households, households in equity investment eligible communities, and household in e nvironmental justice communities within a manageab le portion of their income and adopting c redit and collection policies that reduce discon nections for these households specifically and f or customers overall to ensure equitable disconne ctions, late fees, or arrearages as a result of u tility credit and collection practices, which may i nclude consideration of impact by zip code. (v) Metrics designed around the utility's timeli ness to customer requests for interconnection in key milestone areas, such as: initial response , supplemental review, and system feasibility study; imp roved average service reliability index for those customers that hav e interconnected a distributed renewable energ y generation device to the utility's distributio n system and are lawfully taking service unde r an applicable tariff; offering a variety of affo rdable rate options, including demand response, time of use rates for delivery and supply, real-time pric ing rates for supply; comprehensive and predictable net metering, and maximizing the benefits of grid modernization and clean energy for ratepayers; and improving customer access to utility system information according to consumer demand and interest. (vi) Metrics designed to measure th e utility's customer service performance, which may include the average length of time to answer a customer's call by a customer service repre sentative, the abandoned call rate and the relati ve ranking of the electric utility, by a reputable third-party organization, in customer s ervice satisfaction when compared to other simila r electric utilities in the Midwest region.

(B) Perfo rmance metrics shall include a description of th e metric, a calculation method, a data collect ion method, annual performance targets, and any incentives or penalties for the utility's achiev ement of, or failure to achieve, their pe rformance targets, provided that the total amount of potential incentives and penalties shall be symmetrical. Incentives shall be rewards or penalties or both, reflected as basis points added to, or subtracted from, the utility's cost of equity. The metrics and incentives shall apply for the entire time period covered by a Multi-Year Rate Plan. The total for all metrics shall be equal to 40 basis points, however, the Commission may adjust the basis po ints upward or downward by up to 20 basis points for any given Multi-Year Rate Plan, as appr opriate, but in no event may the total exceed 6 0 basis points or fall below 20 basis points. (C) Metrics rela ted to reliability shall be implemented to ensu re equitable benefits to environmental justice and equity investment eligible communities, as defined in this Act. (D) The Commission shall approve performance metr ics that are reasonably within control of the utilit y to achieve. The Commission also shall not approv e a metric that is solely expected to have th e effect of reducing the workforce. Performance metrics should measure outcomes and actual, rather than projected, results where possible. Nothing in thi s subparagraph pa ragraph is intended to require that di fferent electric utilities must be subject to the same metrics, goals, or incentives. (E) Increases or enhancements to an e xisting performance goal or target shall be consider ed in light of other metrics, cost-effectivene ss, and other factors the Commission deems appropriate. Perf ormance metrics shall include one year of tracking data collected in a consistent manner, verifiable by an independent evaluator in order to establish a baseli ne and measure outcomes and actual results a gainst projections where possible. (F) For the purpose of determining reasonab le performance metrics and related incentives, the Commis sion shall develop a methodology to calculate net benefits that includes customer and societal costs and benefits and quantifies the effect on delivery r ates. In determining the appropriate level of a perfor mance incentive, the Commission shall consider: the extent to which the amount is likely to encourage the ut ility to achieve the performance target in the least cost manner; the value of benefit s to customers, the grid, public health and safety, and the environment from achievement of the performance target, i ncluding in particular benefits to equity investment elig ible community; the affordability of customer's el ectric bills, including low-income customers, the util ity's revenue requirement, the promotion of renewable and distributed energy, and other such factors t hat the Commission deems appropriate. The considera tion of these factors shall result in an incentive leve l that ensures benefits exceed costs for custome rs. (G) Achievem ent of performance metrics are based on the assumptions th at the utility will adopt or implement the techn ology and equipment, and make the investments to the extent reasonably necessary to achieve the goal. If th e electric utility is unable to meet the performanc e metrics as a result of extraordinary circumstan ces outside of its control, including, but not limited to, government-declared emergencies, then the utility shall be permitted to file a petition with the Commission reque sting that the utility be excused from compl iance with the applicable performance goal or go als and the associated financial incentives and pen alties. The burden of proof shall be on the utility, consistent with Article IX, and the utility's petitio n shall be supported by substantial evidence. The Commission shall, after notice and hearing, enter i ts order approving or denying, in whole or in part, the utility's petition based on the extent to w hich the utility demonstrated that its achievement of the affected metrics and performance goals was hindere d by extraordinary circumstances outside of the utility's con trol. (3) The C ommission shall approve reasonable and appropriate tr acking metrics to collect and monitor data for the purpose of measuring and reporting utility performance and for establishing future performance met rics. These additional tracking metrics shall includ e at least one metric from each of the following categories of performance: (A) Minimize emissions of gree nhouse gases and other air pollutants that harm huma n health, particularly in environmental justice and equity investment eligible communities, t hrough minimizing total emissions by accelerating e lectrification of transportation, buildings , and industries where such electrification results in net reductions, across all fuels and o ver the life of electrification measures, of gree nhouse gases and other pollutants, taking into consideration the fuel mix used to produce electrici ty at the relevant hour and the effect of acceler ating electrification on electricity delivery services rates, supply prices, and peak dem and, provided the revenues the utility receives from accelerating electrification of transpo rtation, buildings, and industries exc eed the costs. (B) Enhance the grid's flexibility to adapt to increased deployment of nondispatchable resources, improv e the ability and performance of the grid on load balancin g, and offer a variety of rate plans to match consumer consumption patterns and lower consumer bills for electricity delivery and supply. (C) Ensure rates re flect cost savings attributable to grid modernizatio n and utilize distributed energy resources that all ow the utility to defer or forgo traditional grid investments that would otherwise be required to provide safe and reliable se rvice. (D) M etrics designed to create and sustain full-time-equivalent jobs and opportunities for all segment s of the population and workforce, including minorit y-owned businesses, women-owned busin esses, veteran-owned businesses, and businesses owned by a person or persons with a disability, and that do not, consistent with State and federal law, discriminate based on race or socioeconomic status as a result of Public Act 10 2-662 this amendatory Act of th e 102nd General Assembly. (E) Maximize and prior itize the allocation of grid planning benefits to env ironmental justice and economically disadvantaged custo mers and communities, such that all metrics provide equitable benefits a cross the utility's service territory and maintain and improve utility customers' access to uninterrupted utility se rvices. (4) The Commission may establish new tracking and performance metrics in future Multi-Year Rate Plans to further measure achievemen t of the outcomes set forth in paragraph (2) of subsect ion (f) of this Section and the other goals and requirements of this Section. (5) The Commission shall also evaluate metrics that were establish ed in prior Multi-Year Rate Plans to determine if th ere has been an unanticipated material change in circu mstances such that adjustments are required to impro ve the likelihood of the outcomes described in paragraph (2) o f subsection (f). For metrics that were established in prior Multi-Year Ra te Plan proceedings and that the Commission elects to contin ue, the design of these metrics, including the goals of trackin g metrics and the targets and incentive levels and structures of performance metrics, may be adjusted pursuant to the requirements in this Section. Th e Commission may also change, adjust, or phase out tracking and performance metrics that were established in prior Multi-Year Rat e Plan proceedings if these metrics no longer meet the r equirements of this Section or if they are rendered obsolete by the changing needs and technology of an evolving grid. Additionally, performance metrics that no longer requir e an incentive to create improved utility performance may become tracking m etrics in a Multi-Year Rate Plan proceeding. (6) The Commission shall init iate a workshop process no later than August 1, 2021, or 15 days after September 15, 2021 (the effective date of Public Act 102-662) this amendatory Act of the 102nd G eneral Assembly, whichever is later, for the purpos e of facilitating the development of metrics for each utility. The workshop shall be coordinated by the staff of the Commission, or a facilitator retained by staff, and shall be organized and facilitated in a manner t hat encourages representation from diverse stakeholder s and ensures equitable opportunities for participation, without requirin g formal intervention or representation by an attorney. Worki ng with staff of the Commission the facilitator may c onduct a combination of workshops specific to a utili ty or applicable to multiple utilities where content and stakeholders are substantially similar. The workshop process shall conclude no later than October 31, 2021. Following the workshop, the staff of the Commission, or the f acilitator retained by the Staff, shall prepare and submit a report to the Commission that identifies the part icipants in the process, the metrics proposed during the process, any material issues that remained unresolved at the conclusions of such process, and any recommendations for workshop process improvements. Any workshop participant may file co mments and reply comments in response to the Staff report.

(A) No later than January, 20, 2022, each electric util ity that intends to file a petition pursuant to subsection (b) of this Section shall file a petition with the Com mission seeking approval of its performance metr ics, which shall include for each metric, at a minimum, (i ) a detailed description, (ii) the calculation of the b aseline, (iii) the performance period and overall performan ce goal, provided that the performance period shal l not commence prior to January 1, 2024, (iv) each annual performance goal, (v) the performance adjustme nt, which shall be a symmetrical basis point increase o r decrease to the utility's cost of equity based on the extent to which the utility achieved the annual performan ce goal, and (vi) the new or modified tariff mechanism that will apply the performance adjustments. The Commiss ion shall issue its order approving, or approving with mod ification, the utility's proposed performanc e metrics no later than September 30, 2022. (B) No later than August 1, 2025, the Commission shall initiate a workshop process that co nforms to the workshop purpose and requirements of this paragra ph (6) of this Section to the extent they do not con flict. The workshop process shall conclude no later t han October 31, 2025, and the staff of the C ommission, or the facilitator retained by the Staf f, shall prepare and submit a report consistent with th e requirements described in this paragraph (6) of this Section. No later than January 20, 2026, each electric utility subject to the requirements of this Section sha ll file a petition the reflects, and is consistent w ith, the components required in this paragraph (6) of this Section, and the Commission shall issue its order approving, or approving with modification, the uti lity's proposed performance metrics no later than Septe mber 30, 2026. (f) On May 1 of each year, following the approval of the first Multi -Year Rate Plan and its initial year, the Commi ssion shall open an annual performance evaluation pr oceeding to evaluate the utilities' performance on the ir metric targets during the year just completed, as well as the appropriate Annual Adjustment as defined in paragra ph (6). The Commission shall determine the performan ce and annual adjustments to be applied through a surcha rge in the following calendar year. (1) On February 15 of each year, prior to the annual performance evaluation proceeding , each utility shall file a performance evaluation re port with the Commission that includes a description of and all data supporting how the utility perform ed under each performance metric and an identification of any extraordinary events that adversely impacted t he utility's performance. (2) The metrics approved under this Sec tion are based on the assumptions that the util ity may fully implement the technology and equipment, and make the investments, required to achieve the metrics and performance goals. If the utilit y is unable to meet the metrics and performance goals becau se it was hindered by unanticipated technology or equip ment implementation delays, government-declared emerg encies, or other investment impediments, then the utility shal l be permitted to file a petition with the Commission on or bef ore the date that its report is due pursuant to paragr aph (1) of this subsection (f) requesting that the utility be e xcused from compliance with the applicable p erformance goal or goals. The burden of proof shall be on t he utility, consistent with Article IX, and the utility's p etition shall be supported by substantial evidence. No la ter than 90 days after the utility files its petition, the Commission shall, after notice and hearing, enter its order approving or denying, in whole or in part, the utili ty's petition based on the extent to which the utility demonstrat ed that its achievement of the affected metrics and performa nce goals was hindered by unanticipated technology or eq uipment implementation delays, or other investment imped iments, that were reasonably outside of the utility's cont rol. (3) The electric u tility shall provide for an annual independent evaluation of its performance on metrics. The independent evaluator shall review the utility's assumptions, baselines, targets, calculation methodologies, and other relevant informati on, especially ensuring that the utility's data for esta blishing baselines matches actual performance, an d shall provide a report to the Commission in each annu al performance evaluation describing the results. The inde pendent evaluator shall present this report as evidence as a nonparty participant and shall not be represented by the utility's legal counsel. The independent evalua tor shall be hired through a competitive bidding process with approval of the contract by the Commission. The Commission shall consider the report of the independent evaluator in determi ning the utility's achievement of performance targets. Dis crepancies between the utility's assumptions, baseline s, targets, or calculations and those of the independent evaluator shall be closely scrutinized by the Commission. If the Commission finds t hat the utility's reported data for any metric or metrics s ignificantly and incorrectly deviates from the data report ed by the independent evaluator, then the Commiss ion shall order the utility to revise its dat a collection and calculation process within 60 days, with specifications where appropriate. (4) The Commission shall, after notice and hearing in the annual performance evaluation pro ceeding, enter an order approving the utility's per formance adjustment based on its achievement of or fa ilure to achieve its performance targets no later than De cember 20 each year. The Commission-approved penalt ies or incentives shall be applied beginning with th e next calendar year. (5) In order to promote the transparency of utility investments during the effective period of a multi-year rate pl an, inform the Commission's investigation and adjustment o f rates in the annual adjustment process, and to f acilitate the participation of stakeholders in the annual adjustment process, an electric utility with an e ffective Multi-Year Rate Plan shall, within 90 days of the close of each quarter during the Multi-Year Rate Plan period, submit to the Commission a report that s ummarizes the additions to utility plant that were placed into service during the prior quarter, which for purpose s of the report shall be the most recently closed fiscal quarte r. The report shall also summarize the utility plant the ele ctric utility projects it will place into service throu gh the end of the calendar year in which the report is file d. The projections, estimates, plans, and forwar d-looking information that are provided in the repo rts pursuant to this paragraph (5) are for planning purposes an d are intended to be illustrative of the investments that the utility propos es to make as of the time of submittal. Nothing in this pa ragraph (5) precludes, or is intended to limit, a utility's ab ility to modify and update its projections, estimates , plans, and forward-looking information previously submitted in order to reflect stakeholder input or othe r new or updated information and analysis, including, b ut not limited to, changes in specific investment needs, custo mer electric use patterns, customer applications and preferences , and commercially available equipment and technologies, h owever the utility shall explain any changes or devia tions between the projected investments from the quarter ly reports and actual investments in the annual repo rt. The reports submitted pursuant to this subsection are i ntended to be flexible planning tools, and are expected t o evolve as new information becomes available. Within 7 days of receiving a quarterly report, the Commissi on shall timely make such report available to the public by posting it on the Commission's website. Each quarterly report shall include the following detail: (A) The total dollar val ue of the additions to utility plant placed in se rvice during the prior quarter; (B) A list of the major investment categori es the electric utility used to manage its routine standing oper ational activities during the prior quarter including the total dollar amount for the work reflected in each i nvestment category in which utility plant in service is equal to or greater than $2,000,000 for an electric utili ty that serves more than 3,000,000 customers in the State o r $500,000 for an electric utility that serves less than 3,000,000 customers but more than 500,000 custom ers in the State as of the last day of the quarterly repo rting period, as well as a summary description of each inve stment category;

(C) A list of the projects which the electric utility h as identified by a unique investment tracking number for u tility plant placed in service during the prior quarter fo r utility plant placed in service with a total dollar value as of the last day of the quarterly reporting period that is equal to or greater than $2,000,000 for an electric utility that serves more than 3,000,000 customer s in the State or $500,000 for an elec tric utility that serves less than 3,000,000 retail customers but more than $500,000 retail customers in the State, as well as a summary of each project; (D) The estimat ed total dollar value of the additions to utility plant projected to be placed in service through th e end of the calendar year in which the report is fi led; (E) A li st of the major investment categories the electric u tility used to manage its routine standing operational activities with utility plant projected to be placed i n service through the end of the calendar year in wh ich the report is filed, including the total dollar amount for the work reflected in each investm ent category in which utility plant in service is proje cted to be equal to or greater than $2,000,000 for an electric utility that serves more than 3,000,000 custom ers in the State or $500,000 for an electric ut ility that serves less than 3,000,000 retail customers but more than 500,000 retail customers in the State, as well as a summary description of each investment ca tegory; and (F) A list of the projects for which the el ectric utility has identified by a unique investment tr acking number for utility plant projected t o be placed in service through the end of the calendar y ear in which the report is filed with an estimated do llar value that is equal to or greater than $2,000,000 for an electric utility that serves more than 3,0 00,000 customers in the State or $500,000 for an electric util ity that serves less than 3,000,000 retails customers but more than $500,000 retail customers in the State, as well as a summary description of each project. (6) As part of the Annu al Performance Adjustment, the electric utili ty shall submit evidence sufficient to support a deter mination of its actual revenue requirement for the appl icable calendar year, consistent with the prov isions of paragraphs (d) and (f) of this subsection. The electric utility shall bear the burden of de monstrating that its costs were prudent and re asonable, subject to the provisions of paragr aph (4) of this subsection (f). The Commission's review of the electric ut ility's annual adjustment shall be based on the same evidentia ry standards, including, but not limited to, those conc erning the prudence and reasonableness of the known and measurable costs forecasted to be incurred by the utility, and the used and usefulness of the actual plant investment pursuant to Section 9-211 o f this Act, that the Commission applies in a proc eeding to review a filing for changes in rates purs uant to Section 9-201 of this Act. The Com mission shall determine the prudence and reasonablene ss of the actual costs incurred by the utility durin g the applicable calendar year, as wel l as determine the original cost of plant in service as of t he end of the applicable calendar year. The Commissio n shall then determine the Annual Adjustment, which shall mean the amount by which, the electric utility's actua l revenue requirement for the applicable year of the Mult i-Year Rate Plan either exceeded, or was exceeded by, the revenue requirement approved by the Comm ission for such calendar year, plus carrying costs calculated at the weighted average cost of capital appro ved for the Multi-Year Rate Plan. The Commission's determination of the electric utility's actual revenue requirement for th e applicable calendar year shall be based on: (A) the Commission-approved used and useful, prudent and reasonable actual costs for the applicable calendar year, which shall be determ ined pursuant to the following criteria: (i) the The overall level of actual costs incurr ed during the calendar year, provided that the Commission may not allow recovery of actual costs that are more than 1 05% of the approved revenue requirement calculated a s provided in item (ii) of this subparagraph (A), exce pt to the extent the Commission approves a modification of the Multi-Year Rate Plan to permit such recovery; . (ii) the The calculation of 105% of the revenue requirement required by this subparagraph (A) sh all exclude the revenue requirement impacts of the following volatile and fluctuating va riables that occurred during the year: (i) storms and we ather-related events for which the utility provides suff icient evidence to demonstrate that such expenses were not fore seeable and not in control of the utility; (ii) new bus iness; (iii) changes in interest rates; (iv) changes in taxes; (v) facility relocations; (vi) changes in p ension or post-retirement benefits costs due to fluctuations in interest rates, market returns or actuarial assumptions; (vii) amortization expense s related to costs; and (viii) changes in the ti ming of when an expenditure or investment is m ade such that it is accelerated to occur during the applicable year or deferred to occur in a su bsequent year; . (B) the year-end rate base; (C) the cost of equity approved in the multi-year rate plan; and (D) the electric utility's actual year-end capital structure, provided that the common equity ratio in such capital structure may not exceed the common equity ratio that was approved by the Commission in the Multi-Year Rat e Plan. (2) The Commission's determinations o f the prudence and reasonableness of the costs incurred for the applicable year, and of the original cost of plant in service as of the end of the applicable calendar year, sh all be final upon entry of the Commission's order and sha ll not be subject to collateral attack in any o ther Commission proceeding, case, docket, order, rule, or regulation; however, nothing in this Secti on shall prohibit a party from petitioning the Com mission to rehear or appeal to the courts the order pursuant to the provisions of this Act. (g) During the period leading to approval of the first Mul ti-Year Integrated Grid Plan, each electric utility will necessarily continue to invest in its distribution grid. Those investments will be subject to a determination of prudence an d reasonableness consistent with Commission practice and law. Any fai lure to conform to the Multi-Year Integrated G rid Plan ultimately approved shall not imply impr udence or unreasonableness. (h) Af ter calculating the Performance Adjustment and Annual Adjustm ent, the Commission shall order the electric utility to co llect the amount in excess of the revenue require ment from customers, or issue a refund to customers, a s applicable, to be applied through a surcharge beginni ng with the next calendar year. Electr ic utilities subject to the requirements of this Sectio n shall be permitted to file new or revised tariffs t o comply with the provisions of, and Commission ord ers entered pursuant to, this Section.(Sourc e: P.A. 102-662, eff. 9-15-21; r evised 7-19-24.) Section 810. The Illinois Underground Utility Facilities Damage Pr evention Act is amended by changing Sections 2, 4.1, 10, and 12 as follows: (220 ILCS 50/2) (from Ch. 111 2/3, par. 1602) Sec. 2. Definitions. As used in this Act, unless the context clea rly otherwise requires, the terms specified in this Sec tion have the meanings ascribed to them in this Section.

"Approximate location" means the location of the marked facility that lies entirely within the tolerance zone. Circumstances th at are "beyond the reasonable control" of a party include, bu t are not limited to, severe weather, unforeseen mechanical i ssues, or site conditions. As used in Sec tion 11, "beyond the reasonable control" also includes, but is not limited to, notice volumes or dig site notification areas that exceed historical averages, as determined by the reasonable control measurement, created as a result of underground utility facility owners or operators or their contractors or subcontractors' non-em ergency requests for utility excavation work for underground utility facility owners or operators, that i s not part of a large project that has provided at least 60 days' days notice, and only applies to the requests submitted by underground utility facility owners or operators o r their contractors or subcontractors' non-emergency utility excavation work for underground utility facility owners or operators. "Damage" means the contact or dislocation o f a facility during excavation or demolition that necessitates immediate o r subsequent repair by the underground utility facility ow ner or operator due to any partial or complete destructio n of the facility, including, but not limited to, the protect ive coating, tracer wire, lateral support, cathodic protection, or housing for the line or device of the facility.

"Damage notification" means a notification throu gh JULIE to the underground utility facility owner or o perator that damage to a facility has occurred in the area of the excavation or demolition. "Day" means any day, beginning at 12:00 a.m. and ending at 11:59 p.m . "Day" does not include holidays recognized by JULIE, Saturda ys, Sundays, and the day of the actual notice. "Demolition" means the wrecking, razing, r ending, moving, or removing of a structure by means of any pow er tool, power equipment (exclusive of transportation equipment), or explosives. "Emergency request" m eans a request involving a condition (1) that co nstitutes an imminent danger to life, health, or propert y or a utility service outage (2) and that requires repair or a ction before the expiration of 2 days. "Exca vation" means: (1) any o peration in which earth, rock, or other material in or o n the ground is moved, removed, or otherwise displaced by means of any tools, power equipment or explosives, and includes, without limitation, grading, trenching, digging, ditching, drill ing, augering, boring, tunneling, scraping, cable or pipe p lowing, saw cutting or roadway surface milling when penetrating into the base or subbase of a pave d surface, and driving, but does not include: (A) farm tillage operations; (B) railroad right-of-way m aintenance; (C) c oal mining operations regulated under the federal Surface Min ing Control and Reclamation Act of 1977 or any State l aw or rules or regulations adop ted under the federal statute; (D) land surveying operations as defined in th e Illinois Professional Land Surveyor Act of 1989 when not using power equipment; (E) r oadway surface milling; (F) manually inserting, without the use of power equipment, a temporary round-tipped ground or probe rod as part of facility locating; (G) manually inserting, w ithout the use of power equipment, a temporary round-tipped probe rod for bar holing to determine the area of a potential leak from a facility transporting hazardous gas es or liquids; or (H) manually inserting, without t he use of power equipment, a round-tipped ground rod for the pur pose of grounding utility equipment when an emergency exists and no other ground source is a vailable. (2) An exclusi on to this Section in no way prohibits a request from being made for the marking of facilities. (3) Any exception to excavation c ontained within this Section is not intended to remove liabi lity that may be imposed against an individual or ent ity because of damage caused to a facility. "Excavator" means any person or legal entity, public or private , that engages in excavation or demolition work.

"Exposed notification" means a notification through JULIE to the underground utility facility owner or operator tha t an unmarked facility has been exposed in the area of the ex cavation or demolition but has not been damaged. "Extension" means a request made by an excavator, to extend the expiration date of a normal notice to allow additional time to cont inue or complete the excavation or demolition project.

(1) An extension request may b e made no earlier than the 20th day from the init ial normal notice request or latest extension request. (2) An extension request shall extend the expira tion of the initial normal notice request or latest extension request by 25 days. (3) An extension request ma y not be made simply to keep a prior notice open without continued excavation occurring within the period of that subsequent notice. "Geo graphic information system data" means data to be applie d to JULIE software to facilitate a more clearly defined notification area for notices sent to the system underground utility facili ty owners or operators. "Geographic information system data" i ncludes, but is not limited to: (1) address points with site addresses; (2) parcels with site addresses; (3) road center lines with names and address range; (4) city limits with names; (5) political townships with names; (6) railroads with na mes; (7) streams wit h names; and (8) water b odies with names. "Historical averages" are used to determine benchmark notice volumes o r dig site notification areas for a particular place. The notice volume is calculated for new and updated reque sts requiring an underground utility facility owner or operator response. It shall not include notices with a header of no show noshow, incomplete , or no re-mark noremark . The dig site notification area is calculated us ing the dig site polygon on the notice. The 7-day 7 day look back shall be calculated once daily at the conclusion of the previous calendar day. "Historic averages" sha ll be determined by comparing notice volumes or dig site notification areas over the im mediate past 7 calendar days to the same 7 calendar day period for the past 5 years. A 5-year trimmed mean, removing the highest and lowest years, and averaging the remaining 3 years, shall be the final determinant determ inate of this measurement. The official measurement of the notice volumes or dig site notifica tion areas shall be provided by JULIE. "Inco mplete request" means a notice initiated by an excavator th rough JULIE to the underground utility facility owners or op erators notified in a prior request that such underground util ity facility owners or operators, as identified by the excavator and confirmed, through the positive response system once implemented, in accordance with sub section (a) of Section 5.1, did not completely mark the entire extent or the entire segment of the proposed excavation, as identified on the prior notice or as prev iously documented and mutually agreed upon.

"Joint meet notification" means a notice of a meeti ng held prior to the excavation phase to discuss projects tha t cannot be adequately communicated within a normal notice req uest. The meeting is intended to allow the exchange of maps, plans, or schedules. It is not a locating session and shall be hel d at or near the excavation site, or through electronic means, if available and agreed to by all parti es. "Joint meet notification" are not to be used in lieu of val id normal notice requests and are required for, but not limited to, large p rojects. "JULIE, Inc." or "JULIE" means the communication system known as "JULIE, Inc." or "JU LIE", utilized by excavators, designers, or any other enti ties covered by this Act to notify underground utilit y facility owners or operators of their intent to perfo rm excavation or demolition or similar work as defined by this Act and shall include all underground utility facilities o wned or operated outside the city limits of the City of Chicago. "Large project" means a single e xcavation that exceeds the expiration date of a normal notice request, or involves a series of repetitive, related -scope excavations. "Normal notice req uest" means a notification made by an excavator, through JULIE, in advance of a planned excavation or demolition. (1) The notification shall be made at l east 2 days, but no more than 10 days, before beginning th e planned excavation or demolition. (2) Excavation or demolition on a normal noti ce request is valid for 25 days from the date of the init ial request unless a subsequ ent extension request is made. (3) Normal notice requests shall be limited to on e quarter of a contiguous mile within a municipality and one co ntiguous mile within any unincorporated area, which includ es townships. (4) Normal no tice requests are valid for a single right-of-way with an exception for intersecting rights-of-way of 250 feet in all directions. Any excavation continuing beyond 250 feet on a connecting righ t-of-way shall require an additional request. "No show request" means a notice initiated by an excava tor through JULIE to the underground utility facility ow ners or operators notified in the prior notice that such unde rground utility facility owners or operators , as identified by the excavator and confirmed, once imple mented, in accordance with subsection (a) of Section 5. 1, either failed to mark their facilities or to communi cate their non-involvement with the excavation p rior to the dig start date and time on the notice. "Notice" means any record transmitted to an underground utility facility owner or operator of JULIE which shall include, but not b e limited to, cancel, damage, emergency, exposed, extension , incomplete, joint meet, no show, normal, planning de sign, or re-mark. "Open c ut utility locate" means a method of locating facilities that requires excavation by the underground utility facilit y owner or operator, or their contractor or subcontractor. "Place" means any incorporated city, v illage or town, or unincorporated township or road district, listed within the J ULIE database. "Planning design request" means the process prior to the excavation phase of a project where information is gathered and decisions are made regardi ng the route or location of a proposed excavation. The use of the information that is obtainable pursuant to this Section is intended to minimize delays of future construction proj ects and not for imminent excavation. The underground utility faci lity owner or operator may indicate any portion of the information that is propri etary and require the planner or designer to protect the proprietary information. "Positive re sponse system" means an automated system facilitated by JUL IE allowing underground utility facility owners or operators to communicate to an excavator the presence, absence, or response status of any conflict between the exist ing facilities in or near the area of excavation or demolition on each notice received. "Pre-mark" means the use of white p aint, chalk, lathe, whiskers, flags, or electronic white lining using lines or polygons to delineate the work area at the site of the proposed excavati on or demolition. Unless otherwise stated on the request, all pre-marks are considered a request for a 5- foot radius of an above ground fixed structure or single poi nt pre-mark, or a 10-foot-wide path fo r linear work. (1) Physic al pre-marking for the area of the planned excavation or demolition shall be accomplished prior to notifying JULIE if the area of excavation cannot be clearly and adequa tely identified in the normal notice request. (2) Electronic white lini ng may be used when available. Electronic white linin g provides an alternative method where an excavator may ind icate their defined dig area visually by electronic dat a entry, including lines or polygons, without the need for a p hysical site visit. The technology allows the excavator to id entify for the underground utility facility owner or o perator a clear delineation of their proposed excavation area . (3) A verbal or writte n pre-mark is adequate when the scope requested to be mark ed is narrow and explicit enough to prevent marking beyon d the actual area of excavation or demolition. An existing above ground f ixed structure may be referenced as a verbal or written pr e-mark. "Project owner" means the person or legal entity, public or priva te, that is financially responsible for the undertaking of a proj ect that involves excavation or demolition.

"Reasonable control measurement" shall use the historical averages and add to the calculation either of the following conditions that shall be met for the place to be considered beyond the r easonable control of the underground utility facility owner or operator: (1) the total notice volume count over the previous 7 calendar days shall increase by more than 15% of the historic average, and increase by not less than 25 additional notices over the previous 7 calendar days; or (2) the total dig site notification area over the previous 7 calendar days shall increase by more than 15% of the historic a verage, and not less than 0.4 additional square miles over the previous 7 calendar days. The officia l measurement shall be provided by JULIE. "Residential property owner" means any individual or entity that own s or leases real property that is used by the individual or entity as its residence or dwelling. Residential property owner does not include any persons who own o r lease residential property f or the purpose of holding or developing such property or f or any other business or commercial purposes. "Roadway surface milling" means the removal of a uniform pavement section by rotomilling, grinding, saw cutting, or other means that does not penetrate into the roadway b ase or subbase. "Service lateral" means un derground facilities located in a public right- of-way or utility easement that connects an e nd user's building or property to an underground utility facility owner's or operator' s facility. "Submerged" means any faci lity installed below the surface of a lake, river, or nav igable waterway. "Tolerance zone" means:

(1) if the diameter of the und erground utility facility is indicated, the distance of one-half of the known diameter plus one and one-half fee t on either side of the designated center line of the undergr ound utility facility marking; (2) if the diameter of the underground utility facility is not indicated, one and one-half feet on either side of the outside edge of the underground utility facility m arking; or (3) if submerged, a distance of 30 feet on either side of the indicated facility. The underground utility facility markings provided shall not indicate that the width of the marked underground utility facility is any greater than the actual width of the underground utility facility o r 2 inches, whichever is greater. The tolerance zone shall also apply to visible utility structures, including, b ut not limited to, poles with overhead to underground trans itions, pedestals, transformers, meters, hydrants, and valv e boxes. There shall be a one and one-half foot tolerance zone horizontally around such facilities. "Underground utility facility" or "facility " means and includes wires, ducts, fiber optic cable, conduits, pipes, sewers, and cables and their connected appurtenan ces installed or existing beneath the surface o f the ground or submerged and either owned, operated, or controlled by: (1) a publi c utility as defined in the Public Utilities Act; (2) a municipally owned or mutually owned utility providing a similar utility service; (3) a pipeli ne entity transporting gases, crude oil, petroleum produc ts, or other hydrocarbon materials within the St ate; (4) a telecom munications carrier as defined in the Universal Teleph one Service Protection Law of 1985, or by a company des cribed in Section 1 of the Telephone Company Act; (5) a community antenna television system, as defined in the Illinois Municipal Code or the Counties Code; (6) a holder or broadband service, as those terms are defined in the Cable and Video Competition Law of 2007; (7) any other entity owning or operati ng underground facilities that transport or generate electrical power to other utility owners or operators; (8) an electric cooperative as defined in the Public U tilities Act; and (9) any other active member of JULIE. (Source: P.A. 103-614, eff. 1-1-25; revised 11-22-24.)

(220 ILCS 50/4.1) Sec. 4.1. Watch and pro tect. (a) If, u pon notice from JULIE, an underground utility facility own er or operator determines that the facility is within the proposed excavation area and the u nderground utility facility owner or operator desires to hav e an authorized representative present during excavation near the facility, the un derground utility facility owner or operator shall contact t he excavator prior to the dig start date and time provided on the notice to schedule a date and time for the underground utility facility owner or operator to be present when excavation will occur near the facility. (b) All excavators shall comply with the underground utility facility owner's or operator's request to be present during excavation near an a owner or ope rator's facilities. In lieu of having an authorized representative present, the underground utility facility owner or operator may choose to perform an open cut utility locate of the facility to expose its location. T he underground utility facility owner or operator shall comply with the excavator's schedule for whe n excavation will occur near the facility.

(c) After excavation has started, if excavation near the underground utility facilities stops by more than on e day and then recommences, the excavator shall establ ish direct contact with the underground utility facility owne r or operator not less than one day prior to the excavation, each time the excavation is to occur, to advise the undergro und utility facility owner or operator of the excavation taking place. (d) Nothing in this Section shall pr ohibit an excavator from excavating prudently and carefully near the underground utility facility without the undergr ound utility facility owner or operator present if the underg round utility facility owner or operator waives the request to be present or to complete an open cut utilit y locate exposing the facility or is unable to comply wit h the excavator's schedule.(Source: P.A. 103-614, eff. 1-1-25; revised 12-1-2 4.) (220 ILCS 50/10) (from Ch. 111 2/3, pa

r. 1610) Se c. 10. Record of notice; mar king of facilities. (a) Upon notice by the excavator, the underground utility faci lity owners or operators in or near the excavation or demoli tion area shall cause a record to be made of the notice a nd shall mark, by the dig start date and time indicated on the notice, the approximate locations of such facilities so as to enable the excavator to establish the location of the facilities.

For submerged facilities, when the owner o r operator of the submerged facilities determines that a p roposed excavation or demolition which could include anchoring , pile driving, dredging, or any other water bottom conta ct for any means performed is in proximity to or in conflict with, submerged facilities located under a lake, river, or naviga ble waterway, the owner or operator of the submerged facilities shall identify the estimated horizontal route of the submerged facilities, within 15 days or by a date and time mutually agreed to, using marking buoys, other suitable devices, or GPS locati on data unless directed otherwise by an agency having jurisdiction over the waters under which the submerged facilities ar e located. (b) Underground utility faci lity owners or operators of sewer facilities shall be requ ired to respond and mark the approximate location of those sew er facilities when the excavator indicates, in the notice requir ed in Section 4, that the excavation or demolition project wil l exceed a depth of 7 feet. "Depth", in this case, is defined as the distance measure d vertically from the surface of the ground to the top o f the sewer facility. (c) Underground utilit y facility owners or operators of sewer facilities shall be required at all times to mark the approximate location of those sewer facilities when:

(1) directional boring is the indicated type of excavatio n work being performed within the notice; (2) the sewer facilities owned are non-gravity, pressurized force mains; or (3) the excavation indicated will occu r in the immediate proximity of known sewer facilities that are less than 7 feet deep. (d) Under ground utility facility owners or operators of sewer facilities shall not hold an excavator liable for damages that occur to sewer facilities that were not re quired to be marked under this Section, provided that pr ompt notice of known damage is made to JULIE and the undergroun d utility facility owners or operators as required in Section 7. (e) All entities subject to the req uirements of this Act shall plan and conduct their work consis tent with reasonable business practices. (1) Conditions may ex ist making it unreasonable to request that locations be mark ed by the dig start date and time indicated on the notice. (A) In such situations, the excavator and the underground utility facility owner or operator shall interact in good fa ith to establish a mutually agreeable date and time for the completion of the request. (B) All mutually agreed upon modifications to the dig start date and time shall be fully documente d by the underground utility facility owne r or operator and include, at a minimum, the date and ti me of the interaction, the names of the individuals invo lved, and acknowledgment by the individuals that agreed to the modification and the new dig start date and time that was mu tually agreed upon by both parties. The underground utility f acility owner or operator shall retain through JULIE, Inc., the documenta tion for at least 5 years after the date of the expiratio n of the notice. (2) It i s unreasonable to request underground utility faci lity owners or operators to mark all of their facilities in an affected area upon short notice in advance of a large nonemergency project.

(3) It is unreasonable to request extensive notices in exc ess of a reasonable excavation or demolition work sch edule. (4) It is unreasonable to request notices under condit ions where a repeat request is likely to be made because of the passage of time or adverse job condi tions. (5) During periods where the notice volumes or dig site notificat ion areas exceed the historical averages as dete rmined by the reasonable control measurements for th e place, only those additional non-emergency re quests that are not part of a large project, when tha t large project has been submitted at least 60 days in advance of the start of the large project by unde rground utility facility owners or operators or their contractors or subcontractors for excavation work for the underground utility facility owne rs or operators within the place, may be subject to a reques t from the underground utility facility owner or o perator or the owner or operator's locate contractor s or subcontractors for an additional wait time of up to 2 days for the underground utility facility owner or operator, whether util izing in-house or contract locators, to respond to locate and mark, or provide a no con flict response. It is the responsibility of the reques ting underground utility facility owner or operator to document any modification as outlined in paragraph (1) of subsection (e) of Section 10.

(f) Underground utility facility owner s or operators, whether utilizing in-house or contra ct locators, and the owner or operator's locate contractor s or subcontractors must reasonably anticipate seasonal fluctua tions in the number of notices and staff accordingly. Seasonal fluctuations shall not be considered within the reasonable control of underground utility facility owners or operators and the owner or operator's l ocate contractors or subcontractors within a place or pla ces, when the notice volumes exceed the historical average s as determined by the reasonable control measurement, for non-emergency requests for utility excavation wo rk for underground utility facility owners or operators, th at is not part of a large project that has provided at l east a 60-day 60 day advance notice. Only u tility excavators when doing utility work may be impa cted by this subsection and may incur an additional wait ti me of up to 2 days. (g) If an underground utility facility owner or operator re ceives a notice under this Section but does not own or operate any facilities within the proposed excavation or demolition area described in the notice, that underground utility f acility owner or operator, by the dig start date and time on the notice, shall so notify the excavator who ini tiated the notice in accordance with Section 5.1, and pri or to January 1, 2026, may be provided in any reasonable mann er including, but not limited to, notification in any one of the following ways:

(1) by face-to-face communication; (2) by phone or phone message; (3) by facsimile or email; (4) by posting in the excavation or demolition area; or (5) by marking the excavation or demolition area. (h) The underground utility facility owner or opera tor has discharged the underground utility facility owner's o r operator's obligation to provide notice under this Section if the underground utility facility o wner or operator attempts to provide notice utilizing the positive response system, in accordance with Section 5.1 , and prior to January 1, 2026, by: (1) telephone, but is unable to do so because th e excavator does not answer the telephone and does not have the ability to receive telephone messages; (2) facsimile, if the excavator has sup plied a facsimile number and does not have a facsimile machine in operation to receive the facsimile transmi ssion; or (3) email, if the excavator has suppl ied an email address and the message is electronically undeliverabl e. If the underground utility facility owner or operator attempts to provide additional notice by telep hone or by facsimile but receives a busy signal, that attempt shall not serve to discharge the underground u tility facility owner or operator of the obligation to prov ide notice under this Section. (i) An y excavator or legal entity, public or private, who, on or aft er January 1, 2026, installs a nonconductive service lateral sh all ensure that the installation is locatable by electroma gnetic means or other equally effective means for marking the location of the service lateral . This subsection does not apply to minor repairs to, or partial replacements of, service laterals installed prior to January 1, 2026. (j) For the purposes of this Act, the following color coding shall be used to mark the approximate location of facilities by the underground uti lity facility owners or operators who may utilize a combination of flags, lathe wi th colored ribbon, chalk, whiskers, or paint as dig site and seasonal conditions warrant.

UndMunicipal Electric Gas Distribution and TrSafetSafet sed 11-22-24.) (220 ILCS 50/12) (from

Ch. 111 2/3, par. 1612) Sec. 12. Noncompliance and enforcement action time frames. No action may be brought by the Illinois Commerce Commission under Section 11 of this Act unless commenced within 2 years after the date of the alleged violation of this Act. Beginning January 1, 2025, all parties submitting alleged viola tions to the Illinois Commerce Commission shall use the forms provided and shall submit no later than 65 days after the discovery of the alleged violation. Any report of an alleged violation received later than 65 days after the discovery of the alleged violation shall be subject to a penalty a s provided for in Section 11. Beginning January 1, 2025, the Illinois Commerce Commission shall provide notice of investigation to the parties involved in the alleged violatio n report within 20 days after the receipt of the alleged violation report. Once a notice of investigation has been sent fo r all alleged violations reported on or after January 1, 2025, no further action may be brought by the Illinois Com merce Commission under Section 11 unless the notice of violation has been provided by the Illinois Commerce Com mission staff to the entity determined to be in violation wit hin 195 days after the date of the notice of investigation. F or alleged violations that involve utility damage, personal injury or d eath, or property damage, an additional 130 days shall be allowed for the Illinois Commerce Commission staff to determi ne if the alleged entity was in violation. Beg inning July 1, 2025, the Illinois Commerce Commission shall p rovide for public review a monthly report listing all of the reports of alleged violations it received in the prior month. The listing shall be available by the e nd of the violations report. The listing shall be available by the end of the second f ull week for all reports from the previous month. The listi ng shall, at a minimum, include: (1) the name of the party submitting the alleged violation; (2) the name of the party and the name of the project owner that is alleged to be in violation ; (3) the date the alleged violation report is submitte d; and (4) the Section or Sections of the Act applicable to the submitted alleged violation. JULIE, Inc., ma y submit reports to the Illinois Commerce Commission for allege d violations of Section 5.1.(Source: P.A. 103 -614, eff. 1-1-25; revised 11-22-24.) Section 815. The Child Care Ac t of 1969 is amended by changing Sections 2.09, 3, 4, 5.0 1, 5.1, 7.10, 18, and 18.1 as follows: (2

25 ILCS 10/2.09) (Text of Section before amendment by P.A. 10 3-594) Sec. 2.09. "D ay care center" means any child care facility which regularly p rovides day care for less than 24 hours per day, except as prov ided for in Section 5.12, for (1) more than 8 children in a fa mily home, or (2) more than 3 children in a facility o ther than a family home, including senior citizen buildings. The term does not include: (a) programs operated by (i) public or priv ate elementary school systems or secondary level school units or institutions of higher learning that serve children who shall have attained the age of 3 years or (ii) private entities on the groun ds of public or private elementary or secondary schools and that serve ch ildren who have attained the age of 3 years, except that this e xception applies only to the facility and not to the private entities' personnel operating the program; (b) programs or that porti on of the program which serves children who shall have attained the age of 3 years and which are recognized by the State Board of Educ ation; (c) educational program or programs serving children who shall have attained the age of 3 years and which are ope rated by a school which is registered with the State Board of E ducation and which is recognized or accredited by a recognized national or multistate educational organization or associat ion which regularly recognizes or accredits schools; (d) programs which exclusively serve or that portio n of the program which serves children with disabilities w ho shall have attained the age of 3 years but are less than 21 years of age and which are registered and approved as meeting standards of the State Board of Education and ap plicable fire marshal standards; (e) facilities operated in connection with a shopping center or service, religious service s, or other similar facility, where transient children are cared for temp orarily while parents or custodians of the children are occupied on the premises and readily available; (f) any type of day care center that is conducted on federal go vernment premises; (g) special activities programs, including athletics, recreat ion, crafts instruction, and similar activities conducte d on an organized and periodic basis by civic, charitable and governmental organizations, including, but not limited to, programs offered by park districts organized under the Park District Code to children who shal l have attained the age of 3 years old if the program meets no more than 3.5 continuous hours at a time or less and no more than 25 hours during any week, and the park district c onducts background investigations on employees of the program pursuant to Section 8-23 of the Park Dis trict Code; (h) part day chil d care facilities, as defined in Section 2.10 of this Act; (i) programs or that portion of the program which: (1) serves children who shall hav e attained the age of 3 years; (2) is op erated by churches or religious institutions as described i n Section 501(c)(3) of the federal Internal Revenue Code; (3) receives no gov ernmental aid; (4) is operated as a component of a religious, nonpro fit elementary school; (5) operates primarily to provide religious education; and (6) meets appropriate State or local health and fire saf ety standards; or (j) programs or portions of programs that: (1) serve only school-age children and youth (defined as full-time kindergarte n children, as defined in 89 Ill. Adm. Code 4 07.45, or older); (2) are organized to promote childhood learning, chi ld and youth development, educational or recreational activities, or character-bu ilding; (3) operat e primarily during out-of-school t ime or at times when school is not normally in sessio n; (4) compl y with the standards of the Illinois Department of Public Hea lth (77 Ill. Adm. Code 750) or the local health department, the Illinois Sta te Fire Marshal (41 Ill. Adm. Code 100), and the following additional health and safety requirements: procedures for e mployee and volunteer emergency preparedness and practic e drills; procedures to ensure that first aid kits are maintained and ready to use; the placement of a mi nimum level of liability insurance as determined by the Department; procedures for the availability of a working telephone that is onsi te and accessible at all times; procedures to ensure that emerg ency phone numbers are posted onsite; and a restrictio n on handgun or weapon possession onsite, except if possessed by a peace offic er; (5) perform and maintain authorization and results of crimi nal history checks through the Illinois State Police and FBI and checks of the Illin ois Sex Offender Registry, the National Sex Offender Registry, and Child Ab use and Neglect Tracking System for employees and volunteers who work directly with children; ( 6) make hiring decisions in accordance with the prohibi tions against barrier crimes as specified in Section 4.2 of this Act or in Section 21B-80 of the S chool Code;

(7) provide parents with written disclosure that the o perations of the program are not regulated by licensi ng requirements; and (8) obtain and maintain records showing the f irst and last name and date of birth of the child, nam e, address, and telephone number of each parent, emer gency contact information, and written authorization for medical care. Programs or portions of programs requesting Child Care Assi stance Program (CCAP) funding and otherwise meeting the requ irements under item (j) shall request exemption from the Depart ment and be determined exempt prior to receiving fundi ng and must annually meet the eligibility requirements and be appropriate for payment under the CCAP. Programs or portions of programs under item (j) that do not receive State or federal funds must comply with staff qua lification and training standards established by rule by the Department of Human Services. The Department of Huma n Services shall set such standards after review of Afters chool for Children and Teens Now (ACT Now) evidence-based quality standards developed for school-age out-of-school time programs, f eedback from the school-age out-of-schoo l time program professionals, and review of out-of-school time professional development frameworks and quality tools. Out-of -school time programs for school-age youth that receive State or federal funds mu st comply with only those staff qualifications and trai ning standards set for the program by the State or federal e ntity issuing the funds. For purposes of i tems (a), (b), (c), (d), and (i) of this Section, "children who shall have attained the age of 3 years" shall mean childre n who are 3 years of age, but less than 4 years of age, at the time of enrollment in the program.(S ource: P.A. 103-153, eff. 6-30-23; 103-952, eff. 1-1-25.) (Text of Section after amendment by P.A. 103-594) Sec. 2.09. "Day care center" means any child care facility which regularly provid es day care for less than 24 hours per day, except as provided for in Sectio n 5.12, for (1) more than 8 children in a family home, or (2) more t han 3 children in a facility other than a family home, including senior c itizen buildings. The term does not include: (a) programs operated by (i) pu blic or private elementary school systems or secondary l evel school units or institutions of higher learning that serve children who shall have attained the age of 3 years or (ii) private ent ities on the grounds of public or private elementary or seconda ry schools and that serve children who have attained the age of 3 years, except that this exception applies only to the facility a nd not to the private entities' personnel operating the program; (b) programs or that portion of the program which serves children who shall have attained the age of 3 years and which are recognized by the State Board of Educ ation; (c) educational program or programs serving children who shall have attained the age of 3 years and which are ope rated by a school which is registered with the State Board of E ducation and which is recognized or accredited by a recognized national or multistate educational organization or associat ion which regularly recognizes or accredits schools; (d) programs which exclusively serve or that portio n of the program which serves children with disabilities w ho shall have attained the age of 3 years but are less than 21 years of age and which are registered and approved as meeting standards of the State Board of Education and ap plicable fire marshal standards; (e) facilities operated in connection with a shopping center or service, religious service s, or other similar facility, where transient children are cared for temp orarily while parents or custodians of the children are occupied on the premises and readily available; (f) any type of day care center that is conducted on federal go vernment premises; (g) special activities programs, including athletics, recreat ion, crafts instruction, and similar activities conducte d on an organized and periodic basis by civic, charitable and governmental organizations, including, but not limited to, programs offered by park districts organized under the Park District Code to children who shal l have attained the age of 3 years old if the program meets no more than 3.5 continuous hours at a time or less and no more than 25 hours during any week, and the park district c onducts background investigations on employees of the program pursuant to Section 8-23 of the Park Dis trict Code; (h) part day chil d care facilities, as defined in Section 2.10 of this Act; (i) programs or that portion of the program which: (1) serves children who shall hav e attained the age of 3 years; (2) is op erated by churches or religious institutions as described i n Section 501(c)(3) of the federal Internal Revenue Code; (3) receives no gov ernmental aid; (4) is operated as a component of a religious, nonpro fit elementary school; (5) operates primarily to provide religious education; and (6) meets appropriate State or local health and fire saf ety standards; or (j) programs or portions of programs that: (1) serve only school-age children and youth (defined as full-time kindergarte n children, as defined in 89 Ill. Adm. Code 4 07.45, or older); (2) are organized to promote childhood learning, chi ld and youth development, educational or recreational activities, or character-bu ilding; (3) operat e primarily during out-of-school t ime or at times when school is not normally in sessio n; (4) compl y with the standards of the Illinois Department of Public Hea lth (77 Ill. Adm. Code 750) or the local health department, the Illinois Sta te Fire Marshal (41 Ill. Adm. Code 100), and the following additional health and safety requirements: procedures for e mployee and volunteer emergency preparedness and practic e drills; procedures to ensure that first aid kits are maintained and ready to use; the placement of a mi nimum level of liability insurance as determined by the Department; procedures for the availability of a working telephone that is onsi te and accessible at all times; procedures to ensure that emerg ency phone numbers are posted onsite; and a restrictio n on handgun or weapon possession onsite, except if possessed by a peace offic er; (5) perform and maintain authorization and results of crimi nal history checks through the Illinois State Police and FBI and checks of the Illin ois Sex Offender Registry, the National Sex Offender Registry, and Child Ab use and Neglect Tracking System for employees and volunteers who work directly with children; ( 6) make hiring decisions in accordance with the prohibi tions against barrier crimes as specified in Section 4.2 of this Act or in Section 21B-80 of the S chool Code;

(7) provide parents with written disclosure that the o perations of the program are not regulated by licensi ng requirements; and (8) obtain and maintain records showing the f irst and last name and date of birth of the child, nam e, address, and telephone number of each parent, emer gency contact information, and written authorization for medical care. Out-of -school time programs for school-ag e youth that receive State or federal funds must comply with only those staff qualifications and training standards set for the program by the State or federal entity issuing th e funds. For purposes of items (a), (b), (c), (d), and (i) of this Section, "children who shall have attained the age of 3 years" shall mean children who are 3 years of age, but less than 4 years of age, at the time of enrollment in the program.(Source: P.A. 103-153, eff. 6-30-23; 103-594, e ff. 7-1-26; 103-952, eff. 1-1-25; revised 11-26-24.) (225 ILCS 10

/3) (Text of Section before amendment by P.A. 103-594) Sec. 3. (a) No person, group of persons or corporation may operate or conduct any facility for child care, as defined in this Act, w ithout a license or permit issued by the Department or without being app roved by the Department as meeting the standards establishe d for such licensing, with the exception of facilities f or whom standards are established by the Department of Corrections under Sect ion 3-15-2 of the Unified Code of Corrections, and with the excep tion of facilities defined in Section 2.10 of this Act, and with the exception of programs or facilities licensed by the Departmen t of Human Services under the Substance Use Disorder Act. (b) No part day chi ld care facility as described in Section 2.10 may operate without written notification to the Department or without complying with Section 7.1. Notification shall include a notarized statement by th e facility that the facility complies with State state or local health standards and State state fire safety standards, and shall be filed with the department every 2 years. (c) The Director of the Department shall establis h policies and coordinate activities relating to child care licensing, licensing of day care homes and day care centers.

(d) Any facility or agency which is e xempt from licensing may apply for licensing if licensing is required for some government benefit. (e) A provider of day care described in items (a) through ( j) of Section 2.09 of this Act is exempt from licensure. The De partment shall provide written verification of exemption an d description of compliance with standards for the health, safety , and development of the children who receive the se rvices upon submission by the provider of, in addition to any other documentation required by the Department, a notarized st atement that the facility complies with: (1) the standards of the Department of Public Health or local health department, (2) the fire safety standards of the State F ire Marshal, and (3) if operated in a public school building, the health and safety standards of the State Board of Education. (f) Through June 30, 2029, either a qualified child care director, as described in 89 Ill. Adm. Code 407.130, or a qualified early childhood te acher, as described in 89 Ill. Adm. Code 407.140, with a minimum of 2,880 hours of experience as an early childhood teacher at the early childhood teacher's current facility must be present for t he first and last hour of the workday and at the open or close of the facility. The Department s hall adopt rules to implement this subsection. Such rules must be filed with the Joint Committee on Administrative Rules no l ater than January 1, 2025. (Source: P.A. 1 03-821, eff. 8-9-24; revised 10- 10-24.) (Text of Sec tion after amendment by P.A. 103-594) Sec. 3. (a) No person , group of persons or corporation may operate or conduct any facility for child care, as defined in this Act, without a li cense or permit issued by the Department or without being approved by the Depart ment as meeting the standards established for such licens ing, with the exception of facilities for whom standards a re established by the Department of Corrections under Secti on 3-15-2 of the Unified Code of Corrections, and with the exception o f facilities defined in Section 2.10 of this Act, an d with the exception of programs or facilitie s licensed by the Department of Human Services under the Su bstance Use Disorder Act, and with the exception of d ay care centers, day care homes, and group day care homes. (b) (Blank). (c) (Blank). (d) Any facility or agency which is exempt from licensing may apply for licensing if licensing is required for some government benefit. (e) (Blank). (f) Through June 30, 2029, either a qualified child care director, as described in 89 I ll. Adm. Code 407.130, or a qualified early childhood teacher, as described in 89 Ill. Adm. Code 407.140, with a minimum of 2 ,880 hours of experience as an early childhood teacher at t he early childhood teacher's current facility must be present for the first and last hour of the workday and at the o pen or close of the facility. The Department shall adopt rules to implemen t this subsection. Such rules must be filed with the Joint Committee on Administrative Rules no later than January 1, 2025. (Source: P.A. 103-594, eff. 7-1-2 6; 103-821, eff. 8-9-24; revised 10-10-24.)

(225 ILCS 10/4) (Text of Section before amendment by P.A . 103-594) Sec. 4. License requirem ent; application; notice. (a) Any person, group of persons or corporation who or which rece ives children or arranges for care or placement of one or more children unrelated to the operator must apply for a li cense to operate one of the types of facilities defined in Sect ions 2.05 through 2.19 and in Section 2.22 of this Act. Any rel ative, as defined in Section 2.17 of this Act, who receives a ch ild or children for placement by the Department on a full-time basis may apply for a license to operate a foste r family home as defined in Section 2.17 of this Act.

(a-5) Any agency, person, group of persons , association, organization, corporation, institution, center, or group providing adoption ser vices must be licensed by the Department as a child welfare agency as defined in Secti on 2.08 of this Act. "Providing adoption services", a s used in this Act, includes facilitating or engaging in adoption services. (b) Application for a license to operat e a child care facility must be made to the Department in the manner and on forms prescribed by it. An application to operate a foster family home shall include, at a min imum: a completed written form; written authorization by the applicant and all adult members of the applicant's household to conduct a criminal background investigation; medical evidence in the form of a medical report, on forms prescribed by the Dep artment, that the applicant and all members of the household ar e free from communicable diseases or physical and mental conditions that affect their ability to provide care for the child or children; the names and addresses of at least 3 persons not relate d to the applicant who can attest to the applicant's moral char acter; the name and address of at least one relative who can attest to the applicant's capability to care for the child or children; and fingerprints submitted by the applicant and all adult members of the applicant's household. (b-5 ) Prior to submitting an application for a foster family home license, a qu ality of care concerns applicant as defined in Section 2.22a of this Act must submit a preliminary application to t he Department in the manner and on forms prescribed by it. The Department shall explain to the quality of care concerns applicant the grounds for requiring a preliminary applicati on. The preliminary application shall include a list of (i) all children placed in the home by the Department who were removed by the Department for reasons other than returning t o a parent and the circumstances under which they were remove d and (ii) all children placed by the Department who were sub sequently adopted by or placed in the private guardian ship of the quality of care concerns applicant who are curre ntly under 18 and who no longer reside in the home and the reasons why they no longer reside in the home. The preliminary application shall also include, if the quality of care concer ns applicant chooses to submit, (1) a response to the quality o f care concerns, including any reason the concerns are invalid, have b een addressed or ameliorated, or no longer apply and (2) aff irmative documentation demonstrating that the quality of care concerns applicant's home does not pose a risk to children and that the family will be able to meet the physical and em otional needs of children. The Department shall verify the inf ormation in the preliminary application and review (i) information regarding any prior licensing complaints, (ii) information regarding any prior child abuse or neglect invest igations, (iii) information regarding any involuntary fost er home holds placed on the home by the Department, and (iv) information regarding all child exit interviews, as provided in Section 5.26 of the Children and Family Services Act, reg arding the home. Foster home applicants with quality of care co ncerns are presumed unsuitable for future licensure. Notwithstanding the provisions of this subsection (b -5), the Department may make an exception and issue a fo ster family license to a quality of care concerns applicant i f the Department is satisfied that the foster family ho me does not pose a risk to children and that the foster famil y will be able to meet the physical and emotional needs of children. In making this determination, the Departm ent must obtain and carefully review all relevant documents and shall obtain consultation from its Clinical Division as appro priate and as prescribed by Department rule and procedure. The Department has the authority to deny a preliminary applicat ion based on the record of quality of care concerns of the foster family home. In the alternative, the Department ma y (i) approve the preliminary application, (ii) approve the pre liminary application subject to obtaining additional informa tion or assessments, or (iii) approve the preliminary applica tion for purposes of placing a particular child or childr en only in the foster family home. If the Department a pproves a preliminary application, the foster famil y shall submit an application for licensure as described in sub section (b) of this Section. The Department shall notify the qu ality of care concerns applicant of its decision and th e basis for its decision in writing. (c) Th e Department shall notify the public when a child care instituti on, maternity center, or group home licensed by the Depar tment undergoes a change in (i) the range of care or servi ces offered at the facility or (ii) the type of children served. The Department shall notify the public of the change i n a newspaper of general circulation in the county or munici pality in which the applicant's facility is or is proposed to be located. (c-5) When a child care institution, maternity center, or a group home licensed by t he Department undergoes a change in (i) the age of chi ldren served or (ii) the area within the facility used by c hildren, the Department shall post information regarding propo sed changes on its website as required by rule. (d) If, upon examination of the facility and investigatio n of persons responsible for care of children and, in the case of a foster home, taking into account information obtained for purposes of evaluating a preliminary application, if applicabl e, the Department is satisfied that the facility and responsible persons reas onably meet standards prescribed for the type of facilit y for which application is made, it shall issue a license in p roper form, designating on that license the type of child care facility and, except for a child welfare agency, the number o f children to be served at any one time. (e ) The Department shall not issue or renew the license o f any child welfare agency providing adoption services, unless the agency (i) is officially recogn ized by the United States Internal Revenue Service as a tax-exempt organization described in Section 501(c)(3) of the In ternal Revenue Code of 1986 (or any successor provision of federal tax law) and (ii) is in compliance with all o f the standards necessary to maintain its status as an or ganization described in Section 501(c )(3) of the Internal Revenue Code of 1986 (or any successor provision of federal tax law). The Department shall grant a gra ce period of 24 months from August 15, 2005 (the effective date of Public Act 94-586) this amendatory Act of the 94th G eneral Assembly for existing child welfare agenc ies providing adoption services to obtain 501(c)(3) status. T he Department shall permit an existing child welfare agency that converts from its current structure in order to be recogniz ed as a 501(c)(3) organization as required by this Section to either retain its current license or transfer its current license to a newly formed entity, if the creation of a new entity is required i n order to comply with this Section, provided that the child welfare agency demonstrates that it continues to meet all ot her licensing requirements and that the principal officers and directors and programs of the converted child welfare agency o r newly organized child welfare agency are substantially the same as the original. The Department shall have the sol e discretion to grant a one-year one year extension to any agency u nable to obtain 501(c)(3) status within the timeframe specified in this subsect ion (e), provided that such agency has filed an application for 501(c)(3) status with the Interna l Revenue Service within the 2-year timeframe specified in this subse ction (e). (f) The Department shall adopt rules to implement the changes to this Section made by Public Act 103-770 this amendat ory Act of the 103rd General Assembly no later than January 1, 2025. (Source: P.A. 102-763, eff. 1-1-23; 103-770, eff. 1-1-25; revised 8-20-24.) (Text of Section after amendment by P. A. 103-594) Sec. 4. License requirement; application; notice; D epartment of Children and Family Services. (a) Any person, group of persons or corporation who or which receives children or a rranges for care or placement of one or more children unrelated to the op erator must apply for a license to operate one of the types of facilities defined in Sections 2.05 through 2.19 (othe r than a day care center or day care home) and in Section 2.22 of this Act. Any relative, as defined in Section 2.17 of this Act, who rece ives a child or children for placement by the Departme nt on a full-time basis may apply for a license to operate a foster family home as defi ned in Section 2.17 of this Act. (a-5) Any agenc y, person, group of persons, ass ociation, organization, corporation, institution, center, or group providing adoption services must be licensed by the Department as a child welfare agency as defined in Section 2.08 of this Act. "Providing adoption services", as used in this Act, includes facilitating or engaging in adoption services. (b) Application for a lice nse to operate a child care facility (other than a day care center, day care hom e, or group day care home) must be made to the Departme nt in the manner and on forms prescribed by it. An applicatio n to operate a foster family home shall include, at a minimum: a completed written form; written authorization by the applica nt and all adult members of the applicant's household to conduct a criminal background investigation; medical evidence in the form of a medical report, on forms prescribed by the Departm ent, that the applicant and all members of the household are free fr om communicable diseases or physical and mental conditions that affect their ability to provide care for the child or children; the names and addresses of at least 3 persons not related to the applicant who can attest to the applicant 's moral character; the name and address of at least one relati ve who can attest to the applicant's capability to care for t he child or children; and fingerprints submitted by the applicant and all ad ult members of the applicant's household. (b-5) Pri or to submitting an application for a foster family ho me license, a quality of care concerns applicant as defined in S ection 2.22a of this Act must submit a preliminary application t o the Department in the manner and on forms prescribed by it. The Department shall explain to the quality of care concerns applicant the grounds for requiring a preliminary applicati on. The preliminary application shall include a list of (i) all children placed in the home by the Department who were removed by the Department for reasons other than returning t o a parent and the circumstances under which they were remove d and (ii) all children placed by the Department who were sub sequently adopted by or placed in the private guardian ship of the quality of care concerns applicant who are curre ntly under 18 and who no longer reside in the home and the reasons why they no longer reside in the home. The preliminary application shall also include, if the quality of care concer ns applicant chooses to submit, (1) a response to the quality o f care concerns, including any reason the concerns are invalid, have b een addressed or ameliorated, or no longer apply and (2) aff irmative documentation demonstrating that the quality of care concerns applicant's home does not pose a risk to children and that the family will be able to meet the physical and em otional needs of children. The Department shall verify the inf ormation in the preliminary application and review (i) information regarding any prior licensing complaints, (ii) information regarding any prior child abuse or neglect invest igations, (iii) information regarding any involuntary fost er home holds placed on the home by the Department, and (iv) information regarding all child exit interviews, as provided in Section 5.26 of the Children and Family Services Act, reg arding the home. Foster home applicants with quality of care co ncerns are presumed unsuitable for future licensure. Notwithstanding the provisions of this subsection (b -5), the Department may make an exception and issue a fo ster family license to a quality of care concerns applicant i f the Department is satisfied that the foster family ho me does not pose a risk to children and that the foster famil y will be able to meet the physical and emotional needs of children. In making this determination, the Departm ent must obtain and carefully review all relevant documents and shall obtain consultation from its Clinical Division as appro priate and as prescribed by Department rule and procedure. The Department has the authority to deny a preliminary applicat ion based on the record of quality of care concerns of the foster family home. In the alternative, the Department ma y (i) approve the preliminary application, (ii) approve the pre liminary application subject to obtaining additional informa tion or assessments, or (iii) approve the preliminary applica tion for purposes of placing a particular child or childr en only in the foster family home. If the Department a pproves a preliminary application, the foster famil y shall submit an application for licensure as described in sub section (b) of this Section. The Department shall notify the qu ality of care concerns applicant of its decision and th e basis for its decision in writing. (c) Th e Department shall notify the public when a child care instituti on, maternity center, or group home licensed by the Depar tment undergoes a change in (i) the range of care or servi ces offered at the facility or (ii) the type of children served. The Department shall notify the public of the change i n a newspaper of general circulation in the county or munici pality in which the applicant's facility is or is proposed to be located. (c-5) When a child care institution, maternity center, or a group home licensed by t he Department undergoes a change in (i) the age of chi ldren served or (ii) the area within the facility used by c hildren, the Department shall post information regarding propo sed changes on its website as required by rule. (d) If, upon examination of the facility and investigatio n of persons responsible for care of children and, in the case of a foster home, taking into account information obtained for purposes of evaluating a preliminary application, if applicabl e, the Department is satisfied that the facility and responsible persons reas onably meet standards prescribed for the type of facilit y for which application is made, it shall issue a license in p roper form, designating on that license the type of child care facility and, except for a child welfare agency, the number o f children to be served at any one time. (e ) The Department shall not issue or renew the license o f any child welfare agency providing adoption services, unless the agency (i) is officially recogn ized by the United States Internal Revenue Service as a tax-exempt organization described in Section 501(c)(3) of the In ternal Revenue Code of 1986 (or any successor provision of federal tax law) and (ii) is in compliance with all o f the standards necessary to maintain its status as an or ganization described in Section 501(c )(3) of the Internal Revenue Code of 1986 (or any successor provision of federal tax law). The Department shall grant a gra ce period of 24 months from August 15, 2005 (the effective date of Public Act 94-586) this amendatory Act of the 94th G eneral Assembly for existing child welfare agenc ies providing adoption services to obtain 501(c)(3) status. T he Department shall permit an existing child welfare agency that converts from its current structure in order to be recogniz ed as a 501(c)(3) organization as required by this Section to either retain its current license or transfer its current license to a newly formed entity, if the creation of a new entity is required i n order to comply with this Section, provided that the child welfare agency demonstrates that it continues to meet all ot her licensing requirements and that the principal officers and directors and programs of the converted child welfare agency o r newly organized child welfare agency are substantially the same as the original. The Department shall have the sol e discretion to grant a one-year one year extension to any agency u nable to obtain 501(c)(3) status within the timeframe specified in this subsect ion (e), provided that such agency has filed an application for 501(c)(3) status with the Interna l Revenue Service within the 2-year timeframe specified in this subse ction (e). (f) The Department shall adopt rules to implement the changes to this Section made by Public Act 103-770 this amendat ory Act of the 103rd General Assembly no later than January 1, 2025. (Source: P.A. 102-763, eff. 1-1-23; 103-594, eff. 7-1-26; 103-770, eff. 1-1-25; re vised 11-26-24.) (225 ILCS 10/5.01) (This Section may contain text from a Public Act with a delayed effective date) Sec. 5.01. Licenses; permits; Department of Early Childhood. (a) In respect to day c are centers, the Department of Early Childhood, upon receiving application filed in proper order, shall examine the f acilities and persons responsible for care of children therein . (b) In respect to day care homes, applications may be fi led on behalf of such homes by the Department of Early Childhood. (c) The Department of Early Childhood shall not allow any perso n to examine facilities under a provision of this Act who has not passed an examination demonstrating th at such person is familiar with this Act and with the appropriate standards and regulations of the Department of Early Childhood. (d) Licenses issued for day care centers, day care homes, and group day care homes shall be valid for 3 years from the date issued, unless revoked by the Department of Early Childhood or voluntarily surr endered by the licensee. When a licensee has made timely and sufficient application f or the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license shall continue in full force and effect for up to 30 days until the final agen cy decision on the application has been made. The Department of Early Childhood may further extend the period in which s uch decision must be made in individual cases fo r up to 30 days, but such extensions shall be only upo n good cause shown. (e) The Department of Early Childhood may issue one 6-month permit to a newly established facility f or child care to allow that facility reasonable time to become eligible for a full license. If the facility for child care i s a day care home the Department of Early Childhood may issue one 2-month permit only. (f) The Department of Early Childhood may issue an emergency permit to a day car e center taking in children as a result of the temporary clos ure for more than 2 weeks of a licensed child care faci lity due to a natural disaster. An emergency permit under thi s subsection shall be issued to a facility only if the perso ns providing child care services at the facility were employ ees of the temporarily closed day care center at the time it was closed. No investigation of an employee of a child care f acility receiving an emergency permit under this subsection shall be required if that employee has previously been investig ated at another child care facility. No emergency permit issued under this subsection shall be valid for more than 90 days after the date of issuan ce. (g) During the hours of operat ion of any licensed day care center, day care home, or group day car e home, authorized representatives of the Department of Early Childhood may without notice visit the facility for the purpo se of determining its continuing compliance with this Act or rules adopted pursuant thereto. (h) Day care centers, day care homes, and group day care homes shall be monitored at least annually by a licensing representative from the Department of Early Childhood that recommended licensure.(Source : P.A. 103-594, eff. 7-1-26; revised 10-21-24.) (225 ILCS 10/5.1) (Text of Section before amendment b y P.A. 103-594) Sec. 5.1. (a) The Department shall e nsure that no day care center, group home, or child c are institution as defined in this Act shall on a regular basis transport a child or children with any motor vehicle unless such vehicle is operated by a person who complies with the following requirements: 1. is 21 years of age or o lder; 2. currently holds a valid driver's license, which has not been revoked o r suspended for one or more traffic violatio ns during the 3 years immediately prior to the date of ap plication; 3. demonstra tes physical fitness to operate vehicles by submitting the results of a medical examination cond ucted by a licensed physician; 4. has not been convicted of more than 2 offenses against traffic regulati ons governing the movement of vehicles within a 12-month period; 5. has not been convicted of reckless driving or driving under the influence or manslaughter or reckle ss homicide resulting from the operation of a motor vehicle within the past 3 years; 6. has signed and submitted a writt en statement certifying that the person has not, through the unl awful operation of a motor vehicle, caused a crash which res ulted in the death of any person within the 5 years immediately prior to the date of application. However, such day care centers, g roup homes, and child care institutions may provide for trans portation of a child or children for special outings, functions, or purposes that are not scheduled on a regu lar basis without verification that drivers for su ch purposes meet the requirements of this Section. (a-5) As a means of ensuring compli ance with the requirements set forth in subsection (a), the Depa rtment shall implement appropriate measures to verify th at every individual who is employed at a group home or child care institution meets those requirements. Fo r every person employed at a group home or child care i nstitution who regularly transports children in the cour se of performing the person's duties, the Department must make the verification every 2 years. Upon the Departm ent's request, the Secretary of State shall provide th e Department with the information necessary to enable the Department to make the verifications required unde r subsection (a). In the case of an i ndividual employed at a group home or child care institution who becomes subject to subsection (a) for the first time a fter January 1, 2007 (the effective date of Public Act 94-943), the Department must make that verification with the Sec retary of State before the individual operates a motor vehi cle to transport a child or children under the circumsta nces described in subsectio n (a). In the case of an individual e mployed at a group home or child care institution who is subjec t to subsection (a) on January 1, 2007 (the effective date of P ublic Act 94-943), the Department must make that verificat ion with the Secretary of State within 30 days after January 1, 2007. If the Department discovers that an individual fails to meet the requ irements set forth in subsection (a), the Department shall pr omptly notify the appropriate group home or child care institut ion. (b) Any individual who holds a va lid Illinois school bus driver permit issued by the Secreta ry of State pursuant to the Illinois Vehicle Code, and who is c urrently employed by a school district or parochial schoo l, or by a contractor with a school district or parochial sch ool, to drive a school bus transporting children to and from sch ool, shall be deemed in compliance with the requirements of subsectio n (a). (c) The Department may, pursuant to Section 8 of this Act, revoke the license of any day care center, group home, or child care institution that fails to meet the requirements of this Section.

(d) A group home or child care institution that fails to me et the requirements of this Section is guilty of a petty offense and is subject to a fine of not more than $1,000. Each day that a group home or child care institution fails to meet the requir ements of this Section is a separate offense. (Source: P.A. 102-982, eff. 7-1- 23; 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) (Text of Section after amendment by P.A. 103-594) Sec. 5.1. (a) The Department shall ensure that no group home, or child care institution as defin ed in this Act shall on a regular basis transport a child or children with any motor vehicle unless such vehicle is operated by a p erson who complies with the following requirements: 1. is 21 years of age or older; 2. currently holds a valid dri ver's license, which has no t been revoked or suspended for one or more traffic viola tions during the 3 years immediately prior to the date of a pplication; 3. demonstrates physical fitness to operate vehicles by submitting the results of a medical examination conducted by a licensed physician; 4. has not been convicted of more than 2 offenses against traffic re gulations governing the movement of vehicles within a 12-month period ; 5. has not been convicted of reckless driving or driving under the influence or manslaughter o r reckless homicide resulting from the operation of a motor vehicle within the past 3 years;

6. has signed and submitted a written statement certi fying that the person has not, through the unlawful operation of a motor vehicle, caused a crash which resulted in th e death of any person within the 5 years immediately prior to the date of application. However, such group homes, and child care institutions may provide fo r transportation of a child or children for special ou tings, functions, or purposes that are not scheduled on a regular basis without verification that drivers for such purposes meet the requirements of this Section. (a-5) As a means of ensuring compliance with the requirements set forth in subsection (a), t he Department shall implement appropriate measures to ve rify that every individual who is employed at a group home or child care institution meets those requirements. For every person employed at a group home or child care institution who regularly transports children in t he course of performing the person's duties, the Departme nt must make the verification every 2 years. Upon the Department's request, the Secretary of State shall pro vide the Department with the information necessary to ena ble the Department to make the verifications requir ed under subsection (a). In the case of an individual employed at a group home or child care institut ion who becomes subject to subsection (a) for the first time after January 1, 2007 ( the effective date of Public Act 94-943), the Department must make that verification with the Secretary of State bef ore the individual operates a motor vehicle to transport a child or children under the circumstances described in subsectio n (a). In the case of an individual e mployed at a group home or child care institution who is subjec t to subsection (a) on January 1, 2007 (the effective date of P ublic Act 94-943), the Department must make that verificat ion with the Secretary of State within 30 days after January 1, 2007. If the Department discovers that an individual fails to meet the requ irements set forth in subsection (a), the Department shall pr omptly notify the appropriate group home or child care institut ion. (b) Any individual who holds a va lid Illinois school bus driver permit issued by the Secreta ry of State pursuant to the Illinois Vehicle Code, and who is c urrently employed by a school district or parochial schoo l, or by a contractor with a school district or parochial sch ool, to drive a school bus transporting children to and from sch ool, shall be deemed in compliance with the requirements of subsectio n (a). (c) The Department may, pursuant to Section 8 of this Act, revoke the license of any group ho me, or child care institution that f ails to meet the requirements of this Section. (d) A group home or child care institution that fai ls to meet the requirements of this Section is guilty of a petty offe nse and is subject to a fine of not more than $1,000. Each da y that a group home or child care institution fails to meet th e requirements of this Section is a separate offense. (Source: P.A. 102-982, eff. 7- 1-23; 103-22, eff. 8-8-23; 103-59 4, eff. 7-1-26; 103-605, eff. 7-1-24; revised 8-15-24.) (225 ILCS

10/7.10) (Text of Section before amendment by P.A. 103-594) Sec. 7.10. Li censing orientation program and progress report. (a) For the purposes of this Section, "child day care licensing" or "day care licensing" means licensing of day car e centers, day care homes, and group day care homes. (a-5) In addition to current day care daycare training and subject to appropr iations, the Department or any State agency that assumes day ca re center licensing responsibilities shall host licensing orie ntation programs to help educate potential day care center, day care ho me, and group day care home providers about the child day care licensing process. The program s shall be made available in person and virtually. The Department or its successor shall offer to host licensing orientation programs at least twice annually in each Representative District in the State. Additionally, if one or more persons request that a program be offered in a language other than English, then the Department or its successor must accommodate the request . (b) No later than September 30th of each year, the Department shall provide the General Assembly with a comprehe nsive report on its progress in meeting performance me asures and goals related to child day care licensing. (c) The report shall include: (1) details on the funding for child day care licensing, including: (A) the total number of full-time employees working on child day care licensing; (B) the names of all sources of revenue used to suppor t child day care licensing; (C) the amount of expenditures that is claime d against federal funding sources; (D) the identity of federal funding sources; and (E) how funds are appropriated, including appropriations for line sta ff, support staff, supervisory staff, and training and other expenses and the funding history of such licensing since fisca l year 2010; (2) current staffing qualifications of day care licensing representatives and day care licensing sup ervisors in comparison with staffing qualifications specifie d in the job description; (3) data hist ory for fiscal year 2010 to the current fiscal year on day care licensing representative caseloads and staffing levels in all areas of the State; (4) per the DCFS Child Day Care Licensing A dvisory Council's work plan, quarterly data on the following measu res: (A) the percen tage of new applications disposed of within 90 days; (B) the percentage of licens es renewed on time; ( C) the percentage of day care centers receiving timely annual monitoring visits; (D) the percentage of day care homes receiving timely annual monitor ing visits; (E ) the percentage of group day care homes receiving timely annual monitoring visits; (F) the percentage o f provider requests for supervisory review; (G) the progress o n adopting a key indicator system; (H) the percentage of complaints disposed of w ithin 30 days; (I) the average number of days a day care center applicant must wait to attend a licensing orientation; (J) the number of licensing orientation sess ions available per region in the past y ear; and (K) the numbe r of Department trainings related to licensin g and child development available to providers in the past year; and (5) efforts to coordinate with the Department of Human Services and the State Board of Education on professi onal development, credentialing issues, and child developer s, including training registry, child developers, and Quality Rating and Improvement Systems (QRIS). (d) The Department shall work with the Governor's appointed Early Learning Council on issues related to and concern ing child day care.(Source: P.A. 10 3-805, eff. 1-1-25; revised 10-10 -24.) (Text of Section after amendment by P.A. 103-594) Sec. 7.10. Licensing orientation program and progress report.

(a) For the purposes of this Sectio n, "child day care licensing" or "day care licensing" means licensing of day care centers, day care homes, and group day care homes. (a-5) In addition to current day care daycare training and subject to appropriations, the Departmen t or any State agency that assumes day care center licensi ng responsibilities shall host licensing orientation prog rams to help educate potential day care center, day care ho me, and group day care home providers about the child day care licen sing process. The programs shall be made available in person and virtually. The Department or its successor shall offer to host licensing orientation programs at least twice annually in each Representative District in the State. Additionally, if one or more persons re quest that a program be offered in a language other than English, then the Department or its successor must accommodate the request . (b) No later than September 30th of each year, the Department of Early Childhood shall provide the General Assem bly with a comprehensive report on its progress in mee ting performance measures and goals related to child day care l icensing. (c) The report shall include: (1) details on the funding for child day care licensing, including: (A) the total number of full-time employees working on child day care licensing; (B) the names of all sources of rev enue used to support child day care licensing; (C) the amount of expendit ures that is claimed against federal funding sources; (D) the identity of feder al funding sources; and

(E) how funds are appropriated, including appropri ations for line staff, support staff, supervisory staff, and training and other expenses and the funding history of such li censing since fiscal year 2010; (2) current staffing qualifi cations of day care licensing representatives and day ca re licensing supervisors in comparison with staffing qua lifications specified in the job description; (3) data hist ory for fiscal year 2010 to the current fiscal year on day care licensing representative caseloads and staffing levels in all areas of the State; (4) per the DCFS Child Day Care Licensing A dvisory Council's work plan, quarterly data on the following measu res: (A) the percen tage of new applications disposed of within 90 days; (B) the percentage of licens es renewed on time; ( C) the percentage of day care centers receiving timely annual monitoring visits; (D) the percentage of day care homes receiving timely annual monitor ing visits; (E ) the percentage of group day care homes receiving timely annual monitoring visits; (F) the percentage o f provider requests for supervisory review; (G) the progress o n adopting a key indicator system; (H) the percentage of complaints disposed of w ithin 30 days; (I) the average number of days a day care center applicant must wait to attend a licensing orientation; (J) the number of licensing orientation sess ions available per region in the past y ear; and (K) the numbe r of Department of Early Childhood trainings related to licensing and child development available to providers in the past year; and (5) efforts to coordinate w ith the Department of Human Services and the State Board of Ed ucation on professional development, credentialing issues, and child developers, including training registry, child devel opers, and Quality Rating and Improvement Systems (QRIS ). (d) The Department of Early Childhood sh all work with the Governor's appointed Early Learning Co uncil on issues related to and concerning child da y care.(Source: P.A. 103-594, eff. 7 -1-26; 103-805, eff . 1-1-25; revised 11-26-24.) (225 ILCS 10/18) (from Ch. 23, par.

2228) (Text of Section before amendmen t by P.A. 103-594) Sec. 18. Any person, group of persons, association, or corporation that who: (1) conducts, operates, or acts as a child care facility without a license or permit to do so in violation of Section 3 of this Act; (2) makes materially false stateme nts in order to obtain a license or permit; (3) fails to keep the records and make the repor ts provided under this Act; (4) advertises any service not authorized by license or p ermit held; ( 5) publishes any advertisement in violation of this Act; (6 ) receives within this State any child in violation of Section 16 of this Act; or (7) violates any other provision of this Act or any reasonable rule or regul ation adopted and published by the Department for the enforcement of the provisions of this Act; , is guilty of a Class A misdemeanor and, in case of an association or corporation, imprisonment may be imposed upon its officers who knowingly part icipated in the violation. Any child care facility that continues to operate after its license is revoked under Section 8 of this Act or after its lic ense expires and the Department refused to renew the lic ense as provided in Section 8 of this Act is guilty of a business offense and shall be fined an amount in excess o f $500 but not exceeding $10,000, and each day of viol ation is a separate offense. In a prosecu tion under this Act, a defendant who relies u pon the relationship of any child to the defendant has the burden of proof as to that relatio nship.(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24; revis ed 10-21-24.) (Text of Section after amendment by P.A. 103-594) Sec. 18. A ny person, group of persons, association, or corporation that who, with respect to a child care facility other than a day care center, day care home, or group day car e home: (1) con ducts, operates, or acts as a child care facility without a lice nse or permit to do so in violation of Section 3 of this Act; (2) makes mat erially false statements in order to obtain a license or permit;

(3) fails to kee p the records and make the reports p rovided under this Act; (4) advertises any service not authorized by licens e or permit held; (5) publishes any advertisement in violation of this Act; (6) receives within this State any child in violation o f Section 16 of this Act; or (7) violates any other provision of this Act or any reasonabl e rule or regulation adopted and published by the Department for the enforcement of the pro visions of this Act; ,is guilty of a Class A mis demeanor and, in case of an association or c orporation, imprisonment may be imp osed upon its officers who knowingly participated in the vio lation. Any child care facility (other than a day care center, day care home, or group day care home) that continues to operate after its license is revoked u nder Section 8 of this Act or after its license expires a nd the Department refused to renew the license as provided in S ection 8 of this Act is guilty of a business offense a nd shall be fined an amount in excess of $500 but not exc eeding $10,000, and each day of violation is a separa te offense. In a prosecution under this Ac t, a defendant who relies upon the rela tionship of any child to the defendant has the burden of proof as to that relationship.(Source: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26; 103-605, eff. 7-1- 24; revised 10-21-24.) (225 ILCS 10/18.1) (This Section may contain text from a Public Act with a delayed effective date) Sec. 18.1. Violations; day care center, day care home, or group day ca re home. Any person, group of persons, association, or corporation that: (1) conducts, operates, or acts a s a day care center, day care home, or group day care home witho ut a license or permit to do so in violation of Section 3.01 of this Act; (2) makes mat erially false statements in order to obtain a license or permit; (3) fails to keep the records and make the reports p rovided under this Act; (4) advertises any service not authorized by license or permit held; (5) publishes any advertisement in violation of this Act; (6) receives withi n this State any child in violation of Section 16.1 of this Act; or (7) violates any other provi sion of this Act or any reasonable rule or regulation adopted and published by the De partment of Early Childhood for the enforcement of the provisions of this Act; ,is guilty of a Class A mi sdemeanor and, in the case of an association or corporation, im prisonment may be imposed upon its officers who knowingly participated in the v iolation. Any day care center, day care h ome, or group day care home that continues to operate after its license is revoked unde r Section 8 or 8a of this Act or after its license expir es and the Department of Early Childhood refused to renew the license as provided in Section 8 or 8a of this Act i s guilty of a business offense and shall be fined an a mount in excess of $500 but not exceeding $10,000. Each day of violation is a separate offense. In a prosecution under this Act, a defendant who relies upon the relationship of an y child to the defendant has the burden of proof as to that relationship.(Source: P.A. 103-594, eff. 7-1-26; revised 10-21-24.) Section 82 0. The Clinical Social Work and Social Work Practice Act is am ended by changing Section 19 as follows: (225 ILCS 20/19) (Section scheduled to be repealed on January 1, 2028) Sec. 19. Grounds for disciplinary action. (1) The Department may refuse to issue or renew a licen se, or may suspend, revoke, place on probation, reprimand, or take any other disciplinary or non-disciplinary action deemed appropriate by the Department, including the imposition of fines not to exceed $10 ,000 for each violation, with regard to any license issu ed under the provisions of this Act for any one or a combina tion of the following grounds: (a) material misstatements in furnishing information to the Department or to any other State agency or in furnishing information to any insurance company with respect to a claim on behal f of a licensee or a patient; (b) viol ations or negligent or intentional disregard of this Act, or any of the rules promulgated hereunder; (c) c onviction of or entry of a plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or sentencing, including, but not limit ed to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States th at is (i) a felony or (ii) a misdemeanor, an essential element of which is dishonesty, or that is directly related to the prac tice of the clinical social work or social work professions ; (d) fraud or misrepresenta tion in applying for or procuring a license under this Act or in connection with applying for renewal or restoration of a license under this Act; (e) profession al incompetence; ( f) gross negligence in practice under this Act; (g) aiding or assisting another person in violating any provision of this Act or its rules;

(h) failing to provide information within 60 days in response to a writte n request made by the Department; (i) engaging in dishonorable, unethical or unpro fessional conduct of a character likely to deceive, def raud or harm the public as defined by the rules o f the Department, or violating the rules of professional c onduct adopted by the Department; (j) habitual or excessive use or abuse of drug s defined in law as controlled substances, of alcohol, or o f any other substances that results in the inability to practice with reasonable judgment, ski ll, or safety; (k) ad verse action taken by another state or jurisdiction, if a t least one of the grounds for the discipline is the sa me or substantially equivalent to those set forth in this Section; (l) directly or indirectly giving to or receiving from any person, firm, corporation, p artnership, or association any fee, commission, rebate or other form of compensation for any professional service not actually rendered. Nothing in this paragraph (l) affects any bona fi de independent contractor or employment arrangements among health care professional s, health facilities, health care providers, or o ther entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compen sation, health insurance, pension, or other employment bene fits for the provision of services within the scope of t he licensee's practice under this Act. Nothing in this paragraph (l) shall be construed to require an employment arrangement to receive professional fees for services rendered; (m) a finding by the Department that the licensee, after having the license placed on pr obationary status, has violated the terms of probatio n or failed to comply with such terms; (n) abandonment, without cause, of a clien t; (o) willfully making or filing false records or reports relating to a licensee's p ractice, including, but not limited to, false records file d with Federal or State agencies or departments; (p) willfully failin g to report an instance of suspected child abuse or negl ect as required by the Abused and Neglected Child Reportin g Act; (q) bein g named as a perpetrator in an indicated report by the Depa rtment of Children and Family Services under the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act; (r) physical illness, mental i llness, or any other impairment or disability, including, but not limited to, deterioration through the aging pro cess, or loss of motor skills that results in the inabil ity to practice the profession with reasonable judgment, skill or safety; (s) solicitation of professional services by using false or misleading advertising; (t) violat ion of the Health Care Worker Self-Referral Act; (u) willfully failing to report an instance of suspected abuse, neglect, fi nancial exploitation, or self-neglect of an eligible adult as defined in and required by the Adult Protective Service s Act; or (v) being named as an abuser in a verified report by the Department on Aging under the Adult Protective Services Act, and u pon proof by clear and convincing evidence that the l icensee abused, neglected, or financially exploited a n eligible adult as defined in the Adult Protective Ser vices Act. (2) (Blank). (3) The determination by a court that a licens ee is subject to involuntary admission or judicial admiss ion as provided in the Mental Health and Developmental Dis abilities Code, will result in an automatic suspensio n of the licensee's license. Such suspension will end upon a finding by a court tha t the licensee is no longer subject to involuntary admiss ion or judicial admission and issues an order so finding and d ischarging the patient, and upon the recommendation of the Board t o the Secretary that the licensee be allowed to resume professional practice. (4) The Department shall refuse to issue or renew or may suspend the license of a person who (i) fails to file a return, pay the tax, penalty, or interest shown in a filed return, o r pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Depart ment of Revenue, until the requirements of the tax Ac t are satisfied or (ii) has failed to pay any cou rt-ordered child support as determined by a court or der or by referral from the Department of Healthca re and Family Services.

(4.5) The Department shall not revoke, s uspend, summarily suspend, place on prohibition, reprimand , refuse to issue or renew, or take any other disciplinary or non-disciplinary action against a license or permit issu ed under this Act based solely upon the licensed clinical so cial worker authorizing, recommending, aiding, assisti ng, referring for, or otherwise participating in any health car e service, so long as the care was not unlawful under the la ws of this State, regardless of whether the patient was a r esident of this State or another state. (4.10) The Department shall not revoke, suspen d, summarily suspend, place on prohibition, reprimand, refuse to issue or renew, or take any other disciplinary or non-d isciplinary action against the license or permit issued un der this Act to practice as a licensed clinical social wor ker based upon the licensed clinical social worker's license being revoked or suspended, or the licensed clinical social worker being otherwise disciplined by any other state, if that revocat ion, suspension, or other form of discipline was based solely on the licensed clinical social worker violating a nother state's laws prohibiting the provision of, authorizati on of, recommendation of, aiding or assisting in, referring for, or participation in any health care service if that health car e service as provided would not have been unlawful under the laws of this State and is consistent with the standards of co nduct for a licensed clinical social worker practicing in Illi nois. (4.15) The conduct specified in subs ection (4.5), (4.10), (4.25), or (4.30) shall not constitute grounds for suspension un der Section 32. (4.20) An applicant seeki ng licensure, certification, or authorization pursuant to thi s Act who has been subject to disciplinary action by a duly auth orized professional disciplinary agency of another jurisdictio n solely on the basis of having authorized, recommended, aide d, assisted, referred for, or otherwise participated in hea lth care shall not be denied such licensure, certificati on, or authorization, unless the Department determines that su ch action would have constituted professional misconduct in this State; however, nothing in this Section shall be construe d as prohibiting the Department from evaluating the c onduct of such applicant and making a determination regarding the licensure, certification, or authorization to practice a profession under this Act. (4.25) The D epartment may not revoke, suspend, summarily suspend, place on prohibition, reprimand, refuse to issue or renew, or tak e any other disciplinary or n on-disciplinary action against a license or permit i ssued under this Act based solely upon an immigration violatio n by the licensed clinical social wo rker. (4.30) The Department may not rev oke, suspend, summarily suspend, place on prohibition, repr imand, refuse to issue or renew, or take any other dis ciplinary or non-disciplinary action against the lic ense or permit issued under this Act to practice as a lice nsed clinical social worker based upon the licensed clinical social worker's license being revoked or suspended, or the lice nsed clinical social worker being otherwise disciplined by an y other state, if that revocation, suspension, or other form of discipline was based solely upon an immigration violation by the licensed clinical social worker. (5 )(a) In enforcing this Section, the Department or Board, upon a showing of a possible violation, may compel a person licensed to practice un der this Act, or who has applied for licensure under this Act, to submit to a mental or physical examination, or both, which may include a substance abuse or sexual offender evaluati on, as required by and at the expense of the Department. (b) The Department shall specifically designate the examining physician licensed to practice medicine in all of its branches or, if applicable, the multidisciplinary team involved in provid ing the mental or physical examination or both. The multidiscipl inary team shall be led by a physician licensed to practice me dicine in all of its branches and may consist of one or more or a combination of physicians licensed to practice medicin e in all of its branches, licensed clinical psychologist s, licensed clinical social workers, licensed clinical profess ional counselors, and other professional and administrative st aff. Any examining physician or member of the multidiscip linary team may require any person ordered to submit to an examination pursuant to thi s Section to submit to any additional supplemental testing d eemed necessary to complete any examination or evaluation pr ocess, including, but not limited to, blood testing, urinaly sis, psychological testing, or neuropsychological testing. (c) The Board or the Department ma y order the examining physician or any member of the multidisciplinary team to present testimony conc erning this mental or physical examination of the licensee o r applicant. No information, report, record, or other docum ents in any way related to the examination shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the e xamining physician or any member of the multidisciplinary team. No authorization is necessary from the licensee or applicant o rdered to undergo an examination for the examining physici an or any member of the multidisciplinary team to provide inf ormation, reports, records, or other documents or to provide an y testimony regarding the examination and evaluation. (d) The person to be examined may ha ve, at the person's own expense, another physician of th e person's choice present during all aspects of the examination . However, that physician shall be present only to observ e and may not interfere in any way with the examination. (e) Failure of any person to submit to a mental or physical examination without reasonable cause , when ordered, shall result in an automatic suspensi on of the person's license until the person submits to the examination. (f) If the Departm ent or Board finds a person unable to practice because of the reasons set forth in this Section, the Department or Board may require that person to submit to care, counseling, o r treatment by physicians approved or designated by the De partment or Board, as a condition, term, or restriction for con tinued, reinstated, or renewed licensure to practice; or, in lieu of care, counseling or treatment, the Department ma y file, or the Board may recommend to the Department to file, a complaint to immediately suspend, revoke, or otherwise disciplin e the license of the person. Any person whose license was gr anted, continued, reinstated, renewed, disciplined or supe rvised subject to such terms, conditions or restrictions, and w ho fails to comply with such terms, conditions, or restriction s, shall be referred to the Secretary for a determinatio n as to whether the person's license shall be suspended imme diately, pending a hearing by the Department. (g) All fines imposed shall be paid withi n 60 days after the effective date of the order imposing the fine or in ac cordance with the terms set forth in the order imposing the fine. In instances in which the Secretar y immediately suspends a person's license under this Section, a hearing on that person's license must be convened by the Depa rtment within 30 days after the suspension and comple ted without appreciable delay. The Department and Board shall h ave the authority to review the subject person's record of t reatment and counseling regarding the impairment, to th e extent permitted by applicable federal statutes and re gulations safeguarding the confidentiality of medical records. A person licensed under this Act and af fected under this Section shall be afforded an opportunity to demonstrate to the Department or Board that the person can resume practice in compliance with acceptable and prevailing standards under the provisions of the person's license. (h) The Department may adopt rules to imple ment the changes made by Public Act 102-1117 this amendatory Act of the 102nd General Assembly. (Source: P.A. 102-1117, eff. 1-13-23; 103 -715, eff. 1- 1-25; 103-1048, eff. 1-1-25; revise d 11-26-24.) Section 825. The Illi nois Dental Practice Act is amended by changing Sections 4 a nd 17.2 as follows: (225 ILCS 25/4

) (from Ch. 111, par. 2304) (Section scheduled to be repealed on January 1, 2026) Sec. 4. Definitions. As used in this Act: "Address of record" means the designated address recorded by the Depar tment in the applicant's or licensee's application fil e or license file as maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address and those changes must be made either through the Department's website or by contacting the Department. "De partment" means the Department of Financial and Professional Regulation. "Secretary" means the Secretary of Financial and Professional Regulation. " Board" means the Board of Dentistry. "Dentist" means a per son who has received a general license pursuant to subsection paragraph (a) of Sec tion 11 of this Act and who may perform any intraoral and extraoral procedure required in the practice of d entistry and to whom is reserved the responsibilities specified in Section 17. "Dental hygienist" means a person who holds a license under this Act to perform dental services as authorized by Section 18. "Dental ass istant" means an appropriately trained person who, under the su pervision of a dentist, provides dental services as aut horized by Section 17. "Expanded function den tal assistant" means a dental assistant who has completed the t raining required by Section 17.1 of this Act.

"Dental laboratory" means a person, firm, or corporati on which: (i) en gages in making, providing, repairing, or a ltering dental prosthetic appliances and other ar tificial materials and devices which are re turned to a dentist for insertion into the human oral ca vity or which come in contact with its adjacent stru ctures and tissues; and (ii) utilizes or employs a dental technician to provide such services; and

(iii) performs such functions only for a dentist or denti sts. "Supervision" means supervision of a dental hygien ist or a dental assistant requiring that a dentist aut horize the procedure, remain in the dental facility while t he procedure is performed, and approve the work performed by the dental hygienist or de ntal assistant before dismissal of the patient, but does not mean that the dentist must be present at all times i n the treatment room. "General sup ervision" means supervision of a dental hygienist requiring t hat the patient be a patient of recor d, that the dentist examine the patient in accordance wit h Section 18 prior to treatment by t he dental hygienist, and that the dentist authorize th e procedures which are being carried out by a notation in t he patient's record, but not requiring that a dentist be p resent when the authorized procedures are being perfor med. The issuance of a prescription to a dental laboratory by a dentist does not co nstitute general supervision. "Publi c member" means a person who is not a health professiona l. For purposes of board membership, any person with a sig nificant financial interest in a health service or profession is not a public member. "Dentistry" means the healing art which is concerned with the examination, diagnosis, treatment plan ning, and care of conditions within the human oral cavity a nd its adjacent tissues and structures, as further specified in Section 17. "Branches of dentistry" means the various specialties of dentistry which, for purposes of this Act, shall be limited to the fo llowing: endodontics, oral and maxillofacial surgery, orthodo ntics and dentofacial orthopedics, pediatric dentistry, periodontics, prosthodontics, oral and maxillofacial radiol ogy, and dental anesthesiology. "Special ist" means a dentist who has received a specialty license p ursuant to subsection (b) of Section 11 11(b). "Dental technician" means a person who owns, op erates, or is employed by a dental labo ratory and engages in making, providing, repairing, or altering dental prosthetic appliances and other artific ial materials and devices which are returned to a dentist for insertion into the human oral cavity or which come i n contact with its adjacent structures and tissues.

"Informed consent" means legally valid consent t hat is given by a patient or legal guardian, that is reco rded in writing or digitally, that authorizes intervention or treatment servic es from the treating dentist, and that documents agreemen t to participate in those services and knowledge of the risks, benefits, and alternatives, including the decision to withdr aw from or decline treatment. "Impaired dent ist" or "impaired dental hygienist" means a dentist o r dental hygienist who is unable to practice with reason able skill and safety because of a physical or mental disa bility as evidenced by a written determination or written consent based on clinical evidence, including deterioration through the aging p rocess, loss of motor skills, abuse of drugs or alcohol, o r a psychiatric disorder, of sufficient degree to diminish the person's ability to deliver competent patient care.

"Nurse" means a registered professional nurse, a c ertified registered nurse anesthetist licensed as an advanced p ractice registered nurse, or a licensed practical nurse licensed under the N urse Practice Act. "Patient of record ", except as provided in Section 17.2, means a patient for whom the patient's most recent dentist has obtained a relevant medical and dental history and on whom the de ntist has performed a physical examination within the las t year and evaluated the condition to be treated, including a review of the patient's most recent x-rays. "De ntal responder" means a dentist or dental hygienist who is appropriately certified in disaster preparedness, immuniza tions, and dental humanitarian medical response consistent w ith the Society of Disaster Medicine and Public Health and tra ining certified by the National Incident Management System o r the National Disaster Life Support Foundation. "Mobile dental van or portable dental unit" means any self-contained or portable dental unit in which de ntistry is practiced that can be moved, towed, or transported from one location to another in order to establish a location where dental services can be provided. "Public health dental hygienist" me ans a hygienist who holds a valid license to practice in the State, has 2 years of full-time clinical experience or an equivalent of 4,000 hours of clinical experience, and has completed at least 42 clock hours of addit ional structured courses in dental education in advanced area s specific to public health dentistry. "Pu blic health setting" means a federally qualified health center; a fe deral, State, or local public health facility; Head Start; a special supplemental nutrition program for Women, I nfants, and Children (WIC) facility; a certified school-based health center or school-based oral health program; a prison; or a long-term care facility. "Public health supervision" means the supervision of a public health dental hygienist by a licensed dentist who has a writt en public health supervision agreement with that public health dent al hygienist while working in an approved facility or progra m that allows the public health dental hygienist to treat p atients, without a dentist first examining the pati ent and being present in the facility during treatment, (1) who are eligible for Medicaid or (2) who are uninsured or whose household income is not greater than 300% of the federal pover ty level. "Teledentistry" means the use o f telehealth systems and methodologies in dentistry and includ es patient diagnosis, treatment planning, care, and education delivery for a patient of record using synchronous and asynchronous communications under an Illinois licensed dentist's author ity as provided under this Act. "Modera te sedation" means a drug-induced depression of con sciousness during which: (1) patients respond purposefully to verba l commands, either alone or accompanied by light tactile stimulation; (2) no interventions are required to maintain a patient's airway and spontaneous ventilation is adequate; and (3) cardiov ascular function is usually maintained. "De ep sedation" means a drug-induced depression of consciou sness during which: (1) patients cannot be easily aroused, bu t respond purposefully following repeated or painful stimulati on; (2) the ability to independently maintain ventilatory fu nction may be impaired; (3) patients may require assistance in maintaining airways and spontaneous ventilation may be inadequate; and (4) cardiovascula r function is usually maintained. "Gen eral anesthesia" means a drug-induced loss of conscio usness during which: (1) patients are not arousable, even by pa inful stimulation; (2) the ability to independently maintain ventilatory function is often impaired; (3) patients often require assistance in maintaining airways and positive pressure ventilation may be required be cause of depressed spontaneous ventilation or drug-induc ed depression of neuromuscular function; and (4) cardiova scular function may be impaired. "Venipu ncture" means the puncture of a vein as part of a medical p rocedure, typically to withdraw a blood sample or for an intravenous catheter for t he administration of medication or fluids. "Enteral route of administration" means administration of a drug that is absorbed through the gastrointestinal tract or through oral, rectal, or sublingual mucosa. "Parenteral route of administration" means administrat ion of a drug by which the drug bypasses the gastrointestinal tract through intramuscular, intravenous, intranasal, submucos al, subcutaneous, or intraosse ous methods. (Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff. 1-1-23; 103-425, e ff. 1-1-24; 103-431, eff. 1-1-24 ; 103-605, eff. 7-1-24; 103-628, eff. 7-1-24; 103-902, eff. 8-9-2 4; revised 10-10-24.) (225 ILCS 25/17.2) (Section scheduled to be repealed on January 1, 2026) Sec. 17.2. Teledentistry. (a) As used in this Sectio n, "patient of record" means a patient for whom the patien t's most recent Illinois-licensed dentist has obtained a relevant medical and dental history and on whom the dentist h as (i) performed a physical examination within the last ye ar; (ii) obtained relevant records that are appropriate fo r the type of teledentistry service being provided fro m an in-person examination within the previous 12 months, in cluding a review of the patient's most recent x-rays; or (iii) established a relationshi p with the patient through an exchange of protected health information for the purpose of providing emergency care, treatment, or services in accordance with subsection (c). (b) A dentist may only practice or utilize teledentistry on a patient of record. A dentist practicing dentistry through teledentistry is subject to the same standard of care and practice standards that are app licable to dental services provided in a clinic or office setting. A dentist may provide and delegate dental services using teledentistry only under the supervision requir ements as specified in this Act for in-person care. Prior to providing teledentistry services to a patient, a dentist must obtain informed consent from the patient as to the treatme nt proposed to be offered through teledentistry by the dentis t. A dentist providing teledentistry under this Section shall provide the patient with the hi s or her name, direct telephone number, and physical practice addres s. It is a violation of this Act for a provider of denta l services rendering care through teledentistry to require a patien t to sign an agreement that limits in any way the patient's ability to write a review of services received or file a compla int with the Department or other regulatory agency . The Department shall adopt rules to provide for the use of teledentistry in the State of Illinois. ( c) A dentist may treat a patient of record to provide emer gent care or conduct an initial consultation using teleden tistry for the purpose of treating or assessing for acute pain , infection, injury, or any intraoral or perioral condition that presents immediate harm or discomfort to the patient for which treatment cannot be postponed. A provider of dental service s rendering emergent care or conducting an initial consul tation through teledentistry must direct the patient to rec eive appropriate in-person care after the pr ovision of teledentistry services. (Source: P.A. 103-902, eff. 8-9-24; revised 10-21-24.) Sectio n 830. The Dietitian Nutritionist Practice Act is amended by changing Section 17 as follows: (225 ILCS 30/17) (Section scheduled to be repealed on January 1, 2028) Sec. 17. Other activities subject to licensure under this Act. (a) A licensed diet itian nutritionist may order patient or resident diets, incl uding therapeutic diets, in accordance with the following: (1) Enteral and parenteral n utrition therapy shall consist of enteral feedings or spe cialized intravenous solutions and shall only be performed by an individual licensed under this Act who: (a) is a registered dietiti an or registered dietitian nutritionist currently registered with the Commission on Dietetic Registration; (b) is a certified nutrition support clinician as currently credentialed by the National Board of Nutrition Support Certific ation; or (c) meets the requirements set forth in rules that the Department may esta blish as necessary to implement this Section to be consistent with compet encies necessary for evaluating, ordering, and administering administrating enteral and parenteral nutrition therapies. (2) Noti fication to the patient's physician and appropriate record retention, or pursuant to the protocols, policies, or proce dures of a health care facility, as defined in the Illinois Health Facilities Planning Act, in which the se rvices are provided. (b) Developing and managing food service operations whose chief functi on is nutrition care or that are otherwise utilized in the management or treatment of diseases or medical conditio ns shall only be performed by an individual licensed under this Act with competencies in the management of health care food service. (c) A licensed dietitian nutr itionist may order oral therapeutic diets. (d) A licensed dietitian nutritionist shall provide nutrition care services using systematic, evidence-based problem solving methods of the nutrition care process t o critically think and make decisions to address nutrition-related problems and provide safe, effective, and quality nutrition services, including medical nutrition therapy, for individual s in clinical and community settings.(Source: P.A. 102-945, eff. 1-1 -23; revised 8-6-24.) Sect ion 835. The Massage Therapy Practice Act is amend ed by changing Section 45 as follows: (225 ILCS 57/45) (Section scheduled to be repealed on January 1, 2027) Sec. 45. Grounds for discipline.

(a) The Departmen t may refuse to issue or renew, or ma y revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action, as t he Department considers appropriate, including the imposi tion of fines not to exceed $10,000 for each vi olation, with regard to any license or licensee for any one or mor e of the following: ( 1) violations of this Act or of the rules adopted under this Act; (2) conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, c onvictions, preceding sentences of supervision, conditional discharge, or fi rst offender probation, under the laws of any jurisdiction of the United States: (i) that is a felony; or (ii) that i s a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of the profession;

(3) professional incompetence; (4) advertising in a false , deceptive, or misleading manner, including failing to use the massage therapist's own license number in an advertise ment; (5) aiding, abetting, a ssisting, procuring, advising, employing, or contracting with any unlicensed person to practice massage contrary to an y rules or provisions of this Act; (6) engaging in immoral conduct in the commission of any act, such as sex ual abuse, sexual misconduct, or sexual explo itation, related to the licensee's practice; (7) engaging in dishonorable, unethica l, or unprofessional conduct of a character likely to de ceive, defraud, or harm the public; (8) practicing or offering to practi ce beyond the scope permitted by law or accepting and p erforming professional responsibilities which the li censee knows or has reason to know that he or she is not competent to perform; (9) knowingly delega ting professional responsibilities to a person unqualified by trai ning, experience, or licensure to perform; (10) failing to provide information in response to a written request made by the Department within 60 days; (11) having a habitual or excessive use of or addiction to alcohol, narcotics, st imulants, or any other chemical agent or drug which resu lts in the inability to practice with re asonable judgment, skill, or safety; (12) having a pattern of practice or oth er behavior that demonstrates incapacity or incompetence to practice under this Act; (13) discipline by another state, District of Columbia, territory, or for eign nation, if at least one of the grounds for the discip line is the same or substantially equivalent to those se t forth in this Section; (14) a finding by the Department that the licens ee, after having his or her license placed on probatio nary status, has violated the terms of probation; (15) willfully making or filing false records or r eports in his or her practice, including, but not limited to, fals e records filed with State agencies or departments;

(16) making a material misstatement in furnishing infor mation to the Department or otherwise making mislead ing, deceptive, untrue, or fraudulent representations in v iolation of this Act or otherwise in the practice of the profession; (17) fraud or misrepresentation in applying for or procuring a license under this Act or in c onnection with applying for renewal of a license under th is Act; (1 8) inability to practice the profession with reasona ble judgment, skill, or safety as a result of physical illn ess, including, but not limited to, deteriorat ion through the aging process, loss of motor skill, or a mental illness or disability; (19) charging for professio nal services not rendered, including filing false state ments for the collection of fees for which services are not rendered; (20) practicing under a f alse or, except as provided by law, an assumed name; or (21) cheating o n or attempting to subvert the licensing ex amination administered under this Act. All fines shall be paid within 60 days of the effective date of the order imposing the fine. (b) A person not l icensed under this Act and engaged in the business of offerin g massage therapy services through others, shall not aid, abet, assist, procure, advise, employ, or contract with any unlicensed person to practice massage therapy contrary to any rules or prov isions of this Act. A person violating this subsectio n (b) shall be treated as a licensee for the purposes of disciplinary action under this Section and sh all be subject to cease and desist orders as provided i n Section 90 of this Act. (c) The Departme nt shall revoke any license issued under this Act of any per son who is convicted of prostitution, rape, sexual misco nduct, or any crime that subjects the licensee to compliance with the r equirements of the Sex Offender Registration Act and any su ch conviction shall operate as a permanent bar in the Sta te of Illinois to practice as a massage therapist. (c-5) A prosecuting attorney shall provide notice to the Department of the licensed massage therapist's name, ad dress, practice address, and license number and a copy of the crim inal charges filed immediately after a licensed massage ther apist has been charged with any of the following offenses: (1) an offense for which the sentence includes registration as a sex offender; (2) involuntary sexual ser vitude of a minor; (3) t he crime of battery against a patient, including any offense based on sexual conduct or sexual penetration, in the cour se of patient care or treatment; or

(4) a forcible felony. If the vic tim of the crime the licensee has been charged with is a patien t of the licensee, the prosecuting attorney shall also provide notice to the Department of the patient's name. Within 5 business days after receiving notice from the prosecuting attorney of the filing of criminal charges against the licensed massage t herapist, the Secretary shall issue an administrative order tha t the licensed massage therapist shall practice only with a ch aperone during all patient encounters pending the outco me of the criminal proceedings. The chaperone shall be a lic ensed massage therapist or other health care worker licensed by the Department. The administ rative order shall specify any other terms or conditi ons deemed appropriate by the Secretary. The chaperone shall provide written notice to all of the licensed massage therapist's patients expla ining the Department's order to use a chaperone. Each patien t shall sign an acknowledgment that the patient they received the notice. The notice to the patient of criminal charges shall include, in 14-point font, the following statement: "The massag e therapist is presumed innocent until proven guilty of the charges.". The licensed massage therapist s hall provide a written p lan of compliance with the administrative order that is acceptable to the Department within 5 business days after rece ipt of the administrative order. Failure to comply with the a dministrative order, failure to file a compliance plan, or fail ure to follow the compliance plan shall subject the licensed massage therapist to temporary suspension of his or her license until the completion of the criminal proceedings. If the licensee is not convicted of the charge or if any conviction is later overturned by a reviewing court, the administrative order shall be vacated and removed from the l icensee's record. The Department may adopt ru les to implement this subsection. (d) The De partment may refuse to issue or may suspend the license of any person who fails to file a tax return, to pay the tax, penalty, or interest shown in a filed tax re turn, or to pay any final assessment of tax, penalty, or intere st, as required by any tax Act administered by the Illinois De partment of Revenue, until such t ime as the requirements of the tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Civil Administrative Code of Illinois.

(e) (Blank). (f) In cases where the Department of Healthcare and Family Services has previously d etermined that a licensee or a potential licensee is more t han 30 days delinquent in the payment of child support and ha s subsequently certified the delinquency to the Department, the Department may r efuse to issue or renew or may revoke or suspend that per son's license or may take other disciplinary action again st that person based solely upon the certification of delin quency made by the Department of Heal thcare and Family Services in accordance with ite m (5) of subsection (a) of Sec tion 2105-15 of the Civil Administrative Code of Ill inois. (g) The determination by a circuit court that a licensee is subject to involuntary admission or j udicial admission, as provided in the Mental Health and Devel opmental Disabilities Code, operates as an automatic suspension. The suspension will end only upon a finding by a c ourt that the patient is no longer subject to involuntary admis sion or judicial admission and the issuance of a court order so finding and dischargin g the patient. (h) In enforcing this Act, the Department or Board, upon a showing of a possible violation, may compel an individ ual licensed to practice under this Act, or who has applie d for licensure under this Act, to submit to a mental or phy sical examination, or both, as required by and at the expens e of the Department. The Department or Board may order the exa mining physician to present testimony concerning the menta l or physical examination of the licensee or applicant. No info rmation shall be excluded by reason of any common law or st atutory privilege relating to communications between the licensee or a pplicant and the examining physician. The examining physicians shall be specifically designated by the Board or Department. The individual to be examined may have, at his or her own expense, another physician of his or her choice pr esent during all aspects of this examination. The examination s hall be performed by a physician licensed to practice medi cine in all its branches. Failure of an individual to submit t o a mental or physical examination, when directed, shall resu lt in an automatic suspension w ithout hearing. A person holding a licens e under this Act or who has applied for a license under th is Act who, because of a physical or mental illness or disab ility, including, but not limited to, deterioration through the aging process or loss of motor skill, is unable to practice the profession with reasonable judgment, skill, or safety, may be required by the Department to submit to care, cou nseling, or treatment by physicians approved or design ated by the Department as a condition, term, or restriction f or continued, reinstated, or renewed licensure to practice. Submission to care, counseling, or treatment as requir ed by the Department shall not be considered discipline of a license. If the licensee refuses to enter into a care, counse ling, or treatment agreement or fails to abide by the terms of the agreement, the Department may file a complaint to r evoke, suspend, or otherwise discipline the license of the individual. The Secretary may order the license susp ended immediately, pending a hearing by the Department. Fines s hall not be assessed in disciplinary actions involving phy sical or mental illness or impairment. In instances in which the Secretary immediately suspends a person's license under this Section, a hearing on that person's license must be convene d by the Department within 15 days after the suspension and c ompleted without appreciable delay. The Department and Board shall have the authority to review the subject individual's r ecord of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and reg ulations safeguarding the confidentiality of medical records. An individual licensed under this Act and af fected under this Section shall be afforded an opportunity to demonstrate to the Department or Board that he or she can re sume practice in compliance with acceptable and prevailing s tandards under the provisions of his or her license.(Source: P.A. 102-20, eff. 1-1-22; 103 -757, eff. 8-2-24; revised 10-21-24.) Se ction 840. The Medical Practic e Act of 1987 is amended by changing Sections 18 and 22 as follows: (225 ILCS 60/18) (from Ch. 111, par. 4400-18) (Section scheduled to be repe aled on January 1, 2027) Sec. 18. Visiting professor, physician , or resident permits. (A ) Visiting professor permit. (1) A visiting professor permit shall entitle a person to practice medicine in all of its branches or to pra ctice the treatment of human ailments without the use of drugs and without operative surgery provided: (a) the person maintains an equ ivalent authorization to practice medicine in all of its branches or to practice the treatmen t of human ailments without the use of drugs and without operative surgery in good standing in his or her native licensing jurisdiction during the period of the visiting professor permit; (b) the person has received a faculty appointment to teach in a medical, osteopathic, or chiropr actic school in Illinois; and (c) the Department may prescribe the informati on necessary to establish an applicant's eligibility for a permit. This informati on shall include without limitation (i) a statement from the dean of the medical school at which the applicant will be employe d describing the applicant's qualifications and (ii) a state ment from the dean of the medical school listing every affili ated institution in which the applicant will be providing i nstruction as part of the medical school's education prog ram and justifying any clinical activities at each of the institution s listed by the dean.

(2) Application for visiting professor perm its shall be made to the Department, in writing , on forms prescribed by the Department and sh all be accompanied by the required fee establishe d by rule, which shall not be refundable. Any applicati on shall require the information as, in the judgment of the Department, will enable the Department to pass on the qual ifications of the applicant. (3) A v isiting professor permit shall be valid for no longer than 2 years from the date of issuance or until the time the faculty appointment is terminated, whichever occurs f irst, and may be renewed only in accordance with subdivision (A)(6) of this Section. (4) The applicant may be require d to appear before the Medical Board for an interview prior to, and as a requirement for, the issuance of t he original permit and the renewal. (5) Persons holding a permit under this Section shall only practice medicine in all of it s branches or practice the treatment of human ailment s without the use of drugs and with out operative surgery in the State of Illinois in their off icial capacity under their contract within the medical scho ol itself and any affiliated institution in which the permi t holder is providing instruction as part of the medical school's educational program and for which the medical s chool has assumed direct responsibility. (6) After the initial renewal of a visiting professor pe rmit, a visiting professor permit shall be valid until the l ast day of the next physician license renewal period, as se t by rule, and may only be renewed for applicants who meet the following requirements: (i) have obtained the required continuing educat ion hours as set by rule; and (ii) have paid the fee prescribed for a license under Section 21 of this Act. F or initial renewal, the visiting professor must successfully pass a general competency examination aut horized by the Department by rule, unless he or she was is sued an initial visiting professor permit on or after Jan uary 1, 2007, but prior to July 1, 2007.

(B) Visiting physician permit. (1) The Department may, in its di scretion, issue a temporary visiting physician permit, wi thout examination, provided:

(a) (blank); (b) that the pers on maintains an equivalent authorization to practice medicin e in all of its branches or to practice the treatment of human ailments without the use of drugs and without operati ve surgery in good standing in his or her native licensing jurisdiction during the period of the temporary visiting physi cian permit;

(c) that the person has received an invitation or appointment to study, demonstrate, or perform a specific medical, osteopath ic, chiropractic, or clinical subject or technique in a medical, osteopathic, or chiropractic school, a state or national medical, osteopath ic, or chiropractic professional association or society co nference or meeting, a hospital licensed under the Hospital Lic ensing Act, a hospital organized under the University of Illinois Hospital Act, or a facility operated pursuant to th e Ambulatory Surgical Treatment Center Act; and (d) that the temporary vis iting physician permit shall only permi t the holder to practice medicine in all of its branch es or practice the treatment of human ailments without t he use of drugs and without operative surgery wit hin the scope of the medical, osteopathic, chir opractic, or clinical studies, or in conjuncti on with the state or national medical, osteopathi c, or chiropractic professional association or society conference or meeting, for which the holder was invited or appoint ed. (2) The application for the temporary visiting physician permit shall b e made to the Department, in writing, on forms prescribed by the De partment, and shall be accompanied by the re quired fee established by rule, which shall not be refundable. The application shall require in formation that, in the judgment of the Department, will enable the Department to pass on the quali fication of the applicant, and the necessity f or the granting of a temporary visiting physician p ermit. (3) A tempora ry visiting physician permit shall be valid f or no longer than (i) 180 days from the date of issuance or ( ii) until the time the medical, osteopathic, chiropra ctic, or clinical studies are completed, or the state o r national medical, osteopathic, or chiropract ic professional association or society conference o r meeting has concluded, whichever occurs first. The t emporary visiting physician permit may be issued multiple times to a visiting physician under this par agraph (3) as long as the total number of days it is ac tive does do not exceed 180 days within a 365-day period.

(4) The applicant for a temporary visiting physician permit may be required to appear before the Medical Board for an interview pri or to, and as a requirement for, the issuance of a te mporary visiting physician permit. (5) A limited temporary visiting physician permit shall be issued to a physician licensed i n another state who has been requested to perform emergency procedures in Illino is if he or she meets the requirements as established by rule. (C) Visiting reside nt permit. (1) The Depa rtment may, in its discretion, issue a temporary visitin g resident permit, without examination, provided:

(a) (blank); (b) that the person ma intains an equivalent authorization to practice medicine i n all of its branches or to practice the treatment of hum an ailments without the use of drugs and without operative surgery in good standing in his or her nat ive licensing jurisdiction during the period of the temporary visiting resident permit;

(c) that the applicant is enrolled in a postgraduate clini cal training program outside the State of Illinois that i s approved by the Department; (d) that the individual has been invited or appointed for a speci fic period of time to perform a portion of that post grad uate clinical training program under the supervision of an Illinois licensed physician in an Illinois pati ent care clinic or facility that is affiliated with the out-of-State post graduate training progra m; and (e) that the temporary visiting resident permit shall only permit the holder to practice medicine in all of its branches or practice the treatment of human ail ments without the use of drugs and without operative sur gery within the scope of the medical, osteopathic , chiropractic, or clinical studies for which the holder was invited or ap pointed. (2) T he application for the temporary visiting resident perm it shall be made to the Department, in writing, on forms prescrib ed by the Department, and shall be accompanied by th e required fee established by rule. The application shall require information that, in the judgment of the Department, will enable the Department to pass on the qualifications of the applica nt. (3) A temporar y visiting resident permit shall be valid for 18 0 days from the date of issuance or until the time the medical, osteopathic, chiropractic, or clinical studies are completed, whichever occurs first. (4) The applicant for a temporary visiting r esident permit may be required to appear before the Medical Board for an interview prior to, and as a requirement for, the issuance of a temporary visiting resident per mit. ( D) Postgraduate training exemption period; visiting rotations. A person may participate in visiting rotations in an appro ved postgraduate training program, not to exceed a total of 90 days for all rotations, if the following information is submit ted in writing or electronically to the Department b y the patient care clinics or facilities where the person will be performing the training or by an affiliated prog ram: (1) The person who has been invited or appointed to perform a portion of their postgraduate clinical training program in Illinois. (2) The name and address of the prima ry patient care clinic or facility, the date the training is to begin, and the length of time of the invitation or appointment. (3) The name and license num ber of the Illinois physician who will be responsible for supervising the trainee and the medical director or divisi on director of the department or facility. (4) Certification from the postgraduate training program that the per son is approved and enrolled in a an graduate training program approve d by the Department in their home state. (So urce: P.A. 102-20, eff. 1-1-22; 103 -551, eff. 8-11-23; revised 8-6-24.) (2

25 ILCS 60/22) (from Ch. 111, par. 4400

-22) (Section scheduled to be repealed on Jan uary 1, 2027) Sec. 22. Disciplinary action. (A) The Department may revoke, suspend, place on probation, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary action as the Depa rtment may deem proper with regard to the license or p ermit of any person issued under this Act, including i mposing fines not to exceed $10,000 for each violation, u pon any of the following grounds:

(1) (Blank). (2) (Blank). (3) A plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or sentenc ing, including, but not limited t o, convictions, preceding sentences of supervision, conditional discharge, or first offender p robation, under the laws of any jurisdiction of the United States of any crime that is a felony. (4) Gross negligence in practice under this Act. (5) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public. (6) Obtaining any fee by fraud, deceit, or mi srepresentation. (7) Habi tual or excessive use or abuse of drugs defined in law as c ontrolled substances, of alcohol, or of any other substan ces which results in the inability to practice with reasonable judgment, skill, or safety. ( 8) Practicing under a false or, except as provid ed by law, an assumed name. (9) Fraud or misrepresentation in applying for, or procuring, a license under this Act or i n connection with applying for renewal of a license under this Act. (10) Mak ing a false or misleading statement regarding their skill or the efficacy or value of the medicine, treatment, or re medy prescribed by them at their direction in the treatment of any disease or other condition of the body or mind. (11) Allowin g another person or organization to use their lice nse, procured under this Act, to practice. (12) Adverse action taken by another state or jurisdiction against a license or other authorization to practice as a medical doctor, d octor of osteopathy, doctor of osteopathic medicine, o r doctor of chiropractic, a certified copy of the record of the action taken by the other state or jurisdiction be ing prima facie evidence thereof. This includes any adverse action taken by a Stat e or federal agency that prohibits a medical doctor, doctor o f osteopathy, doctor of osteopathic medicine, or do ctor of chiropractic from providing services to the agenc y's participants. (13) Violation of any provision of this Act or of the Medical Practice Act prior to the repeal of that Act, or violation of the rules, or a fin al administrative action of the Secretary, after consi deration of the recommendation of the Medical Board.

(14) Violation of the prohibi tion against fee splitting in Section 22.2 of this Act. (15) A fin ding by the Medical Board that the registrant after having his or her license plac ed on probationary status or subjected to conditions or restrictions violated the terms of the probation or f ailed to comply with such terms or conditions. (16) Abandonment of a patient. (17) Prescribing, sel ling, administering, distributing, giving, or self-administering any drug classified as a controlled substan ce (designated product) or narcotic for other than medical ly accepted therapeutic purposes.

(18) Promotion of the sale of drugs, devices , appliances, or goods provided for a patien t in such manner as to exploit the patient for financial gai n of the physician. (1 9) Offering, undertaking, or agreeing to cure or treat di sease by a secret method, procedure, treatmen t, or medicine, or the treating, operating, or prescribing for any human condition by a method, means, or procedure wh ich the licensee refuses to divulge upon demand of the Department. (20) Immoral cond uct in the commission of any act, including, but not limited to, commission of an ac t of sexual misconduct related to the licensee's practice. (21) Willfully making or filing fal se records or reports in his or her practice as a physician, inclu ding, but not limited to, false records to suppo rt claims against the medical assistance program of the Dep artment of Healthcare and Family Services (formerly Depart ment of Public Aid) under the Illinois Public Aid Code. (22) W illful omission to file or record, or willfully impe ding the filing or recording, or inducing another person to omit to file or record, medical reports as required by law, or willfully failing to report an instance of suspected abuse or neglect as required by law. (23) Being named as a perpetrator in an indicated report by the Department o f Children and Family Services under the Abused and Neglect ed Child Reporting Act, and upon proof by clear and convincing evidence that the licensee ha s caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act. (24) Solicitation of professional patronage by any corporatio n, agents, or persons, or profiting from those represen ting themselves to be agents of the licensee. (25) Gross and willful and co ntinued overcharging for professional services, including filing false statements for collection of fees for which services are not rendered, including, but not limited to, filing such false s tatements for collection of monies for services not rendered from the medical assistance program of the Department of Healthcare and Family Services (formerly Departme nt of Public Aid) under the Illinois Public Aid Cod e. (26) A pattern of practice or other behavior which demonstrates incapacity or incompetence to practice und er this Act. (27) Ment al illness or disability which results in the inability to practice under this Act with reasonable judgment, skill, or safety.

(28) Physical illness, including, but not limited to, d eterioration through the aging process, or loss of motor skill which results in a physician's inability to practice under this Act with reasonable judgment, skill, or safety. (29) Cheating on or attempting to sub vert the licensing examinations administered under this Act.

(30) Willfully or neg ligently violating the confidentiality between phy sician and patient except as required by law. (31) The use of any false, frau dulent, or deceptive statement in any document conne cted with practice under this Act. (32) Aiding and abetting an individual no t licensed under this Act in the pr actice of a profession licensed under this Act. (33) Violating State or federal laws or regulations relating to control led substances, legend drugs, or ephedra as defined in the Ep hedra Prohibition Act. (34) Failure to report to the Department any adverse final action taken against them by another licensing jurisd iction (any other state or any territory of the United Sta tes or any foreign state or country), by any peer review bo dy, by any health care institution, by any professional society or association related t o practice under this Act, by any governmental agenc y, by any law enforcement agency, or by any court for acts or conduct similar to acts or conduct which would constitute grounds for action as defined in this Section. (35) Failure to report to the D epartment surrender of a license or authorization to pract ice as a medical doctor, a doctor of osteopathy, a docto r of osteopathic medicine, or doctor of chiropractic in another state or jurisdiction, or surrend er of membership on any medical staff or in any medical or professional association or society, while under disciplinary investigation by any of those authorit ies or bodies, for acts or conduct similar to acts o r conduct which would constitute grounds for action as defined in this Section. (36) Failure to report t o the Department any adverse judgment, settlement, or award arising from a liability claim related to acts or conduct similar to acts or conduct which would const itute grounds for action as defined in this Section. (37) Failure to provide c opies of medical records as required by law. (38) Failure to furnish the Dep artment, its investigators or representatives, relevant in formation, legally requested by the Department after consultation wi th the Chief Medical Coordinator or the Deputy Medical Coord inator. (39) Viol ating the Health Care Worker Self-Referral Act. (40) (Blank). (41) Failure to establish and maintain records of patient care and treatment as requi red by this law. (42) E ntering into an excessive number of written collaborative agreements with licensed advanced practice registered nurses resulting in an inability to adequately collaborate. (43) Repeated failure to ad equately collaborate with a licensed advanced practice r egistered nurse.

(44) Violating the Compassionate Use of Medical Canna bis Program Act. ( 45) Entering into an excessive number of written collaborat ive agreements with licensed prescribing psych ologists resulting in an inability to adequately c ollaborate. (46) Repe ated failure to adequately collaborate with a licensed prescribing psychologist. (47) Willfully failing to report an i nstance of suspected abuse, neglect, financial exploitation, or self-neglect of an eligible adult as defined in and required by the Adult Pro tective Services Act. (48) Being named as an abuser in a verified report by the Department on Aging un der the Adult Protective Services Act, and upon proof by clear and convincing evidence that the licensee abused, neglected, or financially exploited an eligible adult as d efined in the Adult Protective Services Ac t. (49) Entering into an excessive number of written collaborative agreements with licensed physici an assistants resulting in an inability to adequately collaborate. (50) Repeated failure to adequately collaborate with a physi cian assistant. Except for actio ns involving the ground numbered (26), all proceedings to suspend, revoke, place on probationary status, or take any other disciplinary action as the Departm ent may deem proper, with regard to a license on any of the foreg oing grounds, must be commenced within 5 years next af ter receipt by the Department of a complaint alleging the commission of or notice of the conviction order for a ny of the acts described herein. Except for the grounds numbered (8), (9), ( 26), and (29), no action shall be commenced more than 10 yea rs after the date of the incident or act alleged to have violated this Section. For actions involving th e ground numbered (26), a pattern of practice or other behavior includes all incidents alleged to be part o f the pattern of practice or other behavior that occurred, or a report pursuant to Section 23 of this Act received, w ithin the 10-year period preceding the fili ng of the complaint. In the event of the settlement of any claim or cause of action in favor of the claimant or the reduction to final judgment of any civ il action in favor of the plaintiff, suc h claim, cause of action, or civil action being grounded on the allegation that a person licensed under this Act was negl igent in providing care, the Department shall have an additi onal period of 2 years from the date of notification to the De partment under Section 23 of this Act of such settlement or f inal judgment in which to investigate and commence formal disci plinary proceedings under Section 36 of this Act, except as o therwise provided by law. The time during which the holder o f the license was outside the State of Illinois shall not be inc luded within any period of time limiting the commencement of disciplinary action by the Department. The entry of an order or judgment by any circuit court estab lishing that any person holding a license under this Act is a pe rson in need of mental treatment operates as a suspension of t hat license. That person may resume his or her practice only upon the entry of a Departmental order based upon a finding by the Medical Board that the person has been determined to be recov ered from mental illness by the court and upon the Medical Boa rd's recommendation that the person be permitted to resume his or her practice. The Department may ref use to issue or take disciplinary action concerning the li cense of any person who fails to file a return, or to pay the tax, penalty, or interest shown in a filed return, or to pay an y final assessment of tax, penalty, or interest, as required b y any tax Act administered by the Illinois Department of Reven ue, until such time as the requirements of any such tax Act are satisfied as determined by the Illinois Department of Revenue . The Department, upon the recommendation o f the Medical Board, shall adopt rules which set forth stand ards to be used in determining:

(a) when a person will be deemed sufficiently reha bilitated to warrant the public trust; (b) what constitutes dishonorable, unethic al, or unprofessional conduct of a character likely to dece ive, defraud, or harm the public; (c) what constitutes immoral conduct in the commissi on of any act, including, but not limited to, commission of an act of sexual misconduct related to the licensee's practice ; and (d) what consti tutes gross negligence in the practice of medicine.

However, no such rule shall be admissible into eviden ce in any civil action except for review of a licensing or oth er disciplinary action under this Act. In enforcing this Section, the Medical Board, upon a showi ng of a possible violation, may compel any individual who is licensed to practice under this Act or holds a permit to practice under this Act, or any individual who has appl ied for licensure or a permit pursuant to this Act, to submit to a mental or physical examination and evalu ation, or both, which may include a substance abuse or sexual offender evaluation, as required by the Medical Board and at t he expense of the Department. The Medical Board shall s pecifically designate the examining physician licensed to practice medicine in all of its branches or, if applicabl e, the multidisciplinary team involved in providing the menta l or physical examination and evaluation, or both. The mu ltidisciplinary team shall be led by a physician licen sed to practice medicine in all of its bran ches and may consist of one or more or a combination of phys icians licensed to practice med icine in all of its branches, licensed chiropractic physici ans, licensed clinical psychologists, licensed clinical soc ial workers, licensed clinical professional counselors , and other professional and administrative staff. An y examining physician or member of the multidisciplinary team m ay require any person ordered to submit to an examination an d evaluation pursuant to this Section to submit to any addition al supplemental testing deemed necessary to complete any ex amination or evaluation process, including, but not limited to , blood testing, urinalysis, psychological testing, or neurop sychological testing. The Medical Board or the Department m ay order the examining physician or any member of the multidisc iplinary team to provide to the Department or the Medical Bo ard any and all records, including business records, that r elate to the examination and evaluation, including any supple mental testing performed. The Medical Board or the Department may order the examining physician or any member of the mul tidisciplinary team to present testimony concerning this exa mination and evaluation of the licensee, permit holder, or applicant, including testimony concerning any supplemental testing or documents relating to the examination and eval uation. No information, report, record, or other documents in any way related to the examination and evaluation shall be exc luded by reason of any common law or statutory privilege relating to communication between the licensee, permit ho lder, or applicant and the examining physician or any mem ber of the multidisciplinary team. No authorization is nece ssary from the licensee, permit holder, or applicant or dered to undergo an evaluation and examination for the ex amining physician or any member of the multidisciplinary te am to provide information, reports, records, or other docum ents or to provide any testimony regarding the examination and evaluation. The individual to be examined may have, at his o r her own expense, another physician of his or her choice prese nt during all aspects of the examination. Failure of any indi vidual to submit to mental or physical examination and eval uation, or both, when directed, shall result in an automat ic suspension, without hearing, until such time as the in dividual submits to the examination. If the Medical Board f inds a physician unable to practice following an examinat ion and evaluation because of the reasons set forth in this Section, the Medical Board shall require such physician to sub mit to care, counseling, or treatment by physicians, or othe r health care professionals, approved or designated by the Medical Board, as a condition for issued, continued, r einstated, or renewed licensure to practice. Any physician, who se license was granted pursuant to Section 9, 17, or 19 of t his Act, or, continued, reinstated, renewed, disciplined, or s upervised, subject to such terms, conditions, or restrictions who shall fail to comply with such terms, conditions, or restrictions, or to complete a required program of ca re, counseling, or treatment, as determined by the Chief Medica l Coordinator or Deputy Medical Coordinators, shall be ref erred to the Secretary for a determination as to whether the licensee shall have his or her license suspended immedia tely, pending a hearing by the Medical Board. In instances in which the Secretary immediately suspends a license under this Section, a hearing upon such person's license must be convened by the Medical Board within 15 days after such suspension and c ompleted without appreciable delay. The Medical Board shall hav e the authority to review the subject physician's record of treatment and counseling regarding the impairment, to the extent permitted by applicable federal statutes and regulati ons safeguarding the confidentiality of medical records. An individual licensed under this Act, affected under this Section, shall be afforded an opportunity to demo nstrate to the Medical Board that he or she can resume pract ice in compliance with acceptable and prevailing standards unde r the provisions of his or her license. The Medical Board, in determining mental capacity of an individu al licensed under this Act, shall consider the latest recommen dations of the Federation of State Medical Boards. The Department may promulgate rules for the impositi on of fines in disciplinary cases, not to exceed $10,000 for each violation of this Act. Fines may be imposed in conjunction with other forms of disciplinary action, but shall not be the exclusive disposition of any disciplinary a ction arising out of conduct resulting in death or injury to a patient. Any funds collected from such fines shall be dep osited in the Illinois State Medical Disciplinary Fund.

All fines imposed under this Secti on shall be paid within 60 days after the effective date of t he order imposing the fine or in accordance with the t erms set forth in the order imposing the fine. (B) The Department shall revoke the license or permit issued under this Act to practice medicine of or a chiropractic physician who has been convicted a second time of committing any felony under the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act, o r who has been convicted a second time of committing a Class 1 felony under Se ctions 8A-3 and 8A-6 of the Illinois Public Ai d Code. A person whose license or permit is revoked under th is subsection (B) B shall be prohibited from practicing medicine or treating human ailments without the use of drugs and without operative surgery. (C) The Department shall not revoke, suspend, place on probation, reprimand, refuse to issue or r enew, or take any other disciplinary or non-d isciplinary action against the license or permit issued un der this Act to practice medicine to a physician: (1) based solely upon the recommendation o f the physician to an eligibl e patient regarding, or prescription for, or treatment with, an investigational drug, biological product, or device; (2) for experimental treatment for Lyme disease or other ti ck-borne diseases, including, but not limited to, the pre scription of or treatment with long-term antibiotics; (3) based solely upon the physician providing, authorizing, recommending, aiding, assisting, refer ring for, or otherwise participating in any health care servi ce, so long as the care was not unlawful under the laws of this State, regardless of whether the patient was a resident of this State or another state; or (4) based upon the physicia n's license being revoked or suspended, or the physicia n being otherwise disciplined by any other state, if that re vocation, suspension, or other form of discipline was based sole ly on the physician violating another state's laws prohibitin g the provision of, authorization of, recommen dation of, aiding or assisting in, referring for, or p articipation in any health care service if that health care service as provided would not have been unl awful under the laws of this State and is consistent with the stand ards of conduct for the physician if it occurred in Illin ois. (D) (Blank). (E) The c onduct specified in subsection (C) shall not trigger r eporting requirements under Section 23, co nstitute grounds for suspension under Section 25, or be included on the physician's profile required under Se ction 10 of the Patients' Right to Know Act. (F) An applicant seeking licensure, certifi cation, or authorization pursuant to this Act and who has been subject to disciplinary action by a duly authorized professional discip linary agency of another jurisdiction solely on the basis o f having provided, authorized, recommended, aided, assisted , referred for, or otherwise participated in health car e shall not be denied such licensure, certification, or aut horization, unless the Department determines that the act ion would have constituted professional misconduct in this State; however, nothing in this Section shall be construed as prohibiting the Department from ev aluating the conduct of the applicant and making a deter mination regarding the licensure, certification, or authori zation to practice a profession under this Act. (G) The Department may adopt r ules to implement the changes made by Public Act 102-1117 this amendatory Act of the 102nd General Assembly. (So urce: P.A. 102-20, eff. 1-1-22; 102-558 , eff. 8-20-21; 102- 813, eff. 5-13-22; 102-1117, eff. 1-13-23; 103-442, eff. 1-1-24; revi sed 10-22-24.) Section 845. The Pharmacy Practice Act is amended by changing Section 3 as follows: (225 ILCS 85/3) (Section sch eduled to be repealed on January 1, 2028) Sec. 3. Definitions. For the purpose of this Act, except where ot herwise limited therein: (a) "Pharmacy" or "d rugstore" means and includes every store, shop, pharmacy department, or other pl ace where pharmacist care is provided by a pharmacist (1) where drugs, medicines, or poisons are dis pensed, sold or offered for sale at retail, or displ ayed for sale at retail; or (2) where prescriptions of physicians, dentists, advanced practice registered nurses, physician assistants, veterinarians, podiatric physicians, or optometrists, within the limits of their licenses, are compounded, filled, or dispensed; or (3) which has upon it or displayed within it, or affixed to or used in connection with it, a sign bearing the word or words "Pharmacist", "Druggist", "Pharmacy", "P harmaceutical Care", "Apothecary", "Drugstore", "Medicine Store", "Prescriptions", "Drugs", "Dispensary", "Medici nes", or any word or words of similar or like import, either in the Engl ish language or any other language; or (4) where the characteristic prescription sign (Rx) or similar design is exhibited; or (5) any store, or shop, or other place with respect to which any of the above words, objects, signs or designs are used in any advertisement. (b) "Drugs " means and includes (1) articles recognized in the off icial United States Pharmacopoeia/National Formulary (USP/NF) , or any supplement thereto and being intended for and having for their main use the diagnosis, cure, mitigation, treat ment or prevention of disease in man or other animals, as approved by the United States Food and Drug Administrat ion, but does not include devices or their components, parts , or accessories; and (2) all other articles intended for and having for their main use the diagnosis, cure, mitigation, trea tment or prevention of disease in man or other animals, as approved by the United States Food and Drug Administration , but does not include devices or their components, parts, or accessories; and (3) articles (other than food) having for t heir main use and intended to affect the structure or any func tion of the body of man or other animals; and (4) articles ha ving for their main use and intended for use as a component or any articles specified in clause (1), (2) or (3); but does n ot include devices or their components, parts or accessories. (c ) "Medicines" means and includes all drugs intended for hu man or veterinary use approved by the United States Food and Drug Administration. (d) "Practice of pharma cy" means: (1) the inter pretation and the provision of assistance in the monitoring, ev aluation, and implementation of prescription drug orders; (2) the dispensing of pres cription drug orders; (3) participation in drug and device selection; (4) drug administration limited to th e administration of oral, topical, injectable, and inhalatio n as follows: (A) in the context of patient education on the proper use or de livery of medications;

(B) vaccination of patients 7 years of age and older purs uant to a valid prescription or standing order, by a physician licensed to practice medicine in all its branches, except for vaccinations covered by paragraph (15), upon completion of appropriate training, including how to address contraindications and adverse re actions set forth by rule, with notification to the patient's p hysician and appropriate record retenti on, or pursuant to hospital pharmacy and therapeutics committee policies and procedures. Eligible vaccines are those listed on the U.S. Centers for Disease Control and Preventio n (CDC) Recommended Immunization Schedule, the CDC's Hea lth Information for International Travel, or the U.S. Food and Drug Administration's Vaccines Licensed and Authorized for Use in the United States. As applicable to the State's Medicaid program and other payers, vaccines ordered and administered in accordance with this subsection shall be covered and reimbursed at no less than the rate that the vaccine is reimbursed when ordered and administered by a physician; (B-5) (blank);

(C) administration of injections of alpha-hydroxyprogesterone caproate, pursuant t o a valid prescription, by a physician licensed to pr actice medicine in all its branches, upon compl etion of appropriate training, including how to addre ss contraindications and adverse reactions set forth by rule, with notification to the pat ient's physician and appropriate record retention, or pursuant to hospital pharmacy and therapeutics co mmittee policies and procedures; and (D) administration of long-acting injectables for mental health or substanc e use disorders pursuant to a valid prescription by the patient's physician licensed to practice medici ne in all its branches, advanced practice registered nu rse, or physician assistant upon completion of app ropriate training conducted by an Accreditation Counc il of Pharmaceutical Education accredited provider, in cluding how to address contraindications and adverse re actions set forth by rule, with notification to the patient's physician and appropriate record retention, or pursuant to hospital phar macy and therapeutics committee policies and pro cedures; (5) (blank) ; (6) drug regimen review; (7) drug or drug-related research; (8) the provision of patient counseling; (9) the practice of telepharmacy; (10) the provision of those acts or serv ices necessary to provide pharmacist care; (11) medication therapy management;

(12) the responsibi lity for compounding and labeling of drugs and devices (except labeling by a manufacturer, repackager, or distributor of non-prescription drugs and commerc ially packaged legend drugs and devices), proper an d safe storage of drugs and devices, and maintenan ce of required records; (13) the assessment and consultation of patients and dispensing of hormonal contraceptives; (14) the initiation, dispensing, or administration of drugs, laborato ry tests, assessments, referrals, and cons ultations for human immunodeficiency virus pre-exposure prophylaxis and human immunodeficiency virus pos t-exposure prophylaxis under Section 43.5; (15) vaccination of patients 7 years of age and older for COVID- 19 or influenza subcutaneously, intramuscularly, or orally as authoriz ed, approved, or licensed by the United States Food and Drug Administration, pursuant to the following conditions: (A) the vaccine must be authorized or licensed by the United States Food and Drug Administrat ion; (B) the vac cine must be ordered and administered according to the Advisory Committee on Immunization Practices standard immunizati on schedule; (C) the pharmacist must complete a course of trainin g accredited by the Accreditation Council on Pharmacy Educa tion or a similar health authority or professional body approved by t he Division of Professional Regulation; (D) the pharmacist must have a c urrent certificate in basic cardiopulmonary res uscitation; (E) the pha rmacist must complete, during each State licensing period, a minimum of 2 hours o f immunization-related continuing pharmacy education a pproved by the Accreditation Council on Pharmacy Education; (F) the pharmacist must comply with recordkeeping and reporting requiremen ts of the jurisdiction in which the pharmacist administ ers vaccines, including informing the patient's primary- care provider, when available, and complying with requirements whereby the pe rson administering a vaccine must review the vaccine registry or other vaccination records prior to administering the vaccine; and (G) the phar macist must inform the pharmacist's patients who are less than 18 years old, as well as the adult caregiver a ccompanying the child, of the importance of a well-child visit with a pediatrician or other licensed primary-care provider and must refer pa tients as appropriate; (16) the ordering and administration of COVID-19 therapeutics subcut aneously, intramuscularly, or orally with notification to the patient's physician and appropriate record r etention or pursuant to hospital pharmacy and therapeutic s committee policies and procedures. Eligible ther apeutics are those approved, authorized, or licensed by the United States Food and Drug Administration and must be administered subcutaneously, intramus cularly, or orally in accordance with that approval, authorization, or licensing; and (17) the ordering and administration of point of care tests, screenings, and treatments for (i) infl uenza, (ii) SARS-CoV-2, (iii) Group A Streptococcus, (iv) respiratory syncytial virus, (v) adul t-stage head louse, and (vi) health conditions identif ied by a statewide public health emergency, as defined i n the Illinois Emergency Management Agency Act, with notification to the patient's physician, if any, and appropriate record retention or pursuant to hospital pharmacy and therapeutics committee policies and procedures. E ligible tests and screenings are those approved, authorized, or licensed by the United States Food and Drug Administr ation and must be administered in accordance with that approval, authorization, or licensing. A pharmacist who order s or administers tests or screenings for health condit ions described in this paragraph may use a test that may gu ide clinical decision-making for the health condit ion that is waived under the federal Clinical Labor atory Improvement Amendments of 1988 and regulations promulgated thereun der or any established screening procedure that is establish ed under a statewide protocol. A pharmacist may delegate the administrative and technical tas ks of performing a test for the health conditions described in this paragraph to a registered pharmacy technician or s tudent pharmacist acting under the supervision of the pharm acist. The testing, sc reening, and treatment ordered under this paragraph by a pharmacist shall not be denied reimbursement under health benefit plans that are within the scope of the phar macist's license and shall be covered as if the service s or procedures were performed by a physician, an advance d practice registered nurse, or a physician assis tant. A pharmacy benefit manager, health carrier, health be nefit plan, or third-party payor shall not di scriminate against a pharmacy or a pharmacist wit h respect to participation referral, reimbursement of a covere d service, or indemnification if a pharmacist is a cting within the scope of the pharmacist's license and the pharmacy is operating in compliance with all applicable la ws and rules. A pharmacist who performs any of the acts defined as the practice of pharmacy in this State must be actively licensed as a pharmacist under this Act. (e) "P rescription" means and includes any written, oral, facsimil e, or electronically transmitted order for drugs or medical d evices, issued by a physician licensed to practice medicin e in all its branches, dentist, veterinarian, podia tric physician, or optometrist, within the limits of his or her license, by a physician assistant in accordance with subsection (f) of Section 4, or by an advanced pract ice registered nurse in accordance with subsection (g) of Section 4, containing the following: (1) name o f the patient; (2) date when prescription was issued; (3) name and strength of drug or description of the medical device prescribed; and (4) quantity; (5) directions for us e; (6) prescriber's name, address, and signature; a nd (7) DEA registration number where required, for con trolled substances. The prescription may, but is not required to, list the illness, disease, or condition for which the drug or device is being prescribed. DEA registration numbers shall not be required on inpati ent drug orders. A prescription for medication other than con trolled substances shall be valid for up to 15 mont hs from the date issued for the purpose of refills, unles s the prescription states otherwise. (f) "Person" means and includes a natural person, partnership, a ssociation, corporation, government entity, or any other legal entity. (g) "Department" means the Depart ment of Financial and Professional Regulation.

(h) "Board of Pharmacy" or "Board" means the State Board of Pharmacy of the Department of Financial and Pr ofessional Regulation. (i) "Secretary" means the Secretary of Financial and Professional Regulation. (j) "Drug product selection" means the inte rchange for a prescribed pharmaceutical product in accord ance with Section 25 of this Act and Section 3.14 of the Illin ois Food, Drug and Cosmetic Act. (k) "Inpatie nt drug order" means an order issued by an authorized prescr iber for a resident or patient of a facility licensed under the Nursing Home Care Act, the ID/DD Community Care Act , the MC/DD Act, the Specialized Mental Health Rehabilitatio n Act of 2013, the Hospital Licensing Act, or the University of Illinois Hospital Act, or a facility which is operated by the Department of Human Services ( as successor to the Department of Mental Health an d Developmental Disabilities) or the Department of Correction s. (k-5) "Pharmaci st" means an individual health care professional and pr ovider currently licensed by this State to engage in the practice of pharmacy. (l) "Pharmacist in charge" means the licensed pharmacist whose name appears on a pharmacy lic ense and who is responsible for all aspects of the op eration related to the practice of pharmacy . (m) "Dispense" or "dispensing" means the interpretation, evaluation, and implementation of a presc ription drug order, including the preparation and delivery of a drug or device to a patient or patient's agent in a suitable container appropriately l abeled for subsequent administration to or use by a patient in accordance with applicable State and federal laws and regulat ions. "Dispense" or "dispensing" does not mean the phys ical delivery to a patient or a patient's representative in a h ome or institution by a designee of a pharmacist or by commo n carrier. "Dispense" or "dispensing" also does not mean the p hysical delivery of a drug or medical device to a patient or patient's representative by a pharmacist's designee wit hin a pharmacy or drugstore while the pharmacist is on du ty and the pharmacy is open. (n) "Nonresiden t pharmacy" means a pharmacy that is located in a stat e, commonwealth, or territory of the United States, other than Illinois, that delivers, dispenses, or distrib utes, through the United States Postal Service, commercially acceptable parcel delivery service, or other common carrier, to Illinois residents, any substanc e which requires a prescription. (o) "Compo unding" means the preparation and mixing of components, excludin g flavorings, (1) as the result of a prescriber's p rescription drug order or initiative based on the prescriber-patient-pharmacist relationship in the course of p rofessional practice or (2) for the purpose of, or incident to, research, teaching, or chemical analysis and not for sale or dispensing. "Compounding" includes the preparat ion of drugs or devices in anticipation of receiving prescri ption drug orders based on routine, regularly observed dispens ing patterns. Commercially available products may be compounded for dispensing to individual patients only if all of the following conditions are met: (i) the commercial product is n ot reasonably available from normal distribution cha nnels in a timely manner to meet the patient's needs and (ii) the prescribing practitioner has requested that the drug be compounded. (p) (Blank). (q) (Blank). (r) "Patient cou nseling" means the communication between a pharmacist or a student pharmacist under the supervision of a pharmacist and a patient or the patient's represent ative about the patient's medication or device for the pu rpose of optimizing proper use of prescription medications o r devices. "Patient counseling" may include without limitation (1) obtain ing a medication history; (2) acquiring a patient's all ergies and health conditions; (3) facilitation of the patient' s understanding of the intended use of the medication; (4) prop er directions for use; (5) significant potential adverse event s; (6) potential food-drug interactions; and (7) the n eed to be compliant with the medication therapy. A pharmacy technician may only participate in the following aspects of patient counseling under the supervision of a pharmacist: (1) obtaining medication history; (2) providing the offer for counseling by a pharmacist or student pharmacist; and (3 ) acquiring a patient's allergies and health conditions.

(s) "Patie nt profiles" or "patient drug th erapy record" means the obtainin g, recording, and maintenance of patient prescription infor mation, including prescriptions for controlled substances, and personal information. (t) (Blank). (u) "Medical device" or "device" means an in strument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component part or accessory, required under federal law to bear the label "Caution: Federal law requi res dispensing by or on the order of a physician". A seller of goods and services who, only for the purpose of retail sa les, compounds, sells, rents, or leases medical devices shall not, b y reasons thereof, be required to be a licensed pharmacy . (v) "Unique identifier" means an elect ronic signature, handwritten signature or initials, thumbprint thumb print, or other acceptable biometric or electronic ident ification process as approved by the Department. (w) "Current usual and cust omary retail price" means the price that a pharmacy char ges to a non-third-party payor. (x) "Automated pharmacy system" means a mechanical system located within the confines of the pharmacy or remote locat ion that performs operations or activities, other than compounding or administration, relative to storage, packaging, dispensing, or distribution of medication, and which collects, controls, and maintains all transaction information. (y) "Drug regim en review" means and includes the evaluation of prescription dr ug orders and patient records for (1) known allergies; (2) dr ug or potential therapy contraindications; (3) reasonable dos e, duration of use, and route of administration, taking into consideration factors such as age, gender, and contraindicat ions; (4) reasonable directions for use; (5) potential or actual adverse drug reactions; (6) drug-drug interactions; (7) drug-food interactions; (8) drug-disease contraindications; (9) therapeutic du plication; (10) patient laboratory values when authorized and available; (11) proper utilization (including over o r under utilization) and optimum therapeutic outcomes; and (12) abuse and misuse.

(z) "Electronically transmitted prescription" means a prescription that is created, recorded, or stored by el ectronic means; issued and validated with an electronic signatu re; and transmitted by electronic means directly from the presc riber to a pharmacy. An electronic prescription is not an ima ge of a physical prescription that is transferred by electron ic means from computer to computer, facsimile to facsimile, or facsimile to computer. (aa) "M edication therapy management services" means a dist inct service or group of services offered by licensed pharmac ists, physicians licensed to practice medicine in all its b ranches, advanced practice registered nurses authorized in a written agreement with a physician licensed to practice medicine in all its branches, or physician assistants authorized in guidelines by a supervising physician that optimize ther apeutic outcomes for individual patients through improved med ication use. In a retail or other non-hospital pharmacy , medication therapy management services shall consist of the evaluation of prescription drug orders and pa tient medication records to resolve conflicts with the following: (1) kn own allergies; (2) drug or potential therapy contraindications; (3) reasonable dose, duration of use, and rou te of administration, taking into consideration factors such as age, gender, and contraindications; (4) reasonable directions for use;

(5) potential or actual a dverse drug reactions;

(6) drug-drug interactions; (7) drug-food interactions; (8) drug-disease contraindications; (9) identification of therapeutic duplication; (10) patient laboratory values when authorized and availabl e; (11) proper utilization (in cluding over or under utilization) and optimum therapeutic outc omes; and (12) drug abu se and misuse. "Medication therapy management services" incl udes the following: ( 1) documenting the services delivered and communicating the information provided to patients' prescribers within an appropriate time frame, n ot to exceed 48 hours;

(2) providing patient counseling designed to enhance a patient's understanding and the appropriate use of his or her medications; and (3) providing information, support services, and resources designed to enhance a patient's adherence with his or her p rescribed therapeutic regimens. "Medicat ion therapy management services" may also include patient care functions auth orized by a physician licensed to practice medicine in all its branches for his or her identified patient or groups of patients under speci fied conditions or limitations in a stan ding order from the physician. "Medication therapy management services" in a licensed hospital may also in clude the following: (1) rev iewing assessments of the patient's health status; and

(2) following protocols of a hospital pharmacy and th erapeutics committee with respect to the fulfillment of medication orders. (bb) "Pharm acist care" means the provision by a pharmacis t of medication therapy management services, with or without the dispensing of drugs or devices, intended to achieve ou tcomes that improve patient health, quality of lif e, and comfort and enhance patient safety. (cc) "Protected health information" means individu ally identifiable health information that, except as otherwise provided, is: (1) transmitted by electronic media; (2) mai ntained in any medium set forth in the definition of "electronic media" in the federal Health Insurance Portab ility and Accountability Act; or (3) transmitted or maintain ed in any other form or medium.

"Protected health information" does not include individually ide ntifiable health information found in: (1) education records c overed by the federal Family Educational Right and Privac y Act; or (2) employmen t records held by a licensee in its ro le as an employer. (dd) "Standing order" means a specific order for a patient or group of patients issue d by a physician licensed to practice medicine in all its bra nches in Illinois. (ee) "Address of record" means the designated address recorded by th e Department in the applicant's application file or lic ensee's license file maintained by the Department's licens ure maintenance unit. (ff) "Home pharmacy" means the location of a pharmacy's primary operations.

(gg) "Email address of record" me ans the designated email address recorded by the Depart ment in the applicant's application file or the licensee's license file, as ma intained by the Department's licensure maintenance unit.

(Source: P.A. 102-16, eff. 6-17-21; 102-103, e ff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1051, eff. 1-1-23; 103-1, eff. 4-27-23; 103-593, eff. 6-7-24; 103-612, eff. 1-1-25; rev ised 11-26-24.) Section 850. The Illinois Physical Therapy Act is amended by changing Section 2 as follows: (

225 ILCS 90/2) (from Ch. 111, par. 425

2) (Section scheduled to be repealed on January 1, 2026) Sec. 2. Licensure requirement; exempt act ivities. Practice w ithout a license forbidden - exception. No p erson shall after the date of August 31, 1965 begin to practice physical therapy in this State or hold himself out as being able to practice this profession, unless he is licensed as such in accordance with the provisions of this Act. After July 1, 19 91 (the effective date of Public Act 86-1396) this amendatory Act o f 1990, no person shall practice or hold himself out as a physical therapist assistant unless he is licensed as such under this Act. A physical therapist s hall use the initials "PT" in connection with his or her name to denote licen sure under this Act, and a physical therapist assistant shall use the initials "PTA" in connection with his or her n ame to denote licensure under this Act. This Act does not prohibit: (1) Any person licensed in this State under any other Act from en gaging in the practice for which he is licensed. (2) The practice of physical therapy b y those persons, practicing under the supervision of a licensed physical therapist and who have met all of the qualifications as provided in Sect ions 7, 8.1, and 9 of this Act, until the next examination i s given for physical therapists or physical therapist assista nts and the results have been received by the Department and the Department has determined the applicant's eligibility for a license. Anyone failing to pass said examination shall not again practice physical therapy until such time as an exami nation has been successfully passed by such person. (3) The practice of physical th erapy for a period not exceeding 6 months by a person who is in this State on a temporary basis to assist in a case of me dical emergency or to engage in a special physical therapy proje ct, and who meets the qualifications for a ph ysical therapist as set forth in Sections 7 and 8 of this Act and is licensed in another state as a physical therapist . (4) Practice of physical therapy by qualified person s who have filed for endorsement for no longer than one year or until such time that notification of licensure has be en granted or denied, whichever period of time is lesser . (5) One or more lice nsed physical therapists from forming a professional service corporation under the provisions of the "Professional Service Corporation Act", approved September 15, 1969, as now or hereafter amended, and licensing such c orporation for the practice of physical therapy.

(6) Physical therapy aides from performing patient care activities under the on-site supervision of a li censed physical therapist or licensed physical therapist assistant. These patient care activities shall not includ e interpretation of referrals, evaluation procedures, th e planning of or major modifications of, patient programs . (7) Physical therapist assistants Therapist Assistants from performing patient care activities under the gen eral supervision of a licensed physical therapist. The phys ical therapist must maintain continual contact with the phy sical therapist assistant including periodic personal supervision and instruction to insure the safety and welfare of the patient. (8) The practice of physica l therapy by a physical therapy student or a physical therapist assistant student under the on-site supervision of a licensed physical therapist. The physical t herapist shall be readily available for direct supe rvision and instruction to insure the safety and welfare of the patient. (9) The practice of physical therapy as part of an ed ucational program by a physical therapist licensed in anoth er state or country for a period not to exceed 6 months. (10) (Blank). The practice, services, or activities of persons practicing the s pecified occupations set forth in subsection (a) of, and pursuant to a licensing exemption granted in sub section (b) or (d) of, Section 2105-350 of the Depar tment of Professional Regulation Law of the Civil Administr ative Code of Illinois, but only for so long as the 2016 Olympic and Paralympic Games Professional Licensure Exemption Law is operable. (Source: P.A. 96-7, eff. 4-3-09; revised 8-6-24.) Section 855. T he Podiatric Medical Practice Act of 1987 is amende d by changing Section 24 as follows: (225 ILCS

100/24) (from Ch. 111, par. 4824) (Section sche duled to be repealed on January 1, 2028) Sec. 24. Grounds for disciplinary action. The Department may re fuse to issue, may refuse to renew, may refuse to restore, may suspend, or may revoke any license, or may place on probation, reprimand or take other disciplinary or non-di sciplinary action as the Department may deem proper, includ ing fines not to exceed $10,000 for each violation upon a nyone licensed under this Act for any of the follow ing reasons: (1) Making a mate rial misstatement in furnishing information to the Department. (2) Violations of this Act, or of the rules adopted under this Act. (3) Conviction by plea of guilty or nolo contendere, finding of guilt , jury verdict, or entry of judgment or sentencing, including, but not limited to, convictions, preceding sentences of superv ision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United S tates that is (i) a felony or (ii) a misdemeanor, an essential element of which i s dishonesty, or that is directly related to the practice of the profession. (4) Making any misrepresentation for the purpose of o btaining licenses, or violating any provision of this Act or t he rules promulgated thereunder pertaining to advertis ing. (5) Professional incompet ence. (6) Gross or repeated malpractice or negligence. (7) Aiding or assisting another person in violating any provision of this Act or rules . (8) Failing, within 30 days, to provide information in response to a written requ est made by the Department. (9) Engaging in dishonorable, unethical o r unprofessional conduct of a character likely to deceiv e, defraud or harm the public. (10) Habitual or excessive use of alcohol, narcot ics, stimulants, or other chemic al agent or drug that results in the inability to practice podiatric medicine with reasonable judgment, skill o r safety. (11) Disciplin e by another United States jurisdiction if at least one of the grounds for the discipline is the same o r substantially equivalent to those set forth in this Secti on. (12) Violat ion of the prohibition against fee splitti ng in Section 24.2 of this Act. (13) A finding by the Board that the licensee, after having his or her license pla ced on probationary status, has violated the terms of prob ation. (14) Abandonment of a p atient. (15) Willfully mak ing or filing false records or reports in his or her practice, including, but not limited to, false records filed with state agencies or departments. (16) Willfully failing to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Report Act. (17) Physical illness, mental illness, or other imp airment, including, but not limited to, deterioration throug h the aging process, or loss of motor skill that results in the inability to practice the profession with reason able judgment, skill or safety. (18) Solicitation of profess ional services other than permitted advertising. (19) The determination by a circuit court th at a licensed podiatric physician is subject to involunta ry admission or judicial admission as provided in the Mental Healt h and Developmental Disabilities Code operates as an automatic sus pension. Such suspension will end only upon a finding b y a court that the patient is no longer subject to involuntary admission or ju dicial admission and issues an order so finding and discharging th e patient; and upon the recommendation of the Board to the Secretary that the licensee be allowe d to resume his or her practice. (20) Holding oneself out to treat human ailments under any name other than his or her own, or the imperson ation of any other physician. (21) Revocation or suspension or other action taken with respect to a podiatric medical license in an other jurisdiction that would constitute disciplinary act ion under this Act. (22) Promoti on of the sale of drugs, devices, appliances, or goods provided for a patient in such manner as to exploit the patient for financial gain of the pod iatric physician. (2 3) Gross, willful, and continued overcharging for professi onal services including filing false statements for collec tion of fees for those services, including, but not limited to, filing false statement for collection of monies for ser vices not rendered from the medical assistance program of the Department of Healthcare and Family Services (formerly Department of Public Aid) under the Illinois Public Ai d Code or other private or public third party payor. (24) Being named as a perpetrator in an indicated rep ort by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the licen see has caused a child to be an abused child or neglect ed child as defined in the Abused and Neglected Child R eporting Act. (25) Willfully making or filing false records or reports in the practice of podiatric medicine, including, but not limited to, false records to support claims against the medical assistance program of the Department of Healthcar e and Family Services (formerly Department of Public Aid) under the Illinois Public Aid Code. (26) (Blank).

(27) Immoral conduct in the commission of any act i ncluding, sexual abuse, sexual misconduct, or sexu al exploitation, related to the licensee's practice. (28) Violation of the Hea lth Care Worker Self-Referral Act. (29) Failure to report to th e Department any adverse final action taken against him or her by another licensing jurisdiction of the United St ates or any foreign state or country, any peer review bo dy, any health care institution, any professional soc iety or association, any governmental agency, any law enforcement agency, or any court for acts or conduct s imilar to acts or conduct that would constitute gr ounds for action as defined in this Section. (30) Willfully failing to report an instance of suspected abuse, neglect, financial e xploitation, or self-neglect of an eligible adult a s defined in and required by the Adult Protective Services Act. (31) Being named as a perpetrator i n an indicated report by the Department on Aging under the Adult Protective Services Act, and upon proof by clear and convincing evidence that the licensee has caused an eligible adult to be abused, neglected, or financially exploited as defined in the Adult Protective Services Act. Th e Department may refuse to issue o r may suspend the license of any person who fails to file a return, or to pay the tax, penalty, or interest shown in a filed return, or to pay any final asse ssment of tax, penalty, or i nterest, as required by any tax Act administered by the Il linois Department of Revenue, until such time as the req uirements of any such tax Act are satisfied. Upon receipt of a written communication from the S ecretary of Human Services, the Direct or of Healthcare and Family Services (formerly Directo r of Public Aid), or the Director of Public Health th at continuation of practice of a person licensed under thi s Act constitutes an immediate danger to the public, the Secretary may immedi ately suspend the license of such person without a heari ng. In instances in which the Secretary immediatel y suspends a license under this Section, a hearing up on such person's license must be convened by the Boa rd within 15 days after such suspension and completed w ithout appreciable delay, such hearing held to determine whether to recommend to the Secretary that the person's license be revoked, suspended, placed on probationary status, or restored, or such person be subject to other disciplinary action. In such heari ng, the written communication and any other evidence submitted therewith may be in troduced as evidence against such person; provided, howeve r, the person or his counsel shall have the opportunity to di scredit or impeach such evidence and submit evidence rebutting the same. Excep t for fraud in procuring a license, all proceedings to su spend, revoke, place on probationary status, or take any other disciplinary action as the Department may deem proper, w ith regard to a license on any of the foregoing grounds, must b e commenced within 5 years after receipt by the Department of a complaint alleging the commission of or notice of the conviction order for any of the acts described in this Section. Except for the grounds set forth in items (8), (9), (26), and (29) of this Section, no action shall be commenced mo re than 10 years after the date of the incident or act all eged to have been a violation of this Section. In the ev ent of the settlement of any claim or cause of action in favor of the claimant or the reduction to final judgment of any civil action in favor of the plaintiff, such claim, cause of action, or civil ac tion being grounded on the allegation that a person lice nsed under this Act was negligent in providing care, the Depart ment shall have an additional period of 2 years from the date o f notification to the Department under Section 26 of this Act of such se ttlement or final judgment in which to investigate and co mmence formal disciplinary proceedings under Section 24 of thi s Act, except as otherwise provided by law. The time during w hich the holder of the license was outside the State of Illinoi s shall not be included within any period of time limiting the commencement of disciplinary action by the Department. In enforcing this Section, the Departm ent or Board upon a showing of a possible violation may compe l an individual licensed to practice under this Act, or who h as applied for licensure under this Act, to submit to a m ental or physical examination, or both, as required by and at t he expense of the Department. The Department or Board may orde r the examining physician to present testimony concerning the mental or physical examination of the licensee or applicant. N o information shall be excluded by reason of any common law or statutory privilege relating to communications between the li censee or applicant and the examining physician. The examining physicians shall be specifically designated by the Board or Department. The individual to be examined may have, at hi s or her own expense, another physician of his or her choice pr esent during all aspects of this examination. Failure of an i ndividual to submit to a mental or physical examination, when di rected, shall be grounds for suspension of his or her license until the individual submits to the examination if the Depar tment finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause. If the Depar tment or Board finds an individual unable to practice becaus e of the reasons set forth in this Section, the Department o r Board may require that individual to submit to care, counseli ng, or treatment by physicians approved or designated by the Department or Board, as a condition, term, or restricti on for continued, restored, or renewed licensure to pr actice; or, in lieu of care, counseling, or treatment, the De partment may file, or the Board may recommend to the Depart ment to file, a complaint to immediately suspend, revok e, or otherwise discipline the license of the individual. An individual whose license was granted, continued, restored, re newed, disciplined, or supervised subjec t to such terms, conditions, or restrictions, and who fails to comply with such terms, conditions, or restrictions , shall be referred to the Secretary for a determination as to whether the individual shall have his or her license su spended immediately, pending a hearing by the Department. In instances in which the Secretary immediate ly suspends a person's license under this Section, a hearing on that person's license must be convened by the Department within 30 days after the suspension and completed without appreciable delay. The Department and Board shall have the authority to review the subject indi vidual's record of treatment and counseling regarding the imp airment to the extent permitted by applicable federal statute s and regulations safeguarding the confidentiality of medica l records. An individual licensed under t his Act and affected under this Section shall be afforde d an opportunity to demonstrate to the Department or Board that he or she can resume practice in compliance with acceptable a nd prevailing standards under the provisions of his or her license.(Source: P.A. 100-525, eff. 9-22-17; revi sed 8-6-24.) Section 860. The Profession al Counselor and Clinical Professional Counse lor Licensing and Practice Act is amended by changing Secti on 25 as follows: (225 ILCS 107/25)

(Se ction scheduled to be repealed on January 1, 2028)

Sec. 25. Powers and duties of the Department. Sub ject to the provisions of this Act, the Department may: (a) Authorize examinatio ns to ascertain the qualifications and fitness of applica nts for licensing as professional counselors or clinical prof essional counselors and pass upon the qualifications of applic ants for licensure by endorsement. All examinations, either c onducted or authorized, must allow reasonable accomm odations for applicants for whom English is not their primary language and a test in their primary language test is not available. Further, all examinations either conduct ed or authorized must comply with all communication access and reasonabl e modification requirements in Section 504 of the federal Reh abilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990. (b) Conduct hearings on proceedings to refuse to issue or renew or to revoke licenses or suspend, place on probation, censure, or reprimand or take any other disciplinary or non-disciplinary action with regard to a person licensed under this Act. (c) Formulate rules and regulations required for the administration of this Act. (d) (Blank). (e) Establish rules for determining approv ed graduate professional counseling, clinical professional counseling, psychology, rehabilitation counseling, and similar programs.(Source: P.A. 102-878, eff. 1-1-23; 103-715, eff. 1-1-25; revise d 11-24-24.) Section 865. The Veterinary Medicine and Surgery Practice Act of 2004 is amended by ch anging Section 3 as follows: (225 ILCS 115/3) (from Ch. 111, p

ar. 7003) (Section scheduled to be repealed on January 1, 2029) Sec. 3. Definitions. The following term s have the meanings indicated, unless the context requires otherwise: "Accredited college of veter inary medicine" means a veterinary college, scho ol, or division of a university or college that offers the d egree of Doctor of Veterinary Medicine or its e quivalent and that is accredited by the Council on Education of the Americ an Veterinary Medical Associatio n (AVMA). "Address of record" means the designated address recorded by the D epartment in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit. "Accredited program in veterinary technology" means any post-secondary educational program that is accredited by the AVMA's Committee on Veterinary Technician Education and Activities or any veter inary technician program that is recognized as its equivalent by the AVMA's Committee on Veterinary Technici an Education and Activities. "Animal" means any animal, verteb rate or invertebrate, other than a human. "Board" means the Veterinary Licensing and Discipli nary Board. "Certified veterinary technician" mean s a person who is validly and currently licensed to practice veterinary technology in this State. "Client" means an entity, person, group, or corpor ation that has entered into an agreement with a veterinar ian for the purposes of obtaining veterinary medical ser vices. "Complementar y, alternative, and integrative therapies" means a heterog eneous group of diagnostic and therapeutic philosophies and pra ctices, which at the time they are performed may differ from current scientific knowledge, or whose th eoretical basis and techniques may diverge from veterina ry medicine routinely taught in accredited veterinary medical colle ges, or both. "Complementary, alternative, and integrati ve therapies" includes in clude, but is are not limited to, veterinary acupuncture, acuthera py, and acupressure; veterinary homeopathy; veterinary manual or manipulative therapy or ther apy based on techniques practiced in osteopathy, chiropr actic medicine, or physic al medicine and therapy; veterinary nutraceutical therap y; veterinary phytotherapy; and other therapies as def ined by rule. "Consultatio n" means when a veterinarian receives advice in person, telephonically, electronically, or by any other method of commu nication from a veterinarian licensed in this or any other state or o ther person whose expertise, in the opinion of the veter inarian, would benefit a patient. Under any circumstance, the responsibility for the welfare of the patient remai ns with the veterinarian receiving consultation. "Department" means the Department of Financial a nd Professional Regulation. "Direct supervis ion" means the supervising veterinarian is readily available on the premises where the animal is being treated. "Email address of record" means the designated email address recorded by t he Department in the applicant's application file or the licensee's license file, as maintained by the Depart ment's licensure maintenance unit. "Immedia te supervision" means the supervising veterinarian is in the im mediate area, within audible and visual range of the p atient and the person treating the patient. "Impaired veterinarian" means a veterinarian who is unable to prac tice veterinary medicine with reasonable skill and safety b ecause of a physical or mental disability as evidenced by a w ritten determination or written consent based on clinical e vidence, including deterioration through the aging process, loss of motor skills, or abuse of drugs or alcohol of suffic ient degree to diminish a person's ability to deliver competent patient care. "Indirect supervision" means the su pervising veterinarian need not be on the p remises, but has given either written or oral instructions for the treatment of the animal and is available by telephon e or other form of communic ation. "Licensed veterinarian" mean s a person who is validly and currently licensed to pr actice veterinary medicine in this State. "P atient" means an animal or group of animals that is examined or tre ated by a veterinarian. "Person" means an individual, firm, partnership (general, limited, or limited liability), association, joint venture, cooperative, corporation, li mited liability company, or any other group or combination acting in concert, whether or not acting as a principal, p artner, member, trustee, fiduciary, receiver, or any other kind of legal or personal representative, or as the success or in interest, assignee, agent, factor, servant, employee, d irector, officer, or any other representative of such person. "Practice of veterinary medicine" means to diagnose, prognose, treat, correct, change , alleviate, or prevent animal disease, illness, pain, def ormity, defect, injury, or other physical, dental, or mental conditions by any method or mode, such as telemedicine, i ncluding the performance of one or more of the following: (1) Prescribing, dispensing, administe ring, applying, or ordering the administration of any drug, medicine, biologic, appar atus, anesthetic, or other therapeutic or diagnostic s ubstance, or medical or surgical technique. (2) (Blank).

(3) Performing upon an animal a surgical or dent al operation. (3.5) Perfo rming upon an animal complementary, alternative, or integrati ve therapy. (4) Performi ng upon an animal any manual or mechanical proced ure for reproductive management, including the diagnosis or treatment of pregnancy, sterility, or infertility. (4.5) The rendering of advic e or recommendation by any means, including telephoni c and other electronic communications, with regard to the perfo rming upon an animal any manual or mechanical procedure for reproductive management, including the diagnosis or treatment of pregnancy, sterility, or infertility. (5) Determining the health and fit ness of an animal. (6) Re presenting oneself, directly or indirectly, as engagin g in the practice of veterinary medicine. (7) Using any word, letters, or title under such circumstances as to induce the belief that the person using them is qualified to engage in the practice of veterinary med icine or any of its branches. Such use s hall be prima facie evidence of the intention to repr esent oneself as engaging in the practice of veterinary medicine. "Secretary" means the Secretary of Financial and Professional Regulation. "Sup ervising veterinarian" means a veterinarian who ass umes responsibility for the professional c are given to an animal by a person working under his or her d irection in either an immediate, direct, or indir ect supervision arrangement. The supervising veterinar ian must have examined the animal at such time as acceptabl e veterinary medical practices require requires, consistent with the partic ular delegated animal health care task. "Therapeutic" means the treatm ent, control, and prevention of disease. "Veterinarian" means a person who is validly and currently licensed to practi ce veterinary medicine in this State. "Veterinarian-client-patient relationshi p" means that all of the following conditions have be en met: (1) The veterina rian has assumed the responsibility for making clinica l judgments regarding the health of an animal and the need for medical treatme nt and the client, owner, or other caretaker has agreed to follow the instructions of the vet erinarian; (2) Th ere is sufficient knowledge of an animal by the veterinarian to initiate at least a general or preliminary diagnosis of the m edical condition of the animal. This means that the veterinaria n has recently seen and is personally acquainted with the keepi ng and care of the animal by virtue of an in-person examination of the animal or by medically appropriate and timely visits to the premises where the an imal is kept, or the veterinarian ha s access to the patient's records and has been designated b y the veterinarian with the pri or relationship to provide reasonable and appropriate medic al care if the veterinarian with the prior relationship is unavailable; and

(3) The practicing veterinarian is readily available for follow-up in case of adverse reactions or f ailure of the treatment regimen or, if unavailable, has de signated another available veterinarian who has access to the patient's records to provide reasonable and appropria te medical care. "Veterinarian-client-patient relationship" does not mean a relation ship solely based on telephonic or other electronic communic ations. "Veterinary medicine" means all b ranches and specialties included within the practice of veterinary medicine. "Veterinary p remises" means any premises or facility where the pract ice of veterinary medicine occurs, including, but not limited to, a mobile clinic, outpatient clinic, satellite clinic , or veterinary hospital or clinic. "Veterinary premises" d oes not mean the premises of a veterinary client, research facility, a federal military base, or an accredited coll ege of veterinary medicine. " Veterinary prescription drugs" means those drugs restrict ed to use by or on the order of a licensed veterinarian in accordance with Section 503(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353). "Veterinary specialist" means a veterinaria n: (1) who has been awarded and maintains certificati on from a veterinary specialty organization recognized b y the American Board of Veterina ry Specialties; (2) who has been awarded and maintains certification fr om a veterinary certifying organization whose standards have been found by the Board to be equ ivalent to or more stringent than those of American Board of Veterinary Specialties-recognized veterinary specialty organi zations; or (3) who otherwise meets criteria that may be es tablished by the Board to support a claim to be a veterinary sp ecialist. "Veterinary technology" means the performance of services within the field of veter inary medicine by a person who, for compensation or personal profit, is employed by a licensed veterinarian to perform dut ies that require an understanding of veterinary me dicine necessary to carry out the orders of the ve terinarian. Those services, however, shall not include diagnosin g, prognosing, prescribing, or surgery.(Source : P.A. 103-309, eff. 1-1-24; 103-505, eff. 1-1-24; revised 8-6-24.)

Section 870. The Registered Surgical Assista nt and Registered Surgical Technologist Title Protection Act i s amended by changing Section 75 as follows: (225 ILCS 130/75) (Section scheduled to be repealed on January 1, 2029) Sec. 75. Grounds for disciplinary action. (a) The Department may refuse to issue, renew, or restore a registration, may revoke or suspend a registration, or m ay place on probation, reprimand, or take other disciplinary or non-disciplinary action with regard to a person reg istered under this Act, including, but not limited to, the im position of fines not to exceed $10,000 for each violation and the assessment of costs as provided for in Section 90, for any one or combination of the follo wing causes: (1) Making a material misstatement in furnishing information to the Department. (2) Violating a provision of this Act or rules a dopted under this Act. (3) Conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing o f any crime, including, but not limited to, convictions, preceding sentenc es of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor, an essential elem ent of which is dishonesty, or that is directly related to the practice of the profession. (4) Fraud or misrepresentation in applying for, renewi ng, restoring, reinstating, or procuring a registration under thi s Act. (5) Aiding or assist ing another person in violating a provision of this Act or its rules. (6) Failing to p rovide information within 60 days in response to a written request ma de by the Department. (7) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm t he public, as defined by rule of the Departme nt. (8) Discipline by an other United States jurisdiction, governmental agency, unit of government, or foreign nation, if at least one of th e grounds for discipline is the same or substanti ally equivalent to those set forth in this Section.

(9) Directly or indirectly gi ving to or receiving from a person, firm, corporation, pa rtnership, or association a fee, commission, rebate, or oth er form of compensation for professional services not act ually or personally rendered. Nothing in this paragrap h (9) affects any bona fide independent contracto r or employment arrangements among health care professiona ls, health facilities, health care providers, or other entit ies, except as otherwise prohibited by law. Any employment arrang ements may include provisions for compensation, health insu rance, pension, or other employment benefits for the provision of services within t he scope of the registrant's practice under this A ct. Nothing in this paragraph (9) shall be construed to r equire an employment arrangement to receive professiona l fees for services rendered. (10) A finding by the Department th at the registrant, after having the registration pla ced on probationary status, has violated the terms of pro bation. (11) Willfully m aking or filing false records or reports in the practice, including, but not limited to, false records o r reports filed with State agencies. (12) Willfully making or signing a false state ment, certificate, or affidavit to induce payment. (13) Willfully failing to report an instance of suspected child abuse or neglect as required under the Abused and Neglected Child Reporting Act. (14) Bein g named as a perpetrator in an indicated report by the Depa rtment of Children and Family Services under the Abused and Neglected Child Reporting Act and upon proof by clear a nd convincing evidence that the registrant has caused a c hild to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act. (15) (Blank). (16) Failure to report to the Department (A ) any adverse final action taken against the registra nt by another registering or licensing jurisdiction, government agency, la w enforcement agency, or any court or (B) liability for conduct that would constitute grounds for action as set forth in this Section. (17) Habitual or exces sive use or abuse of drugs defined in law as controlled su bstances, alcohol, or any other substance that results in the inability to practice with reasonable judgment, skill, or safety. (18) Physical or men tal illness, including, but not limited to, deterioration through the a ging process or loss of motor skills, which results in t he inability to practice the profession for which the per son is registered with reasonable judgment, skill, or s afety. (19) Gross malpractice. (20) Im moral conduct in the commission of an act related to th e registrant's practice, including, but not limite d to, sexual abuse, sexual misconduct, or sexual exploitation. (21) V iolation of the Health Care Worker Self-Referra l Act. (b) The Department may refuse to issue or may suspend without hearing the registratio n of a person who fails to file a return, to pay the tax , penalty, or interest shown in a filed return, or to pay a final assessment of the tax, penalty, or interest as required by a tax Act administered by the Department of Revenue, until the requirements of the tax Act are satisfied in acc ordance with subsection (g) of Section 2105-15 of the Department of

Professional Regulation Law of the Civ il Administrative Code of Illinois. ( b-1) The Department shall not revoke, suspend, sum marily suspend, place on probation, reprimand, refuse to is sue or renew, or take any other disciplinary or non-disciplinary ac tion against the license issued under this Act to practice as a registered surgical assistant or registered surgic al technologist based solely upon the registered surgical assistant or registered surgical technologist providin g, authorizing, recommending, aiding, assis ting, referring for, or otherwise participating in any health care service, so long as the care was not unlawful under the laws of this State, r egardless of whether the patient was a resident of this State o r another state. (b-2) The Department sh all not revoke, suspend, summarily suspend, place on prohibit ion, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary action against t he license issued under this Act to practice as a registere d surgical assistant or registered surgical technologist based upon the registered su rgical assistant's or registered surgical technologist's lice nse being revoked or suspended, or the registered surgical assis tant's or registered surgical technologist's being otherwis e disciplined by any other state, if that revocation, suspension , or other form of discipline was based solely on the registe red surgical assistant or registered surgical technologist violating another state's laws prohibiting the provisi on of, authorization of, recommendation of, aiding or ass isting in, referring for, or participation in any health care service if that health care service as provided would not have been unlawful under the laws of this State and is consiste nt with the standards of conduct for the registered surgical as sistant or registered surgical techn ologist practicing in this State. (b-3) The conduct specified in subsection (b-1) or (b- 2) shall not constitute grounds for suspension under Section 145 . (b-4) An applicant seeking licensu re, certification, or authorization pursuant to this Act w ho has been subject to disciplinary action by a duly authorized professional disciplinary agency of another jurisdiction so lely on the basis of having provided, authorized, rec ommended, aided, assisted, referred for, or otherwise participa ted in health care shall not be denied such licensure, certif ication, or authorization, unless the Department determines tha t such action would have constituted professional miscon duct in this State. Nothing in this Section shall b e construed as prohibiting the Department from evaluating the conduct of such applicant and making a determination regardin g the licensure, certification, or authorization to pract ice a profession under this Act. (c) The d etermination by a circuit court that a registrant is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code operates as an automatic suspension. The s uspension will end only upon (1) a finding by a court that the patient is no longe r subject to involuntary admission or judicial admission, (2) issuance of an order so finding and discharging the patient , and (3) filing of a petition for restoration demonst rating fitness to practice. (d) (Blank).

(e) In cases where the Department of He althcare and Family Services has previously determined a reg istrant or a potential registrant is more than 30 days deli nquent in the payment of child support and has subsequentl y certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's registration or may take other disciplinary acti on against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Ser vices in accordance with para graph (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Admin istrative Code of Illinois. (f) In enforcin g this Section, the Department, upon a showing of a possible v iolation, may compel any individual registered under this Act or any individual who has applied for registration to submit to a mental or physical examination and evaluation, or bot h, that may include a substance abuse or sexual offend er evaluation, at the expense of the Department. The Department shall specifically d esignate the examining physician licensed to practice medic ine in all of its branches or, if applicable, the multidiscipli nary team involved in providing the mental or physical examin ation and evaluation, or both. The multidisciplinary team sha ll be led by a physician licensed to practice medicine in all o f its branches and may consist of one or more or a combinat ion of physicians licensed to practice medicine in all of its branches, licensed chiropractic physicians, licensed clinical psychologists, licensed clinical social workers, licensed clinical professional counselors, and other professional and administrative staff. Any examining physician or membe r of the multidisciplinary team may require any per son ordered to submit to an examination and evaluation pursuant to this Section to submit to any additional suppl emental testing deemed necessary to complete any examination or evaluation process, including, but not limited to, blood te sting, urinalysis, psychological testing, or neuropsychological testing. The Department may order the exami ning physician or any member of the multidisciplinary team to provide to the Department any and all records, including bu siness records, that relate to the examination and evaluat ion, including any supplemental testing performed. The Depart ment may order the examining physician or any member o f the multidisciplinary team to present testimony concerning th is examination and evaluation of the registrant or applicant, including testimony concerning any supplemental testing or docu ments relating to the examination and evaluation. No infor mation, report, record, or other documents in any wa y related to the examination and evaluation shall be excluded by reason of any common law or statutory privilege re lating to communication between the registrant or applica nt and the examining physician or any member of the multi disciplinary team. No authorization is necessary from the registrant or applicant ordered to undergo an evaluation a nd examination for the examining physician or any membe r of the multidisciplinary team to provide information, r eports, records, or other d ocuments or to provide any testimony regarding the exami nation and evaluation. The individual to be examined ma y have, at the individual's own expense, another physician o f the individual's choice present during all aspects of the e xamination. Failure of any individual to su bmit to mental or physical examination and evaluation, or b oth, when directed, shall result in an automatic suspensio n without a hearing until such time as the individual submits t o the examination. If the Department finds a registrant unabl e to practice because of the reasons set forth in this S ection, the Department shall require such registrant to submit to care, counseling, or treatment by physicians appr oved or designated by the Department as a condition for cont inued, reinstated, or renewed registration. When the Secretary immediately suspends a registra tion under this Section, a hearing upon such person's regist ration must be convened by the Department within 15 days after such suspension and completed without appreciable del ay. The Department shall have the authority to review th e registrant's record of treatment and counseling re garding the impairment to the extent permitted by applicable f ederal statutes and regulations safeguarding the confidentia lity of medical records. Individuals reg istered under this Act and affe cted under this Section shall be afforded an opportunity t o demonstrate to the Department that they can resume pract ice in compliance with acceptable and prevailing standards unde r the provisions of their registration.

(g) All fines imposed under this Section shall be paid withi n 60 days after the effective date of the order imposing the fine or in accordance with the terms set forth in the ord er imposing the fine. (h) (f) The Department ma y adopt rules to implement the changes m ade by Public Act 102-1117. (Sourc e: P.A. 102-1117, eff. 1-13-23; 103-38 7, eff. 1-1-24; 103-605, eff. 7-1-24; revised 10-16-24.)

Section 875. The Auction License Act is amended by changing Section 2 0-15 as follows: (225 ILCS 407/20-15) (Section sche duled to be repealed on January 1, 2030)

Sec. 20-15. Disciplin ary actions; grounds. The Department may refuse to issue or renew a licen se, may place on probation or administrative supervision, susp end, or revoke any license or may reprimand or take other discip linary or non-disciplinary actio n as the Department may deem proper, including the imposition of fines not to exceed $10,000 for eac h violation upon any licensee or applicant under this Act or any person or entity who holds oneself out as an applicant or licensee for any of the followi ng reasons: (1) False or fraudulent representation or material misstatement in furnishing information to the Department in obtaining or seeking to o btain a license. (2) Violation of a ny provision of this Act or the rules adopted under this Act. (3) Conviction of or entry of a plea of guilty or nolo contendere, as set forth in subsection (c) of Section 10-5, to any crime that is a felony or misdemeanor under the laws of the Un ited States or any state or territory thereof, or entry of an administrative sanction by a government agency in this State or any other jurisdiction.

(3.5) Failing to notify the Department, within 30 days a fter the occurrence, of the information require d in subsection (c) of Section 10-5. (4) Being adjudged to be a person under legal disability or subject to involuntary admission or to meet the standard for judicial admission as provided in the Mental Hea lth and Developmental Disabilities Code. (5) Discipline of a licensee by another state, the Distr ict of Columbia, a territory of the United States, a fore ign nation, a governmental agency, or any other entity authorized to impos e discipline if at least one of the grounds for that dis cipline is the same as or the equi valent to one of the grounds for discipline set forth in this Act or for failing to report to the Department, withi n 30 days, any adverse final action taken against the licensee by any other licensing jurisdiction, government agency, law enforcement agency, or court, or liability for co nduct that would constitute grounds for action as set forth in this Act. (6) Engaging in the practice of auctionee ring, conducting an auction, or providing an auction service without a license or after the license was expired, revoked, suspended, or terminated or while the license was i noperative. (7) Attempt ing to subvert or cheat on the auctioneer exam or any c ontinuing education exam, or aiding or abetting another to do the same. (8) Directly or indirectly giv ing to or receiving from a person, firm, corporation, part nership, or association a fee, commission, rebate, or other form of compensation for professional service not actu ally or personally rendered, except that an auctioneer licensed under this Act may receive a fee from another licensed auctioneer fro m this State or jurisdiction for the referring of a clie nt or prospect for auction services to the licensed auction eer. (9) Making any s ubstantial misrepresentation or untruthful advertising. (10) Making any false pr omises of a character likely to influence, persu ade, or induce. (1 1) Pursuing a continued and flagrant course of misrepre sentation or the making of false promises through a licensee, agent, employee, advertising, or otherwise. (12) Any mis leading or untruthful advertising, or using any trade name or insignia of membership in any auctioneer associat ion or organization of which the licensee is not a member. (13) Commingling funds of oth ers with the licensee's own funds or failing to keep the fu nds of others in an escrow or trustee account. (14) Failure to account for, remit, or return any moneys, property, or documents coming i nto the licensee's possession that belong to others, acqu ired through the practice of auctioneering, conducting an auction, or providing an auction service within 30 days of the written request from t he owner of said moneys, property, or documents. (15) Failure to maintai n and deposit into a special account, separate and apart fr om any personal or other business accounts, all moneys belonging to others entrusted to a licensee while acting as an a uctioneer, auction firm, or as a temporary custodian of th e funds of others. (16) Failure to make available to Department personnel during normal business hours all escrow and trustee records and related documents main tained in connection with the practice of auctioneer ing, conducting an auction, or providing an auction ser vice within 24 hours after a request from Department person nel. (17) Making or filing false records or reports in the licensee's practi ce, including, but not limited to, false records or repo rts filed with State agencies. (18) Failing to voluntarily furnish copies of a ll written instruments prepared by the auctioneer and signed by all parties to all parties at the time of execut ion. (19) Failing to provide information within 30 days i n response to a written request made by the Department. (20) Engaging in any a ct that constitutes a violation of the Illinois Hu man Rights Act. (21) (Blank). (22) Engaging in dishonorable, unethical, or unpro fessional conduct of a character likely to deceive, defraud, or harm the public. (23) Offering or advertising real estate for sale or lease at auction without a valid broker or managing broker 's license under the Real Estate License Act of 1983, or any successor Act, unless exempt from licensure under the terms of the Real Estate License Act of 2000, or any successor Ac t, except as provided in Section 5-32 of the Real Es tate License Act of 2000. (24) Inability to practice the profession with reasonable judgment, sk ill, or safety as a result of a physical illness, mental i llness, or disability. (25) A pattern of practice or other behavior that demonstrates incapacity or incompeten ce to practice under this Act. (26) Being named as a perpetrator in an indicated report by the Department of Children and Family Services under the Abused and Neglected Ch ild Reporting Act and upon proof by clear and con vincing evidence that the licensee has caused a chi ld to be an abused child or a neglected child as defined in the Abused and Neglected Child Reporting Act. (27) Inability to practice with r easonable judgment, skill, or safety as a result of habitual or excessive use or addiction to alcohol, nar cotics, stimulants, or any other chemical agent or drug. (28) Willfully failing t o report an instance of suspected child abuse or neglect as req uired by the Abused and Neglected Child Reporting Act. (29) Violating the terms of a ny order issued by the Department. (Sour ce: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1- 1-24; revised 8-13-24.) Section 880. The Illinois Certified Shorthand Reporters Act of 1984 is amended by changing Se ction 27 as follows: (225

ILCS 415/27) (from Ch. 111, par. 62

43) (Secti on scheduled to be repealed on January 1, 2030) Sec. 27. As a condition for renewal of a license, licens ees shall be required to complete continuing education in accordance with rules established by the Department. Persons employed as full-time full time court re porters under the Court Reporters Act may apply for a waiver fro m the continuing education requirements. The waiver shall be granted upon the submiss ion of evidence satisfactory to the Department that the certified shorthand reporter is employe d as a full-time full time court reporter under the Court Reporters Act.(Sour ce: P.A. 98-445, eff. 12-31-13; revised 10-23-24.) Section 885. The Hydraulic Fracturing Regulatory Act is amended by changing Sections 1-83 and 1-87 a s follows: (225 ILCS 732/1-83) Sec. 1-83. Orde r authority. (a) Any person who has rea son to believe the person has they have incurred pollution or diminution of a water source as a result of a high volume hori zontal hydraulic fracturing treatment of a well may notify the Department and request that an investigation be conducted. (b) Within 30 calendar days after notification, th e Department shall initiate the investigation of the claim and make a reasonable effort to reach a det ermination within 1 80 calendar days after notification. The Department may contact the Agency to seek the Agency's assistance in water quality sampling. The Agency may seek cost recovery under subsection (e) of Sectio n 1-87 of this Act and recover all costs for samples taken for the in vestigation under this Section. (c) Any person conducting or who has conducted high volume horizontal hydraulic fracturing operatio ns shall supply any information requested by the Department to assist the Department. The Department shall give due consideration to any information submitted during the course of the investigation. (d) If sampling results or other information obtained as part of the investigation or the results of tests conducted under subs ection (c) of Section 1-80 of this Act indicate that co ncentrations exceed the standards or criteria referenced by pol lution or diminution under Section 1-5 of t his Act, the Department shall issue an order to the permittee as necessary to require permanent or temporary repl acement of a water source. In addition to any other penalty a vailable under the law and consistent with the Department's o rder, the permittee shall restore or replace the affected su pply with an alternative source of water adequate in quantity and quality for the purposes served by the water source. The qu ality of a restored or replaced water source shall meet or exceed the qual ity of the original water source based upon the results of the baseline test results under subsection (b) of Section 1-80 for that water source, or other available inf ormation. The Department may require the permittee to take imme diate action, including, but not limited to, repair, replacem ent, alteration, or prohibition of operation of equipment permitted by the Department. The Department may issue condi tions within any order to protect the public health or welfare or the environment. (e) Within 15 calendar days af ter a determination has been made regarding the pollution or dimi nution, the Department shall provide notice of its findings an d the orders, if any, to all persons that use the water s ource for domestic, agricultural, industrial, or any other le gitimate beneficial uses. (f) Upon issuance of an order Order or a finding of pollution or diminution under subsec tion (d) of this Section, the Department shall contact the Age ncy and forward all information from the investigation to t he Agency. The Agency shall investigate the potential for viola tions as designated within Section 1-87 of this Act. (g) Reports of potential cases of water pollution t hat may be associated with high volume horizontal hydraulic fra cturing operations may be submitted electronically. The Department shal l establish a format for these reports to be submitted through the website developed under Section 1-110 of this Act. T he Department shall electronically provide these reports to the Agency. (h) The Department shall publish, on its website, lists o f confirmed cases of pollution or diminution that result fr om high volume horizontal hydraulic fracturing operations. This information shall be searchable by county. (i) Nothing in this Section shall prevent the Depart ment from issuing a cess ation order under Section 8a of the Illinois Oil and Gas Act.(Source: P.A. 98-22, eff. 6-17-13; revised 10-23-24. ) (225 ILCS 732/1-87) Sec. 1-87. Water quality investigation and enforcement. (a) No person shall cause or allow high volume horizontal hydraulic fracturing operations permitted under this Act to violate Section 12 of the Illi nois Environmental Protection Act or surface water or groun dwater regulations adopted under the Illinois Environmental Protectio n Act. (b) The Agency shall have the duty t o investigate complaints that activities under this Act have caused a violation of Sectio n 12 of the Illinois Environmental Protection Act or surface or groundwater rules adopted under the Illinois Environmenta l Protection Act. Any action taken by the Agency in enforcing these violations shall be taken under and consistent wit h the Illinois Environmental Protection Act, including, but not limited to, the Agency's authority to seek a civil or criminal cause of action under that Act. The test results under subsections (b) and (c) of Sectio n 1-80 of this Act may be considered by the Agency during an investigation unde r this Section. (c) A person who has reason to believe the person has they ha ve incurred contamination of a water source a s a result of high volume horizontal hydraulic fracturing ma y notify the Agency and request an investigation be conducte d. The Agency shall forward this request to the Department for consideration of an investigation under Section 1-83 o f this Act. If the Agency is provided with notice under subsection (f) of Section 1-83, the Agency s hall conduct an investigation to determine whether pol lution or diminution is continuing to occur at the location s ubject to the order, as well as locations identified by the Dep artment or at any other water source within 1,500 feet of the well site. Any person conducting or who has conducted high volu me horizontal hydraulic fracturing operations shall supply any information reques ted to assist the Agency in its investigation. The Agency sha ll give due consideration to any information submitted during the co urse of the investigation. (d) Pollution o r diminution is a violation of this Ac t and may be pursued by the Department subject to the procedures and remedies under Sectio ns 1-100 and 1-105 of this Act. (e) If an Ag ency investigation under Section 1-83 or subsection ( c) of this Section confirms that the cause of the pollution, diminution, or water pollution is attributable to high volume h orizontal hydraulic fracturing operations, in addition to any oth er relief available under law, the permittee shall be required to reimburse the costs and reasonable expenses incurred by the Agen cy for all activities related to the investigation and cleanup . These costs shall include, but not be limited to, inspections , investigations, analyses, personnel, direct and indirect c osts, studies, assessments, reports, and review and eval uation of that data, as well as costs under the Agency 's review of whether the quality of a restored or replaced w ater supply meets or exceeds the quality of the water suppl y before it was affected by the permittee. Costs shall be rei mbursed to the Agency by the permittee w ithin 30 calendar days after receipt of a written request f or reimbursement by the Agency. For all costs that remain unpai d following 30 calendar days after receipt of a written request for reimbursement, the Agency may institute a civil action for cost recovery u nder subsection (e) of Section 1-101 of this Act. Failur e to reimburse the Agency within 30 calendar days after recei pt of the written request for reimbursement is a violation of this Act. Reimbursement of costs collected under th is subsection shall be deposited by the Agency into the Illinois Clean Water Fund.(Source: P.A. 98-22, eff. 6-17-13; revised 10-23-2 4.) Se ction 890. The Sports Wagering Act is amend ed by changing Section 25-15 as follows: (230 ILCS 45/25-15) Sec. 25-15. Board duties and powers. (a) Except for sports wagering condu cted under Section 25-70, the Board shall have the author ity to regulate the conduct of sports wagering under this Act.

(b) The Board may adopt any rules the Board considers necessary for the successful implementation, admi nistration, and enforcement of this Act, except for Section 2 5-70. Rules proposed by the Board may be adopted as emerg ency rules pursuant to Section 5-45 of the Illinois Ad ministrative Procedure Act. (c) The Board s hall levy and collect all fees, surcharges, civil penalties, and monthly taxes on adjusted gross sports wagering receipts imposed by this Act and deposit all moneys into the Sports Wagering Fund, except as otherwise provided under this Act. (d) The Board may exercise any other powers necessary to enforce the provisions of this Act that it regulates and the rules of the Board. (e) The Board shall adopt rules for a license to be employe d by a master sports wagering licensee when the employee works in a designated gaming area that has sports w agering or performs duties in furtherance of or associa ted with the operation of sports wagering by the master sports w agering licensee (occupational license), which shall require an annual license fee of $250. However, occupational l icenses issued under the Illinois Gambling Act for employees of an owners license or organization gaming licensee, once granted, are considered equivalent licenses to work in sports wa gering positions located at the same gaming facility. License fees shall be deposited into the State Gaming Fund and used for the administration of this A ct. (f) The Board may require that license es share, in real time and at the sports wagering account lev el, information regarding a wagerer, amount and type of wage r, the time the wager was placed, the location of the wager, including the Internet protoco l address, if applicable, the outcome of the wager, and recor ds of abnormal wagering activity. Info rmation shared under this subsection (f) must be sub mitted in the form and manner as required by rule. If a sports governing body has notified the Board that real-time information sharing for wagers placed on its sports events is necessary and desirable, licensees may share the same information in the form and manner required by the Board by rule with the sports governing body or its designee with re spect to wagers on its sports events subject to applicable federal, State, or local laws or regulations, including, witho ut limitation, privacy laws and regulations. Such information may be provided in anonymized form and may be used by a spor ts governing body solely for integrity purposes. For purposes o f this subsection (f), "real time" "real-time" means a commercially reasonable periodic interval. (g) A master sports wagering licensee, professional spo rts team, league, or association, sports governing body, or institution of higher education may submit to the Board in w riting a request to prohibit a type or form of wagering if the master sports wagering licensee, professional sports team, lea gue, or association, sports governing body, or institution of h igher education believes that such wagering by type or form is c ontrary to public policy, unfair to consumers, or affects the i ntegrity of a particular sport or the sports betting indu stry. The Board shall grant the request upon a demonstration of good cause from the requester and consultation with licen sees. The Board shall respond to a request pursuant to this su bsection (g) concerning a particular event before the start o f the event or, if it is not feasible to respond before the start of the event, as soon as practicable. (h) The Board and master sports wagering licensees may cooperate with investigations conducted by sports governing bodies or law enforcement agencies, including, but not limited to, providing and f acilitating the provision of account-level betting in formation and audio or video files relating to persons p lacing wagers. (i) A master sports wageri ng licensee shall make commercially reasonable efforts to prompt ly notify the Board any information relating to: (1) criminal or disciplinary proceedi ngs commenced against the master sports wagering licensee i n connection with its operations; (2) abnormal wagering activity or patterns that may indicate a concern with the integrity of a sports event or sports events; (3) any potential breach of the relevant sports governi ng body's internal rules and codes of conduct pertain ing to sports wagering that a licensee has knowledge of; (4) any other conduct that corrupt s a wagering outcome of a sport s event or sports events for purposes of financial gain , including match fixing; and (5) suspicious or illegal wagering activities, including u se of funds derived from illegal activity, wagers to conceal or laun der funds derived from illegal activity, using agents to place wagers, and using false identificati on. A master sports wagering licensee shall also make commercially reasonable eff orts to promptly report information relating to conduct de scribed in paragraphs (2), (3), and (4) of this subsectio n (i) to the relevant sports governing body.(Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21; revised 8-13-24.) Section 895. The Liquor Control Act of 1934 is amended by ch anging Section 6-15 as follows: (235 ILCS 5/6-15)

(from Ch. 43, par. 130) Sec. 6-15. No alcoholic liquors shall be sold or deli vered in any building belonging to or under the contro l of the State or any political subdivision thereof exce pt as provided in this Act. The corporate authorities of any city, village, incorporated town, townsh ip, or county may provide by ordinance, however, t hat alcoholic liquor may be sold or delivered in any specifical ly designated building belonging to or under the control of th e municipality, township, or county, or in any building located on land unde r the control of the municipality, township, or county; provided that such township or county co mplies with all applicable local ordinances in any incorporated area of the township or county. Alcoholic liquor may be delivered to and sold under the authority of a special use permit on any property owned by a conser vation district organized under the Conservation District Act, provided that (i) the alcoholic liquor is sold only at an e vent authorized by the governing board of the conservation district, (ii) the issuance of the special use permit is authorized by the local liquor control commissioner of the territory in which the property is located , and (iii) the special use permit authorizes the sale of alcoh olic liquor for one day or less. Alcoholic liquors may be d elivered to and sold at any airport belonging to or under the control of a municipality of more than 25,000 inha bitants, or in any building or on any golf course owned b y a park district organized under the Park District Code, subje ct to the approval of the governing board of the district, or i n any building or on any golf course owned by a forest prese rve district organized under the Downstate Forest Preserve Dist rict Act, subject to the approval of the governing board of the district, or on the grounds within 500 feet of any building o wned by a forest preserve district organized under the Downsta te Forest Preserve District Act during times when food is di spensed for consumption within 500 feet of the building from which the food is dispensed, subject to the approval of the gove rning board of the district, or in a building owned by a Lo cal Mass Transit District organized under the Local Mass Trans it District Act, subject to the approval of the governing Board of the District, or in Bicentennial Park, or on the premises of the City of Mendota Lake Park located adjacen t to Route 51 in Mendota, Illinois, or on the premises of Camd en Park in Milan, Illinois, or in the community center owned by the City of Loves Park that is located at 1000 River Pa rk Drive in Loves Park, Illinois, or, in connection with the operation of an established food serving facility during t imes when food is dispensed for consumption on the premises, and at the following aquarium and museums located in public par ks: Art Institute of Chicago, Chicago Academy of Sciences, Ch icago Historical Society, Field Museum of Natural History, Mus eum of Science and Industry, DuSable Museum of African Am erican History, John G. Shedd Aquarium and Adler Planetariu m, or at Lakeview Museum of Arts and Sciences in Peoria, or in connection with the operation of the facilities of the Chicago Zoological Society or the Chicago Horticultural Society on land owned by the Forest Preserve District of Cook County, or o n any land used for a golf course or for recreational purp oses owned by the Forest Preserve District of Cook Coun ty, subject to the control of the Forest Preserve District Bo ard of Commissioners and applicable local law, provided that dram shop liability insurance is provided at maximum coverage li mits so as to hold the District harmless from all financi al loss, damage, and harm, or in any building located on land owned by the Chicago Park District if approved by the Pa rk District Commissioners, or on any land used for a golf course or for recreational purposes and owned by the Illinois International Port District if approved by the District's g overning board, or at any airport, golf course, faculty center, or facility in which conference and convention type activi ties take place belonging to or under control of any State university or public community college district, provided tha t with respect to a facility for conference and convention type activities alcoholic liquors shall be limited to the us e of the convention or conference participants or particip ants in cultural, political or educational activities held i n such facilities, and provided further that the faculty or s taff of the State university or a public community college d istrict, or members of an organization of students, alum ni, faculty or staff of the State university or a public community college district are active participants in the conf erence or convention, or in Memorial Stadium on the campus of the University of Illinois at Urbana-Champaign during games in which the Chicago Bears professional football team i s playing in that stadium during the renovation of Soldier Field, not more than one and a half hours before the start of the game and not after the end of the third quarter of th e game, or in the Pavilion Facility on the campus of the Un iversity of Illinois at Chicago during games in which the Chica go Storm professional soccer team is playing in that f acility, not more than one and a half hours before the start of the game and not after the end of the third quarter of the game, or in the Pavilion Facility on the camp us of the University of Illinois at Chicago during games in which the WNBA professional women's basketball team is p laying in that facility, not more than one and a half hours be fore the start of the game and not after the 10-minute mark of the second half of the game, or by a catering establis hment which has rented facilities from a board of trustees o f a public community college district, or in a restaur ant that is operated by a commercial tenant in the North Campus Parking Deck building that (1) is located at 1201 West Un iversity Avenue, Urbana, Illinois and (2) is owned by the Boar d of Trustees of the University of Illinois, or, if approved by the District board, on land owned by the Metropolitan Sanita ry District of Greater Chicago and leased to others for a term of at least 20 years. Nothing in this Section precludes the s ale or delivery of alcoholic liquor in the form of original packaged goods in premises located at 500 S. Racine in Chicago belonging to the University of Illinois and used prima rily as a grocery store by a commercial tenant during the term of a lease that predates the University's acquisition of the premises; but the University shall have no power or authori ty to renew, transfer, or extend the lease with terms allowing the sale of alcoholic liquor; and the sale of alcoholic liquor s hall be subject to all local laws and regulations. After the acquisiti on by Winnebago County of the property located at 404 Elm Street in Rockford, a commercial tenant who sold alcoholi c liquor at retail on a portion of the property under a va lid license at the time of the acquisition may continue to do s o for so long as the tenant and the County may agree under ex isting or future leases, subject to all local laws and regul ations regarding the sale of alcoholic liquor. Alcoho lic liquors may be delivered to and sold at Memorial Hall, lo cated at 211 North Main Street, Rockford, under conditions approved by Winnebago County and subject to all local laws and regulations regarding the sale of alcoholic liquor. Each facil ity shall provide dram shop liability in maximum insurance co verage limits so as to save harmless the State, municipality, State university, airport, golf course, faculty center, f acility in which conference and convention type activities tak e place, park district, Forest Preserve District, public co mmunity college district, aquarium, museum, or sanitary distric t from all financial loss, damage or harm. Alcoholic liquor s may be sold at retail in buildings of golf courses owned by municipalities or Illinois State University in connection wit h the operation of an established food serving facility during times when food is dispensed for consumption upon the premises . Alcoholic liquors may be delivered to and sold at retail in a ny building owned by a fire protection district organized under the Fire Protection District Act, provided that such delivery and sale is approved by the board of trustees of the district, and provided further that such delivery and s ale is limited to fundraising events and to a maximum of 6 ev ents per year. However, the limitation to fundraising events an d to a maximum of 6 events per year does not apply to the d elivery, sale, or manufacture of alcoholic liquors at the bui lding located at 59 Main Street in Oswego, Illinois, owned by the Oswego Fire Protection District if the alcoholic liquor is sold or dispensed as approved by the Oswego Fire Protec tion District and the property is no longer being utilized for fire protection purposes. Alcoholic liquors may be served or sold in buildings under the control of the B oard of Trustees of the University of Illinois for events tha t the Board may determine are public events and not rela ted student activities. The Board of Trustees shall issue a written policy within 6 months of August 15, 2008 (th e effective date of Public Act 95-847) concerning the type s of events that would be eligible for an exemption. The reafter, the Board of Trustees may issue revised, updated, new, or amended policies as it deems necessary and appropriate. In preparing its written policy, the Board of Trustees shall, am ong other factors it considers relevant and important, give con sideration to the following: (i) whether the event is a stud ent activity or student-related

student related activity; (ii) whethe r the physical setting of the event is conducive to control of liquor sales and distribution; (iii) the ability of the event op erator to ensure that the sale or serving of alcoholic liquors and the demeanor of the participants are in accordance with St ate law and University policies; (iv) regarding the anticip ated attendees at the event, the relative proportion of in dividuals under the age of 21 to individuals age 21 or older ; (v) the ability of the venue operator to prevent the s ale or distribution of alcoholic liquors to individuals u nder the age of 21; (vi) whether the event prohibits participant s from removing alcoholic beverages from the venue; and (vii) whether the event prohibits participants from providin g their own alcoholic liquors to the venue. In addition , any policy submitted by the Board of Trustees to the Illin ois Liquor Control Commission must require that any event at w hich alcoholic liquors are served or sold in buildings under the control of the Board of Trustees shall require the prior written approval of the Office of the C hancellor for the University campus where the event is located. The Board of Trustees shall submit its policy, and any subsequentl y revised, updated, new, or amended policies, to the Illi nois Liquor Control Commission, and any University event, or location for an event, exempted under such policies shall appl y for a license under the applicable Sections of this Ac t. Alcoholic liquors may be served or sold i n buildings under the control of the Board of Trustees of No rthern Illinois University for events that the Board may determine are public events and not student-related a ctivities. The Board of Trustees shall issue a written pol icy within 6 months after June 28, 2011 (the effective date of Public Act 97-45) concerning the types of events tha t would be eligible for an exemption. Thereafter, the Bo ard of Trustees may issue revised, updated, new, or amende d policies as it deems necessary and appropriate. In pre paring its written policy, the Board of Trustees shall, in a ddition to other factors it considers relevant and import ant, give consideration to the following: (i) whether the event is a student activity or student-related activ ity; (ii) whether the physical setting of the event is conducive to control of liquor sales and distribution; (iii) the ability of the event operator to ensure that the sa le or serving of alcoholic liquors and the demeanor of the participants are in accordance with State law and University policies; (iv) the a nticipated attendees at the event and the relative proporti on of individuals under the age of 21 to individuals age 2 1 or older; (v) the ability of the venue operator to prevent t he sale or distribution of alcoholic liquors to individuals un der the age of 21; (vi) whether the event prohibits particip ants from removing alcoholic beverages from the venue; and (v ii) whether the event prohibits participants from providing t heir own alcoholic liquors to the venue. Alcoholic liquors may be served or sold in buildin gs under the control of the Board of Trustees of Chicago Sta te University for events that the Board may determine are pub lic events and not student-related activities. The Boa rd of Trustees shall issue a written policy within 6 month s after August 2, 2013 (the effective date of Public Act 98-132 ) concerning the types of events that would be eligibl e for an exemption. Thereafter, the Board of Trustees may issue revised, updated, new, or amended policies as it deems necessary and appropriate. In preparing its written policy, t he Board of Trustees shall, in addition to other factors it con siders relevant and important, give consideration to the follow ing: (i) whether the event is a student activity or student-related activity; (ii) whether the physical setti ng of the event is conducive to control of liquor sales and distribution; (iii) the ability of the event operator to ensure that the sale or serving of alcoholic liquors an d the demeanor of the participants are in accordance w ith State law and University policies; (iv) the ant icipated attendees at the event and the relative proportion of individuals under the age of 21 to individuals age 21 or older; (v) the ability of the venue operator to prevent the sale or distribution of alcoholic liquors to individuals under the age of 21; (vi) whether the event prohibits partic ipants from removing alcoholic beverages from the venue; and (v ii) whether the event prohibits participants from providing t heir own alcoholic liquors to the venue. Alcoholic liquors may be served or sold in buildin gs under the control of the Board of Trustees of Illinois St ate University for events that the Board may determine are pu blic events and not student-related activities. The Bo ard of Trustees shall issue a written policy within 6 mont hs after March 1, 2013 (the effective date of Public Act 97-116 6) concerning the types of events that would be eligib le for an exemption. Thereafter, the Board of Trustees ma y issue revised, updated, new, or amended policies as it deem s necessary and appropriate. In preparing its written policy, the Board of Trustees shall, in addition to other factors it co nsiders relevant and important, give consideration to the follo wing: (i) whether the event is a student activity or student-related activity; (ii) whether the physical sett ing of the event is conducive to control of liquor sales an d distribution; (iii) the ability of the event operator to ensure that the sale or serving of alcoholic liquors a nd the demeanor of the participants are in accordance with State law and University policies; (iv) the an ticipated attendees at the event and the relative proportio n of individuals under the age of 21 to individuals age 21 or older; (v) the ability of the venue operator to prevent the sale or distribution of alcoholic liquors to individuals under the age of 21; (vi) whether the event prohibits partic ipants from removing alcoholic beverages from the venue; and (v ii) whether the event prohibits participants from providing t heir own alcoholic liquors to the venue. Alcoholic liquors may be served or sold in buildin gs under the control of the Board of Trustees of Southern Il linois University for events that the Board may determine are public events and not student-related activities. The Board of Trustees shall issue a written policy within 6 m onths after August 12, 2016 (the effective date of Public Act 99-795) concerning the types of events that would be el igible for an exemption. Thereafter, the Board of Trustee s may issue revised, updated, new, or amended policies as it deems necessary and appropriate. In preparing its written poli cy, the Board of Trustees shall, in addition to other factors i t considers relevant and important, give consideration to the f ollowing: (i) whether the event is a student activity or stud ent-related activity; (ii) whether the physical setting of the event is conducive to control of liquor sale s and distribution; (iii) the ability of the event oper ator to ensure that the sale or serving of alcoholic liquo rs and the demeanor of the participants are in accorda nce with State law and University policies; (iv) th e anticipated attendees at the event and the relative propo rtion of individuals under the age of 21 to individuals ag e 21 or older; (v) the ability of the venue operator to preven t the sale or distribution of alcoholic liquors to individuals under the age of 21; (vi) whether the event prohibits parti cipants from removing alcoholic beverages from the venue; and (v ii) whether the event prohibits participants from providing t heir own alcoholic liquors to the venue. Alcoholic liquors may be served or sold in building s under the control of the Board of Trustees of a public uni versity for events that the Board of Trustees of that public university may determine are public events and not student-related activities. If the Board of Trustees of a pub lic university has not issued a written policy pursuant to an exempti on under this Section on or before July 15, 2016 (the effective date of Public Act 99-550), then that Boa rd of Trustees shall issue a written policy within 6 months a fter July 15, 2016 (the effective date of Public Act 99- 550) concerning the types of events that would be eligible for an exemption. Thereafter, the Board of Trustees may issue revis ed, updated, new, or amended policies as it deems necessary a nd appropriate. In preparing its written policy, the B oard of Trustees shall, in addition to other factors it con siders relevant and important, give consideration to th e following: (i) whether the event is a student activity o r student-related activity; (ii) whether the phy sical setting of the event is conducive to control of liquor sales and distribution; (iii) the ability of the event operator to ensure that the sale or serving of alcoholic liquors and the demeanor of the participants are in accordan ce with State law and University policies; (iv) the anticipate d attendees at the event and the relative proportion of indi viduals under the age of 21 to individuals age 21 or older; (v) the ability of the venue operator to prevent the sale or distr ibution of alcoholic liquors to individuals under the age of 21; (vi ) whether the event prohibits participants from removing alcoholic beverages from the venue; and (vii) whether the event pr ohibits participants from providing their own alcoholic liqu ors to the venue. As used in this paragraph, "public unive rsity" means the University of Illinois, Illinois State Uni versity, Chicago State University, Governors State University, Southern Illinois University, Northern Illinois University, Ea stern Illinois University, Western Illinois University, and No rtheastern Illinois University. Alcoholic liquors may be served or sold in buildings under the control of the Board of Trustees of a community college district for events t hat the Board of Trustees of that community college distr ict may determine are public events and not student-relat ed activities. The Board of Trustees shall issue a written po licy within 6 months after July 15, 2016 (the effectiv e date of Public Act 99-550) concerning the types of event s that would be eligible for an exemption. Thereafter, the Bo ard of Trustees may issue revised, updated, new, or amended pol icies as it deems necessary and appropriate. In preparing its written policy, the Board of Trustees shall, in addition to other factors it considers relevant and important, give c onsideration to the following: (i) whether the event is a s tudent activity or student-related activity; (ii) whether the physical setting of the event is conducive to control o f liquor sales and distribution; (iii) the ability of the ev ent operator to ensure that the sale or serving of alcohol ic liquors and the demeanor of the participants are in accordance wi th State law and community college district policies; (iv) the anticipated attendees at the event and the relative prop ortion of individuals under the age of 21 to individual s age 21 or older; (v) the ability of the venue operator to pre vent the sale or distribution of alcoholic liquors to individuals under the age of 21; (vi) whether the event prohibits participan ts from removing alcoholic beverages from the venue; and (vii) whet her the event prohibits participants from providing their ow n alcoholic liquors to the venue. This paragraph does not apply to any community college district authorized to sell or serve alcoholic liquor under any other provision of this Se ction. Alcoholic liquor may be delivered to a nd sold at retail in the Dorchester Senior Business Center own ed by the Village of Dolton if the alcoholic liquor is sold or disp ensed only in connection with organized functions for which t he planned attendance is 20 or more persons, and if the person or facility selling or dispensing the alcoholic liquor h as provided dram shop liability insurance in maximum limits so as to hold harmless the Village of Dolton and the State from all financial loss, damage and harm. A lcoholic liquors may be delivered to and sold at retail in an y building used as an Illinois State Armory provided: (i) the Adjutant General's written consent to the issuance of a license to sell al coholic liquor in such building is filed with the Commission; (ii) the alcoholic liquor i s sold or dispensed only in connection with organized function s held on special occasions; (iii) the organized function is one for which the planne d attendance is 25 or more persons; and (iv) the facility selling or dispensing the alcoholic liquors has provided dram shop liabil ity insurance in maximum limits so as to save harmless the f acility and the State from all financial loss, damage or h arm. Alcoholic liquors may be delivered to and sold at retail in the Chicago Civic Center, provided that: (i) the written consent of the Public Building Commission which administers t he Chicago Civic Center is filed with the Commissio n; (ii) the alcoholic liquor is sold or dispensed only in connection with organized functions held on special occasions; (iii) the organized function is one for which the planned attenda nce is 25 or more persons; (iv) t he facility selling or dispensing the alcoholic liquors has p rovided dram shop liability insurance in maximum lim its so as to hold harmless the Civic Cen ter, the City of Chicago and the State from all financia l loss, damage or harm; and (v) all appl icable local ordinances are complied with. Alcoholic liquors may be delivered or sold in any bui lding belonging to or under the control of any city, villag e or incorporated town where more than 75% of the physical proper ties of the building is used for commercial or recreation al purposes, and the building is located upon a pier extending into or ov er the waters of a navigable lake or stream or on the shore of a navigable lake or stream. In accordance with a license issued under this Act, alcoholic liquor may be sold, served, or delivered in buildings and facilities under the control of the Department of Natural Resources during events or activities lasting no m ore than 7 continuous days upon the written approval of the Director of Natural Resources acting as the controlling government authority. The Director of Natural Resources may specify con ditions on that approval, including, but not limited to, requirements fo r insurance and hours of operation. Notwithstanding any oth er provision of this Act, alcoholic liquor sold b y a United States Army Corps of Engineers or Department of Natural Resources co ncessionaire who was operating on June 1, 1991 for on-premises consumption only is not subject to the provision s of Articles IV and IX. Beer and wine may be sold on the premises of the Joliet Park District Stadium owne d by the Joliet Park District when written consent to the issua nce of a license to sell beer and wine in such premises is filed with the local liquor commissioner by the Joliet Park Distri ct. Beer and wine may be sold in buildings on the grounds of S tate veterans' homes when written consent to the issuance of a license to sell beer and wine in such buildings is filed with the Commission by the Department of Veterans' Affairs, and the facility shall provide dram shop liability in maximum insurance coverage limits so as to save the facility harmless from all financial loss, damage or harm. Such liquors may be delivered to and sold at any property owned or held under lease by a Metropolitan Pier and Expositio n Authority or Metropolitan Exposition and Auditorium Autho rity. Beer and wine may be sold and dispense d at professional sporting events and at professional concerts and other entertainment events conducted on premises owned by the Fo rest Preserve District of Kane County, subject to the control of the District Commissioners and applicable local law, prov ided that dram shop liability insurance is provided at m aximum coverage limits so as to hold the District harmless fro m all financial loss, damage and harm. Nothing in this Section shall preclude the sale or delivery of beer and wine at a State or county fair or the sale or deli very of beer or wine at a city fair in any otherwise lawful ma nner. Alcoholic liquors may be sold at re tail in buildings in State parks under the control of th e Department of Natural Resources, provided: a. the State park has overnight lodging facilities with some restaurant facilities or, not having overni ght lodging facilities, has restaurant facilities which serv e complete luncheon and dinner or supper meals, b. (blank), and c. the alcoholic liquor s are sold by the State park lodge or restaurant conces sionaire only during the hours from 11 o'clock a.m. until 12 o' clock midnight. Notwithstanding any other provision of this Act, alcoholic liquor sold by the State park or restaurant con cessionaire is not subject to the provisions of Articles I V and IX. Alcoholic liquors may be sold at retail in buildings on properties under the control of the Division of Historic Preservation of the De partment of Natural Resources or the Abraham Lincoln Presidentia l Library and Museum provided:

a. the property has overnig ht lodging facilities with some restaurant facilities or , not having overnight lodging facilities, has restaurant f acilities which serve complete luncheon and dinner or supper meals, b. c onsent to the issuance of a license to sell alcoholic liq uors in the buildings has been filed with the commission b y the Division of Historic Preservation of the Department of Natural Resour ces or the Abraham Lincoln Presidential Library and Museum, and c. the alc oholic liquors are sold by the lodge or restaurant conces sionaire only during the hours from 11 o'clock a .m. until 12 o'clock midnight. The sale o f alcoholic liquors pursuant to this Section does not autho rize the establishment and operation of facilities commonly called taverns , saloons, bars, cocktail lounges, and the like except a s a part of lodge and restaurant facilities in State park s or golf courses owned by Forest Preserve Districts with a population of less than 3,000,000 or municipalities or park districts. Alcoholic liquors may be sold at retail in the Springfiel d Administration Building of the Department of Trans portation and the Illinois State Armory in Springfield; pr ovided, that the controlling government authority may consent to such sales only if a. the req uest is from a not-for-profit organization; b. such sales would not imp ede normal operations of the departments involved; c. the not-for-profit o rganization provides dram shop liability in maximum insu rance coverage limits and agrees to defend, save harmles s and indemnify the State of Illinois from all financial l oss, damage or harm; d. no such sale shall be made during normal working h ours of the State of Illinois; and e. the consent is in writing. Alcoh olic liquors may be sold at retail in buildings in recreat ional areas of river conservancy districts under the control of , or leased from, the river conservancy districts. S uch sales are subject to reasonable local regulations as pr ovided in Article IV; however, no such regulations may prohi bit or substantially impair the sale of alcoholic liquors on Sundays or Holidays. Alcoholic liquors may be provided in long term care facilitie s owned or operated by a county under Division 5-21 or 5-22 of the Counties Code, when ap proved by the facility operator and not in conflict with t he regulations of the Illinois Department of Public Hea lth, to residents of the facility who have had their consumption of the alcoholic liquors provided approved in writing by a physic ian licensed to practice medicine in all its branche s. Alcoholic liquors may be delivered to and dispensed in Sta te housing assigned to employees of the Department of Corr ections. No person shall furnish or allow to be furnished any alc oholic liquors to any prisoner confined in any jail, r eformatory, prison or house of correction except upon a physician's prescription for medicinal purposes. Alcoholic liquors may be sold at retail or dispensed a t the Willard Ice Building in Springfield, at the State Li brary in Springfield, and at Illinois State Museum facili ties by (1) an agency of the State, whether legislative, judici al or executive, provided that such agency first obtains written permission to sell or dispens e alcoholic liquors from the controlling government authority, or b y (2) a not-for-profit organization, provided that suc h organization: a. Obt ains written consent from the controlling government autho rity; b. Sells or disp enses the alcoholic liquors in a manner that does not impair normal operations of State offices located in the building; c. Sells or dispense s alcoholic liquors only in connection with an official a ctivity in the building; d. Provides, or its catering service provides, dram shop liabi lity insurance in maximum coverage limits and in which th e carrier agrees to defend, save harmless and indemnify the State o f Illinois from all financial loss, damage or harm arisi ng out of the selling or dispensing of alcoholic liquors. Nothing in this Act shall prevent a not-for -profit organization or agency of the State from em ploying the services of a catering establishment for the se lling or dispensing of alcoholic liquors at authorized fun ctions. The controlling government authority for the Wi llard Ice Building in Springfield shall be the Director of the Department of Revenue. The controlling government authority for Ill inois State Museum facilities shall be the Director of the Illinois State Museum. The controlling governme nt authority for the State Library in Springfield shall be the Secretary of State. Alcoholic liquor s may be delivered to and sold at retail or dispensed at any facility, property or building under the jurisdiction of the Division of His toric Preservation of the Department of Natural Resources, the Abraham Lincoln Presidential Library and Museum, or th e State Treasurer where the delivery, sale or dispensi ng is by (1) an agency of the State, whether legislative, judicial or executive, provided that such agency first obt ains written permission to sell or di spense alcoholic liquors from a controlling government authorit y, or by (2) an individual or organization provided tha t such individual or organization: a. Obtains written consent from the controlling government au thority; b. Sells or d ispenses the alcoholic liquors in a manner that does not impair normal workings of State offices or operations lo cated at the facility, property or building; c. Sells or dispenses alcoholic liqu ors only in connection with an official activity of the indi vidual or organization in the facility , property or building; d. Provides, or its catering service provides, dram shop li ability insurance in maximum coverage limits and in which the carrier agrees to defend, save harmless and indemnif y the State of Illinois from all financial loss, damage or har m arising out of the selling or dispensing of alcoholic liqu ors. The controlling government authority for the Division of Historic Preservation of the Department o f Natural Resources shall be the Director of Natural Reso urces, the controlling government authority for the Abraham Lincoln Presidential Library and Museum shall be the Executive Dire ctor of the Abraham Lincoln Presidential Library and M useum, and the controlling government authority for the facilities, property, or buildings under the juris diction of the State Treasurer shall be the State Tre asurer or the State Treasurer's designee. Alcoholic liquors may be delivered to and sold at retail or dispensed for consumption at the Michael Bilandic Building at 160 North LaSalle Street, Ch icago IL 60601, after the normal business hours of any day care or child care fac ility located in the building, by (1) a commercial tenant or subtenant conducting business on the premises under a le ase made pursuant to Section 405-315 of the Depa rtment of Central Management Services Law (20 ILCS 405/405-315), provided that such t enant or subtenant who accepts delive ry of, sells, or dispenses alcoholic liquors shall procur e and maintain dram shop liability insurance in maximum cover age limits and in which the carrier agrees to defend, indemn ify, and save harmless the State of Illinois from all fina ncial loss, damage, or harm arising out of the delivery, s ale, or dispensing of alcoholic liquors, or by (2) an age ncy of the State, whether legislative, judicial, or executive, provided that such agency first obtains written permission to accept delivery of and sell or dispense alcoholic l iquors from the Director of Central Management Services, or by (3) a not-for-profit organization, provided that such organization: a. obtains written consent from the Department of Central Management Services; b. accepts delivery of and sells or dispenses the alcoholic liquors in a manner that do es not impair normal operations of State offices located in the buil ding; c. accepts delivery of and sells or dispenses alco holic liquors only in connection with an official activity i n the building; and d. pr ovides, or its catering service provides, dram shop liabili ty insurance in maximum coverage limits and in which the carrier agrees to defend, save harmless, and indemnify the State of Illinois from all financial loss, damage, or harm arising out of the selling or dispensing of alcohol ic liquors. Nothing in this Act shall preve nt a not-for-profit organization or agency of th e State from employing the services of a catering establishm ent for the selling or dispensing of alcoholic liquor s at functions authorized by the Director of Central Management Services. Alcoholic liquors may be sold at retail or dispensed at the James R. Thompson Center in Chicago, subject to the provisions of Section 7.4 of the State Property Control Act, and 222 South College Street in Springfield, Illinois by (1) a com mercial tenant or subtenant conducting business on the premises under a lease or su blease made pursuant to Section 405-315 of the Department of Central Management Services Law (20 ILCS 405/405-315), provided tha t such tenant or subtenant who sells or dispenses alcoholi c liquors shall procure and maintain dram shop liability in surance in maximum coverage limits and in which the car rier agrees to defend, indemnify and save harmless the St ate of Illinois from all financial loss, damage or harm a rising out of the sale or dispensing of alcoholic liquors, or by (2) an agency of the State, whether le gislative, judicial or executive, provided that such ag ency first obtains written permission to sell or dispens e alcoholic liquors from the Director of Central Management Ser vices, or by (3) a not-for-profit organization, provided that such organization:

a. Obtains written consent from the Departme nt of Central Management Services; b. Sells or dispenses the alcoholic liquors in a manne r that does not impair normal operations of State offices located in the building;

c. Sells or dispenses alcoholic liquors only in connection with an official act ivity in the building; d. Provides, or its cat ering service provides, dram shop liability insurance in ma ximum coverage limits and in which the carrier agrees to de fend, save harmless and indemnify the State of Illinois from all financial loss, damage or harm arising out of the sell ing or dispensing of alcoholic liquors. Noth ing in this Act shall prevent a not-for-profit or ganization or agency of the State from employing the services of a catering establishment for the selling or dispensing of al coholic liquors at functions authorized by the Director of Ce ntral Management Services. Alcoholic liquors may be sold or delivered at any facility owned by the Illinois Sports Facilities Authority provided that dram shop liability insurance has been made available in a form, with such coverage and in such amounts as the Au thority reasonably determines is necessary. Alcoholic liquors may be sold at retail or dispensed at the Rockford State Office Building by (1) an agency o f the State, whether legislative, judicial or executive, provided that such agency first obtains written permission to sell or dispense alcoh olic liquors from the Department of Central Management Serv ices, or by (2) a not-for-profit organizat ion, provided that such organization: a. Obtains written consent from the Departm ent of Central Management Services; b. Sells or dispenses the alc oholic liquors in a manner that does not impair normal operations of State offices located in the building; c. Sells or dispenses alcoholic liquors only in connection with an official activity in th e building; d. Provides, or its catering service provides, dram shop liability insu rance in maximum coverage limits and in which the carrier agre es to defend, save harmless and indemnify the State of Illinois from all financial loss, damage or harm arising out of the selling or dispensing of alcoholic liquors. Nothing in this Act shall prevent a not-fo r-profit organization or agency of the State from empl oying the services of a catering establishment for the sellin g or dispensing of alcoholic liquors at functions authoriz ed by the Department of Central Management Services. Alc oholic liquors may be sold or delivered in a building that is owned by McLean County, situated on land owned by the co unty in the City of Bloomington, and used by the McLean Co unty Historical Society if the sale or delivery is appr oved by an ordinance adopted by the county board, and t he municipality in which the building is located may not prohi bit that sale or delivery, notwithstanding any other p rovision of this Section. The regulation of the sale and delivery of alcoholic liqu or in a building that is owned by McLean County, situated on land owned by the county, and used by the McLean County Historical Society as provided in this paragraph is an exclusive power and function of the State and is a denia l and limitation under Article VII, Section 6, subsection ( h) of the Illinois Constitution of th e power of a home rule municipality to regulate that sale and d elivery. Alcoholic liquors may be sol d or delivered in any building situated on land held in trust for any school district organized under Article 34 of the School Code, if the building is not used for school purposes and if the sale or delivery is approved by the board of education. Alcoholic liquors may be delivere d to and sold at retail in any building owned by a public library district, provided that the delivery and sale is appro ved by the board of trustees of that public library d istrict and is limited to library fundraising events or program s of a cultural or educational nature. Before the board of tru stees of a public library district may approve the delive ry and sale of alcoholic liquors, the board of trustees of the public library district must have a written policy that has b een approved by the board of trustees of the public library di strict governing when and under what circumstances alcoholic l iquors may be delivered to and sold at retail on property owned by that public library district. The written policy must (i) p rovide that no alcoholic liquor may be sold, distribut ed, or consumed in any area of the library accessible to th e general public during the event or program, (ii) proh ibit the removal of alcoholic liquor from the venue during the event, and (iii) require that steps be taken to prevent the sal e or distribution of alcoholic liquor to persons under the age of 21. Any public library district that has alco holic liquor delivered to or sold at retail on property owned by the public library district shall provide dram shop liabilit y insurance in maximum insurance coverage limits so as to save harmless the public library districts from all financia l loss, damage, or harm. Alcoholic liqu ors may be sold or delivered in buildings owned by the C ommunity Building Complex Committee of Boone County, Illinois if the person or facility selling or dispensing the alcoholic l iquor has provided dram shop liability insurance with coverage and in amounts that the Committee reasonably determines are ne cessary. Alcoholic liquors may be sold or delivered in the building located at 1200 Centerville Avenue in Belleville, Illinois and occupied by either the Bell eville Area Special Education District or the Belleville Are a Special Services Cooperative. Alcoholic l iquors may be delivered to and sold at the Louis Joliet Renaiss ance Center, City Center Campus, located at 214 N. Ott awa Street, Joliet, and the Food Services/Culinary Arts Depa rtment facilities, Main Campus, located at 1215 Houbolt Roa d, Joliet, owned by or under the control of Joliet Juni or College, Illinois Community College District No. 525.

Alcoholic liquors may be delivered to and sold at Triton College, Illinois Community College District No. 504. Alcoholic liquors may be delivered to and sold at th e College of DuPage, Illinois Community College District No . 502. Alcoholic liquors may be del ivered to and sold on any property owned, operated, or controlled by Lewis and Clark Community College, Illinois Community College District No. 536. Alcoholic l iquors may be delivered to and sold at the building located at 446 East Hickory Avenue in Apple River, Illinois, owned by the Apple River Fire Protection District, and occupied by the Apple River Community Association if the alcoholic liquor is sold or dispen sed only in connection with organized functions approv ed by the Apple River Community Association for which the pla nned attendance is 20 or more persons and if t he person or facility selling or dispensing the alcoholic l iquor has provided dram shop liability insurance in maximum limits so as to hold harmless the Apple River Fire Protection District, the Village of Apple River , and the Apple River Community Association from all fina ncial loss, damage, and harm. Alcoholic liquors may be delivered to and sold at the Sikia Restaurant, Kenned y King College Campus, located at 740 West 63rd Street, Chi cago, and at the Food Se rvices in the Great Hall/Washburne Culinary Institute Department facility, Kennedy King College Campus, located a t 740 West 63rd Street, Chicago, owned by or under the cont rol of City Colleges of Chicago, Illinois Community College District No. 508.

Alcoholic liquors may be delivered to an d sold at the building located at 305 West Grove St. in Popla r Grove, Illinois that is owned and operated by North Boone F ire District #3 if the alcoholic liquor is sold or dispensed o nly in connection with organized functions approved by the North Boone Fire District #3 for which the planned attenda nce is 20 or more persons and if the person or facility sell ing or dispensing the alcoholic liquor has provided dr am shop liability insurance in maximum limits so as to hold h armless North Boone County Fire District #3 from all financi al loss, damage, and harm. (Source: P.A. 103-956, eff. 8-9-24; 103-971, eff. 8-9-24; revised 9-25-24.) S ection 900. The Illinois Public Aid Code i s amended by changing Sections 5-5, 5-5.01a, 5-5a.1, 5-16.8, 5-16.8a, 5-30.1, and 14-12 and by setting forth and renumbering Sections 5-5.24a and 5-52 as follows: (305

ILCS 5/5-5) (Text of Section before amendment by P.A. 10 3-808) Sec. 5-5. Medical services.

The Illinois Department, by rule, shall determine the q uantity and quality of and the rate of reimbursement for the medical assistance for which payment will be authorized, and the medical services to be provid ed, which may include all or part of the following: (1) inpatient hospital services; (2) outpa tient hospital services; (3) other laboratory and X-ray services; (4) skilled nursing home services; (5) physicians' services whether fu rnished in the office, the patient's home, a hospital, a skilled nursing ho me, or elsewhere; (6) medical care, or any other type of remedial care furnished by lic ensed practitioners; (7) home health care services; (8) private dut y nursing service; (9) clinic services; (10) dental services, including prevention and treatment of periodontal disease and dental c aries disease for pregnant individuals, provided by an individual licensed to p ractice dentistry or dental surgery; for purposes of this item (10), "dental services" means diagnostic, preventive, or corrective proced ures provided by or under the supervision of a dentist in the practice of his or her profession; (11) physical ther apy and related services; (12) prescribed drugs, dentures, and prosthetic devices; and eyeglasses prescribed by a physician s killed in the diseases of the eye, or by an optometrist, whic hever the person may select; (13) other diagnostic, screening, preventive, and rehabilitative services, including to ensure t hat the individual's need for intervention or treatment of men tal disorders or substance use disorders or co-occurri ng mental health and substance use disorders is determined using a uniform screening, assessment, and evaluation proc ess inclusive of criteria, for children and adults; for purp oses of this item (13), a uniform screening, assessment, and evaluation process refers to a process that includes an app ropriate evaluation and, as warranted, a referral; "uniform" do es not mean the use of a singular instrument, tool, or proces s that all must utilize; (14) transportation and such other ex penses as may be necessary; (15) medical treatment of sexual a ssault survivors, as defined in Section 1a of the Sexual Assau lt Survivors Emergency Treatment Act, for injuries sustai ned as a result of the sexual assault, including examinations and laboratory tests to discover evidence which may be used in criminal proceedings arising from the sexual assault; (16 ) the diagnosis and treatment of sickle cell anemia; (16. 5) services performed by a chiropractic physician lice nsed under the Medical Practice Act of 1987 and acting within the scope of his or her license, including, but not limited to , chiropractic manipulative treatment; and (17) any other medica l care, and any other type of remedial care recognized under th e laws of this State. The term "any other type of remedial care " shall include nursing care and nursing home service for per sons who rely on treatment by spiritual means alone through prayer for healing. Notwithstanding a ny other provision of this Section, a comprehensive toba cco use cessation program that includes purchasing prescr iption drugs or prescription medical devices approved by the Food and Drug Administration shall be covered under the medica l assistance program under this Article for persons who are otherwise eligible for assistance under this Article.

Notwithstanding any other provision of this Code, reproductive health care that is otherwise legal in I llinois shall be covered under the medical assistance pr ogram for persons who are otherwise eligible for medical assis tance under this Article. Notwithstanding any other provision of this Section, all tobacco cessation medi cations approved by the United States Food and Drug Admin istration and all individual and group tobacco cessation counse ling services and telephone-based counseling services an d tobacco cessation medications provided through the Illinois Tobacco Quitline shall be covered under the medical a ssistance program for persons who are otherwise eligible for assistance under this Article. The Department shall comply with all federal requirements necessary to obtain federal financial partici pation, as specified in 42 CFR 433.15(b)(7), for telephone-based counseling services provided through the Illinois Tob acco Quitline, including, but not limited to: (i) entering i nto a memorandum of understanding or interagency agreement wi th the Department of Public Health, as administrator of the Illinois Tobacco Q uitline; and (ii) developing a cost allocation plan for Medic aid-allowable Illinois Tobacco Quitline services in accordance with 45 CFR 95.507. The Department shall submit the memorandum of understanding or int eragency agreement, the cost allocation plan, and all oth er necessary documentation to the Centers for Medicare and M edicaid Services for review and approval. Coverage under t his paragraph shall be contingent upon federal approval. Notwithstanding any other provision of this Code, th e Illinois Department may not require, as a condition of paym ent for any laboratory test authorized under this Article, th at a physician's handwritten signature appear on the labora tory test order form. The Illinois Department may, however, imp ose other appropriate requirements regarding laboratory test order documentation. Upon receipt of federal approval of an amendment to the Illinois Title XIX State P lan for this purpose, the Department shall authorize the Chicag o Public Schools (CPS) to procure a vendor or vendors to manufa cture eyeglasses for individuals enrolled in a school wit hin the CPS system. CPS shall ensure that its vendor or vendors are enrolled as providers in the medical assistance program and in any capitated Medicaid managed care entity (MCE ) serving individuals enrolled in a school within the CPS sy stem. Under any contract procured under this provision, the ven dor or vendors must serve only individuals enrolled in a school within the CPS system. Claims for services provided by CPS's vendor or vendors to r ecipients of benefits in the medical assistance progra m under this Code, the Children's Health Insurance Program, or the Covering ALL KIDS Health Insurance Program shall be submit ted to the Department or the MCE in which the individual is enrolled for payment and shall be reimbursed at the Departmen t's or the MCE's established rates or rate methodologies for ey eglasses. On an d after July 1, 2012, the Department of Healthcare and F amily Services may provide the following services to persons el igible for assistance under this Article who are participating in education, training or employment programs operated by t he Department of Human Services as successor to the Departmen t of Public Aid: (1) dent al services provided by or under the supervision of a den tist; and (2) eyeglasses prescribed by a physician skilled in the diseases of the eye, or by an optometrist, whichever the person may select. On and after July 1, 2018, the Department of Healthcare and Family Services shall provide dental services to any adult who is otherwise eligible for assistance under the m edical assistance program. As used in this paragraph, "dental services" means diagnostic, preventative, restorative, or corrective procedures, including procedures and services fo r the prevention and treatment of periodontal disease and d ental caries disease, provided by an individual who is licensed to practice denti stry or dental surgery or who is under the supervision o f a dentist in the practice of his or her profession. On and after July 1, 2018, targeted dental se rvices, as set forth in Exhibit D of the Consent Decree ente red by the United States District Court for the Northern Dist rict of Illinois, Eastern Division, in the matter of Memiso vski v. Maram, Case No. 92 C 1982, that are provide d to adults under the medical assistance program shall be es tablished at no less than the rates set forth in the "New Rate" column in Exhibit D of the Consent Decree for targe ted dental services that are provided to persons under the age of 18 under the medical assistance program. Subject to federal approval, on an d after January 1, 2025, the rates paid for sedation evalua tion and the provision of deep sedation and intravenous sedation for the purpose of dental services shall be incr eased by 33% above the rates in effect on December 31, 2024. The rates paid for nitrous oxide sedation shall not be impacted by this paragraph and shall remain the same as the rates in effect on December 31, 2024. Notwithst anding any other provision of this Code and subject to federal approval, the Departme nt may adopt rules to allow a dentist who is volunteerin g his or her service at no cost to render dental services th rough an enrolled not-for-profit health clinic without the dentist personally enrolling as a participatin g provider in the medical assistance program. A not-for -profit health clinic shall include a public health clini c or Federally Qualified Health Center or other enrolled provid er, as determined by the Department, through which dental se rvices covered under this Section are performed. The Depar tment shall establish a process for pay ment of claims for reimbursement for covered dental service s rendered under this provision. Subject to appropriation and to federal approval, the Department s hall file administrative rules updating the Handicapping Labi o-Lingual Deviation orthodontic scoring tool by January 1, 2025, or as soon as practicable. On a nd after January 1, 2022, the Department of Healthcare and Family Services shall administer and regulate a school-based dental program that allows for the out-of-office delivery of preventative dental services in a school setting to childr en under 19 years of age. The Department shall esta blish, by rule, guidelines for participation by providers and set requir ements for follow-up referral care based on the requirements established in the Dental Office Reference Manual publi shed by the Department that establishes the requirements for dentists participating in the All Kids Dental School Pro gram. Every effort shall be made by the Department when devel oping the program requirements to consider the different geographic differences of both urban and rural areas of the State for initial treatment and necessary follow-up care. N o provider shall be charged a fee by any unit of local government to participate in the school-based den tal program administered by the Department. Nothing in this paragrap h shall be construed to limit or preempt a home rule unit's or sch ool district's authority to establish, change, or administe r a school-based dental program in addition to , or independent of, the school-based dental program administered by the D epartment. The Illinois Department, by rul e, may distinguish and classify the medical services to be provided only in accordance with the classes of persons des ignated in Section 5-2. The Department of H ealthcare and Family Services must provide coverage and reimbur sement for amino acid-based elemental formulas, regardle ss of delivery method, for the diagnosis and treatment of (i) eosinophilic disorders and (ii) short bowel syndrome w hen the prescribing physician has issued a written order stati ng that the amino acid-based elemental formula is medi cally necessary. The Illinois Department shall a uthorize the provision of, and shall authorize payment for, scre ening by low-dose mammography for the presence of occult breast cancer for individuals 35 years of age or older who a re eligible for medical assistance under this Article, as f ollows: (A) A baseline m ammogram for individuals 35 to 39 years of age. (B) An annual mammogram for individuals 40 years of age or older. (C) A mammogram at the age and intervals considered medically necessary by the i ndividual's health care provider for individuals under 40 yea rs of age and having a family history of breast cancer, prior personal history of br east cancer, positive genetic testing, or other risk factors. (D) A comprehensive ultr asound screening and MRI of an entire breast or breasts if a ma mmogram demonstrates heterogeneous or dense breast tissue or wh en medically necessary as determined by a physician licensed to pr actice medicine in all of its branches. (E) A screening MRI when medicall y necessary, as determined by a physician licensed to practic e medicine in all of its branches. (F) A diagnostic mammogram when medically ne cessary, as determined by a physician licensed to practice medicine in all its b ranches, advanced practice registered nurse, or physicia n assistant. The Departme nt shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided under this paragraph; except tha t this sentence does not apply to coverage of diagno stic mammograms to the extent such coverage would disquali fy a high-deductible health plan from eligibility fo r a health savings account pursuant to Section 223 of the Internal Revenue Code (26 U.S.C. 223).

All screenings shall include a physical b reast exam, instruction on self-examination and information regarding the frequency of self-exam ination and its value as a preventative tool. For purposes of this Section: "Diagnostic mammogram" means a mammogram obtained using diagnostic mammography. "Diagnostic mammography" me ans a method of screening that is designed to evalu ate an abnormality in a breast, including an abnormality se en or suspected on a screening mammogram or a subjective or objective abnormality otherwise detected in the breast. "Low-dose mammograp hy" means the x-ray examination of the breast using e quipment dedicated specifically for mammography, including the x-ray tube, filter, compression device, and image receptor, with an average radiation exposure delivery of less than one rad per breast for 2 views of an average size breast. The t erm also includes digital mammography and includes breast tomosynthesis. "Breast tomosynthesis" m eans a radiologic procedure that involves the acquisition of projection images over t he stationary breast to produce cross-sectional digital three-dimensional images of the breast. If, at any time, the Secretary of the United States Department of Health and Human Services, or its successor agency, promulgates rules or regulations to be published in the Federa l Register or publishes a comment in the Federal Register or issues an opinion, guidance, or other action that would req uire the State, pursuant to any provision of the Patient Protec tion and Affordable Care Act (Public Law 111-148), inclu ding, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any successor provision, to defray the cos t of any coverage for breast tomosynthesis outlined in this par agraph, then the requirement that an insurer cover breast tomosy nthesis is inoperative other than any such coverage authorized under Section 1902 of the Social Security Act, 42 U.S.C. 139 6a, and the State shall not assume any obligation for t he cost of coverage for breast tomosynthesis set forth in this paragraph. On and after J anuary 1, 2016, the Department shall ensure that all ne tworks of care for adult clients of the Department include access to at least one breast imaging Center of Imaging Excellen ce as certified by the American College of Radiology . On and after January 1, 2012, provider s participating in a quality improvement program approved by the Department shall be reimbursed for screening and diagn ostic mammography at the same rate as the Medicare program's r ates, including the increased reimbursement for digital ma mmography and, after January 1, 2023 (the effective dat e of Public Act 102-1018), breast tomosynthesis. The Department shall convene an expert panel i ncluding representatives of hospitals, free-standing mammography facilities, and doctors, including radiologists, to establish quality standards for mammography. On and after January 1, 2017, providers participatin g in a breast cancer treatment quality improvement program a pproved by the Department shall be reimbursed for breast cancer treatment at a rate that is no lo wer than 95% of the Medicare program's rates for the data elements included in the breast cancer treatment quality progr am. The Department shall convene an ex pert panel, including representatives of hospitals, free-standing breast cancer tr eatment centers, breast cancer quality organizations, and d octors, including breast surgeons, reconstructive breast surg eons, oncologists, and primary care providers to establish qua lity standards for breast cancer treatment. Subject to federal approval, the Department shall esta blish a rate methodology for mammography at federally qualified hea lth centers and other encounter-ra te clinics. These clinics or centers may also collabora te with other hospital-based mammography facilities. By January 1, 2016, the Department shall report to the General As sembly on the status of the provision set forth in th is paragraph. The Department shall establ ish a methodology to remind individuals who are age-app ropriate for screening mammography, but who have not rec eived a mammogram within the previous 18 months, of the import ance and benefit of screening mammography. The Department sha ll work with experts in breast cancer outreach and p atient navigation to optimize these reminders and shall establish a methodology for evaluating their effectiveness and m odifying the methodology based on the evaluation. The Department shall establish a performance goal for primary care providers with respect to their female patient s over age 40 receiving an annual mammogram. This performance goa l shall be used to provide additional reimbursemen t in the form of a quality performance bonus to primary ca re providers who meet that goal. The Department shall devise a means of case-managing or patient n avigation for beneficiaries diagnosed with breast cancer. This progra m shall initially operate as a pilot program in areas of the S tate with the highest incidence of mortality related to breast c ancer. At least one pilot program site shall be in the metropolitan Chicago area and at least one site shall be outside the metropolitan Chicago area. On or after July 1, 2016, the pilo t program shall be expanded to include one site in western Illinois, one site in southern Illinois, one site in c entral Illinois, and 4 sites within metropolitan Chicago. An evaluation of the pilot program shall be carried out me asuring health outcomes and cost of care for those served by th e pilot program compared to si milarly situated patients who are not served by the pi lot program. The Department shall require all networks of care to develop a means either internally or by contract with experts in navigation and community outreach to navigate cancer patients to comprehensive care in a timely fashion. The Department shall require all networks of care to include access for patients diagnosed with cancer to at least one academic commission on cancer-accredited cancer program as an in-network c overed benefit. The Department shall provi de coverage and reimbursement for a human papillomavirus (HPV) vaccine that is approved for marketing by the federal Food and D rug Administration for all persons between the ages of 9 an d 45. Subject to federal approval, the Department shall pro vide coverage and reimbursement for a human papillomavirus (HPV) vaccine for persons of the age of 46 and above who ha ve been diagnosed with cervical dysplasia with a high risk of r ecurrence or progression. The Department shall disallow any pr eauthorization requirements for the administration of th e human papillomavirus (HPV) vaccine. On or after July 1, 2 022, individuals who are otherwise eligible for medic al assistance under this Article shall receive coverage for pe rinatal depression screenings for the 12-month per iod beginning on the last day of their pregnancy. Medica l assistance coverage under this paragraph shall be condi tioned on the use of a screening instrument approved by th e Department. Any medical or health care provider shall immediately recommend, to any pregnant individ ual who is being provided prenatal services and is suspe cted of having a substance use disorder as defined in the Subs tance Use Disorder Act, referral to a local substance use diso rder treatment program licensed by the Department of Huma n Services or to a licensed hospital which provides substance abuse treatment services. The Department of Healt hcare and Family Services shall assure coverage for the cost of treatment of the drug abuse or addiction for pregnant recipients in accordance with the Illinois Med icaid Program in conjunction with the Department of Human Se rvices. All medical providers provid ing medical assistance to pregnant individuals under thi s Code shall receive information from the Department on t he availability of services under any program providing case management services for addicted individuals, including information on appropriate referrals for other social services that ma y be needed by addicted individuals in addition to treatment for addiction.

The Illinois Department, in cooperation with the Depar tments of Human Services (as successor to the Department of Alcoholism and Substance Abuse) and Public Health, through a public awareness campaign, may provide information conc erning treatment for alcoholism and drug abuse and addiction, prenatal health care, and other pertinent programs directed a t reducing the number of drug-affected infants born to recipients of medical assistance. Neither the Department of Healthcare and Family Services nor the Department of Human Services shall sanction the recipien t solely on the basis of the recipient's substance abuse. The Illinois Departmen t shall establish such regulations governing the dispe nsing of health services under this Article as it shall deem ap propriate. The Department should seek the advice of formal pro fessional advisory committees appointed by the Director of the Illinois Department for the purpose of providing regu lar advice on policy and administrative matters, informat ion dissemination and educational activities for medical and health car e providers, and consistency in procedures to the Illinois Department. The Illinois Departme nt may develop and contract with Partnerships of medical provi ders to arrange medical services for persons eligible under Section 5-2 of this Code. Implementation o f this Section may be by demonstration projects in certain geo graphic areas. The Partnership shall be represented by a sponsor org anization. The Department, by rule, shall develop qualif ications for sponsors of Partnerships. Nothing in this Se ction shall be construed to require that the sponsor org anization be a medical organization. The sponsor must negotiate fo rmal written contracts with medical providers for physici an services, inpatient and outpatient hospital care, home healt h services, treatment for alcoholism and substance abuse, and other services determined necessary by the Illinois Department by rule for delivery by Partnerships. Physician services m ust include prenatal and obstetrical care. The Illinois Departm ent shall reimburse medical services delivered by Partner ship providers to clients in target areas according to provisions of this Article and the Illinois Health Financ e Reform Act, except that: (1) Physicians participating in a Partnership and pro viding certain services, which shall be determined by the I llinois Department, to persons in areas covered by the Partnership may receive an additional surcharge for such servic es. (2) The Department may elect to consider and negotiate financial ince ntives to encourage the development of Partnerships and the efficient delivery of medical care. (3) Persons receiving medical services through Partnerships may recei ve medical and case management services above the level usually offered through the medical assistance program. Medical providers shall be required to meet certa in qualifications to participate in Partnerships to ensure th e delivery of high quality medical services. These qualific ations shall be determined by rule of the Illinois Departm ent and may be higher than qualifications for participation in the medical assistance program. Partnership sponsors may pre scribe reasonable additional qualifications for participation by medical providers, only with the prior written approval of the Illinois De partment. Nothing in this Section shal l limit the free choice of practitioners, hospitals, and other providers of medical services by clients. In orde r to ensure patient freedom of choice, the Il linois Department shall immediately promulgate all rules and take all other necessary actions so that provided ser vices may be accessed from therapeutically certified optometrists to the full extent of the Illinois Optometric Practice Act of 1987 without discriminating between service providers. The Department shall apply for a waiver from the United States Health Care Financing Admini stration to allow for the implementation of Partners hips under this Section. The Illinois Dep artment shall require health care providers to ma intain records that document the medical care and services provided to recipients of Medical Assistance under th is Article. Such records must be retained for a period of not less than 6 years from the date of service or as provided b y applicable State law, whichever period is longer, except t hat if an audit is initiated within the required retention perio d then the records must be retained until the audit is completed and every exception is resolved. The Illinois D epartment shall require health care providers to make avail able, when authorized by the patient, in writing, the medical records in a timely fashion to other health care provi ders who are treating or serving persons eligible for M edical Assistance under this Article. All dispensers of me dical services shall be required to maintain and retain busines s and professional records sufficient to fully and accurately document the nature, scope, deta ils and receipt of the health care provided to persons eligib le for medical assistance under this Code, in accordance with regulati ons promulgated by the Illinois Department. The ru les and regulations shall require that proof of the receipt o f prescription drugs, dentures, prosthetic devices and eye glasses by eligible persons under this Section accompany each c laim for reimbursement submitted by the dispenser of suc h medical services. No such claims for reimbursement shall be approved for payment by the Illinois Department without s uch proof of receipt, unless the Illinois Department shall ha ve put into effect and shall be operating a system of po st-payment audit and review which shall, on a samplin g basis, be deemed adequate by the Illinois Department to as sure that such drugs, dentures, prosthetic devices and eyegla sses for which payment is being made are actually being rec eived by eligible recipients. Within 90 days after Septem ber 16, 1984 (the effective date of Public Act 83-14 39), the Illinois Department shall establish a current lis t of acquisition costs for all prosthetic devices and any othe r items recognized as medical equipment and supplies reim bursable under this Article and shall update such list on a quarterly basis, except that the acquisition costs of all prescription drugs shall be updated no less freque ntly than every 30 days as required by Section 5-5.12. Notwithstanding any other law to the contrary, the Illinois Department shall, within 365 day s after July 22, 2013 (the effective date of Public Act 98-104), establish procedures to permit skilled care facili ties licensed under the Nursing Home Care Act to submit mont hly billing claims for reimbursement purposes. Following development of these procedures, the Department shall, by July 1, 2016, test the viability of the new system and implement an y necessary operational or structural changes to its informat ion technology platforms in order to allow for the direct accep tance and payment of nursing home claims.

Notwithstanding any other law to the contrary, the Illinois Dep artment shall, within 365 days after August 15, 2014 (the effec tive date of Public Act 98-963), establish procedures t o permit ID/DD facilities licensed under the ID/DD Community Ca re Act and MC/DD facilities licensed under the MC/DD Act to s ubmit monthly billing claims for reimbursement purposes. Following development of these procedures, the Department sha ll have an additional 365 days to test th e viability of the new system and to ensure that an y necessary operational or structural changes to its informatio n technology platforms are implemented.

The Illinois Department shall require all dispensers of medi cal services, other than an individual practitioner or group of practitioners, desiring to participate in the Medical Assistance program established under this Article to disclos e all financial, beneficial, ownership, equity, surety o r other interests in any and all firms, corporations, partnerships, associations, business enterprises, joi nt ventures, agencies, institutions or other legal entities provid ing any form of health care services in this State under this Article. The Illinois Departme nt may require that all dispensers of medical services desiring to participate in the medical assistance program established un der this Article disclose, under such terms and conditions as the Illinois Department may by rule establish, all inquiri es from clients and attorneys regarding medical bills pai d by the Illinois Department, which inquiries could indic ate potential existence of claims or liens for the Illinois D epartment. Enrollment of a vendor shall be subject to a provisional period and shall be con ditional for one year. During the period of conditional enrollment, the Department may terminate the vendor's eligi bility to participate in, or may disenroll the vendor from, the medical assistance program without cause. Unless otherwise sp ecified, such termination of eligibility or disenrollment is n ot subject to the Department's hearing process. However, a d isenrolled vendor may reapply without penalty. The Department has the discretion to limit the conditio nal enrollment period for vendors based upon the category of risk of the v endor. Prior to enrollment and during the conditional enrollment period in the medical assistance program, all vendors shall be subject to enhanced oversight , screening, and review based on the risk of fraud, waste, and abuse that is posed by the category of risk of the vendor. T he Illinois Department shall establish the procedures for overs ight, screening, and review, which may include, but need n ot be limited to: criminal and financial background ch ecks; fingerprinting; license, certification, and authori zation verifications; unscheduled or unannounced site vis its; database checks; prepayment audit reviews; audits; payment caps; payment suspensions; and other screening as required b y federal or State law. The Department shall define or specify the following: (i) by provider notice, the "c ategory of risk of the vendor" for each type of vendor, w hich shall take into account the level of screening applica ble to a particular category of vendor under federal law and regulations; (ii) by rule or provider notice, the maximum length of the conditional enro llment period for each category o f risk of the vendor; and (iii) by rule, the hearing right s, if any, afforded to a vendor in each category of risk of the vendor that is terminated or disenrolled during the condition al enrollment period. To be eligible f or payment consideration, a vendor's payment claim or bill, ei ther as an initial claim or as a resubmitted claim following pr ior rejection, must be received by the Illinois Department, or its fiscal intermediary, no later than 180 days aft er the latest date on the claim on which medical goods or servi ces were provided, with the following exceptions: (1) In the case of a provider whose enrollment is in process by the Illinois Department, the 180-day period shall not begin until the date on the written notice from the Illinois Department that the provider enroll ment is complete. (2) In the case of errors attributable to the Illinois Department or any of its claims processing intermediaries which result in an ina bility to receive, process, or adjudicate a claim, the 180-day period shall not begin until the provider has been notified of the error. (3) In the case of a provider for whom the Illinois Department init iates the monthly billing process. (4) In the case of a provider operate d by a unit of local government with a population exceedin g 3,000,000 when local government funds finance federal partic ipation for claims payments.

For claims for services rendered during a period for which a rec ipient received retroactive eligibility, claims must be file d within 180 days after the Department de termines the applicant is eligible. For claims for which th e Illinois Department is not the primary payer, claims must b e submitted to the Illinois Department within 180 days aft er the final adjudication by the primary payer. In the case of lon g term care facilities, within 120 calendar days of receipt b y the facility of required prescreening information, new a dmissions with associated admission documents shall b e submitted through the Medical Electronic Data Interchange ( MEDI) or the Recipient Eligibility Verification (REV) System or shall be submitt ed directly to the Department of Human Services using requ ired admission forms. Effective September 1, 2014, admission documents, includi ng all prescreening information, must be submitted through MEDI or REV. Confirmation numbers assigned to an accep ted transaction shall be retained by a facility to verify timely submittal. Once an admission transaction has been completed, all resubmitted claims following prior rej ection are subject to receipt no later than 180 days after th e admission transaction has been completed. Claims that are not submitted and received in compliance with the foregoing requirements shall not be el igible for payment under the medical assistance program, an d the State shall have no liability for payment of those claims.

To the extent consisten t with applicable information and privacy, security, and disclosure laws, State and federal agencies and depar tments shall provide the Illinois Department access to conf idential and other information and data necessary to perform eligibility and payment verifications and other Ill inois Department functions. This includes, but is not limite d to: information pertaining to licensure; certification ; earnings; immigration status; citizenship; wage reporting ; unearned and earned income; pension income; employment; sup plemental security income; social security numbers; National P rovider Identifier (NPI) numbers; the National Practitioner Data Bank (NPDB); program and agency exclusions; taxpa yer identification numbers; tax delinquency; corporate informa tion; and death records. The Illinois Departme nt shall enter into agreements with State agencies and de partments, and is authorized to enter into agreements with federal agencies and departments, under which such agencies and departments shall share data necessary for medical assistance program integri ty functions and oversight. The Illinois Department shall develop, in cooperation with other State departments and agencies, and in compliance with applicable federal laws and re gulations, appropriate and effective methods to share such data. At a minimum, and to the extent necessary to provide data sharing, the Illinois Department shall enter into agreeme nts with State agencies and departments, and is a uthorized to enter into agreements with federal agencies and de partments, including, but not limited to: the Secretary of State; the Department of Revenue; the Department of Pu blic Health; the Department of Human Services; and the De partment of Financial and Professional Regulation. Beginning in fiscal year 2013, the Illino is Department shall set forth a request for information to identify the benefits of a pre-payment, post-adjudication , and post-edit claims system with the goals of strea mlining claims processing and provider reimbursement, reducin g the number of pending or rejected claims, and helping to ensu re a more transparent adjudication process through the utilization of: (i) provider data verification and pr ovider screening technology; and (ii) clinical code editing; a nd (iii) pre-pay, pre-adjudicated, or post-adjudicated predictive modeling with an integrated case management system with link analysis. Such a request for info rmation shall not be considered as a request for proposal or as an obligation on the part of the Illinois Department to t ake any action or acquire any products or services. The Illinois Department shall establish policies, pr ocedures, standards and criteria by rule for the acquisition , repair and replacement of orthotic and prosthetic devices and durable medical equipment. Such rules shal l provide, but not be limited to, the following service s: (1) immediate repair or replacement of such devices by recipients; and (2) rental, lease, purchase or lease-purchase of durable medical equipment in a cost-effective manner, taking int o consideration the recipient's medical prognosis, the extent of the recipient's needs, and the requirements and costs f or maintaining such equipment. Subject to prior approval, such rules shall enable a recipient to temporarily acquire and use alternative or substitute devices or equipment pending repairs or replace ments of any device or equipment previously authorized for such rec ipient by the Department. Notwithstanding any provision o f Section 5-5f to the contrary, the Department may, by r ule, exempt certain replacement wheelchair parts from prior ap proval and, for wheelchairs, wheelchair parts, wheelchair accessories, a nd related seating and positioning items, determin e the wholesale price by methods other than actual acquisition costs. The Department shall requi re, by rule, all providers of durable medical equipment to be accredited by an accreditation organization approved b y the federal Centers for Medicare and Medicaid Services and re cognized by the Department in order to bill the Department for prov iding durable medical equipment to recipients. No later than 15 months after the effective date of the rule adopted pursuant to this paragraph, all providers must meet the accreditation requirement. In order to promote environm ental responsibility, meet the needs of recipients and enrolle es, and achieve significant cost savings, the Department, or a managed care organization under contract with the Depa rtment, may provide recipients or managed care en rollees who have a prescription or Certificate of Medical Necessity a ccess to refurbished durable medical equipment under thi s Section (excluding prosthetic and orthotic devices as def ined in the Orthotics, Prosthetics, and Pedorthics Practice Ac t and complex rehabilitation technology products and ass ociated services) through the State's assistive technology prog ram's reutilization program, using staff with the Assist ive Technology Professional (ATP) Certification if the refurbis hed durable medical equipment: (i) is available; (ii) is less expensive, including shipping costs, than new durable medical e quipment of the same type; (iii) is able to withstand at least 3 years of use; (iv) is cleaned, disinfected, sterilized, and safe in accordance with federal Food and Drug Administration regulations and guidance governing the reprocessing of medi cal devices in health care settings; and (v) equally meets the needs of the recipient or enrollee. The reutilization p rogram shall confirm that the recipient or enrollee is not al ready in receipt of the same or similar equipment from another service provider, and that the refurbished durable medical eq uipment equally meets the needs of the recipient or enrolle e. Nothing in this paragraph shall be construed to limi t recipient or enrollee choice to obtain new durable medical eq uipment or place any additional prior authorization conditions on enrollees of managed care organizations. The Department shall execute, relative to the nurs ing home prescreening project, written inter-agen cy agreements with the Department of Human Services and the Department on Aging, to effect the following: (i) intake proc edures and common eligibility criteria for those persons who are receiving non-institutional services; and (ii) th e establishment and development of non-institutional ser vices in areas of the State where they are not currently avail able or are undeveloped; and (iii) notwithstanding any other provision of law, subject to federal approval, on and after Ju ly 1, 2012, an increase in the determination of need (DON) scores from 29 to 37 for applicants for institutional and home and community-based long term care; if and only if feder al approval is not granted, the Department may, in conjunction with other affected agencies, implement utilization controls or changes in benefit packages to effectuate a similar saving s amount for this population; and (iv) no later than July 1, 2013, minimum level of care eligibility criteria for institutional and home and communi ty-based long term care; and (v) no later than Octobe r 1, 2013, establish procedures to permit long term care providers ac cess to eligibility scores for individuals with an admission date who are seeking or receiving services from the lon g term care provider. In order to select the minimum leve l of care eligibility criteria, the Governor shall establish a wo rkgroup that includes affected agency representatives and stakeh olders representing the institutional and home and c ommunity-based long term care interests. This Section sh all not restrict the Department from implementing lower level of care eligibility criteria for community-based services in circumstances where federal approval has been granted. The Illinois Department shall dev elop and operate, in cooperation with other State Department s and agencies and in compliance with applicable federal laws and regulations, appropriate and effective systems of health c are evaluation and programs for monitoring of utilization o f health care services and facilities, as it affects persons eligible for medical assistance under this Code. The Illinois Department shall report annually to the General Assembly, no later than the second Friday in April o f 1979 and each year thereafter, in regard to: (a) actual statistics and trends in u tilization of medical services by public aid recipients; (b) actual statistics and tre nds in the provision of the various medical services by m edical vendors; (c) current rate structures and proposed changes in those rate structures f or the various medical vendors; and (d) efforts at utilization review and control by the Illinois Department. T he period covered by each report shall be the 3 years ending on the June 30 prior to the report. The report shall i nclude suggested legislation for consideration by the Gen eral Assembly. The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report as required by Section 3.1 of the General Assembly Organiza tion Act, and filing such additional copies with the St ate Government Report Distribution Center for the Gen eral Assembly as is required under paragraph (t) of Section 7 of the State Library Act. Rulemaking authority to implem ent Public Act 95-1045, if any, is conditioned on t he rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures o f the Joint Committee on Administrative Rules; any purported rule not so adopte d, for whatever reason, is unauthorized. On and after July 1, 2012, the Department shall reduce any rate of reimbursement for se rvices or other payments or alter any methodologies authori zed by this Code to reduce any rate of r eimbursement for services or other payments in accordan ce with Section 5-5e. Because kidne y transplantation can be an appropriate, cost-effective a lternative to renal dialysis when medically necessary a nd notwithstanding the provisions of Section 1-11 of thi s Code, beginning October 1, 2014, the Department shall cover kidney transplantation for noncitizens with end-stage renal disease who are not eligible for comprehensive med ical benefits, who meet the residency requirements of Section 5-3 of this Code, and who would otherwise meet the financial requirements of the appropr iate class of eligible persons under Section 5-2 of thi s Code. To qualify for coverage of kidney transplantation, su ch person must be receiving emergency renal dialysis servic es covered by the Department. Providers under this Section sh all be prior approved and certified by the Department to perform kidney transplantation and the services under t his Section shall be limited to services associated with kidne y transplantation. Notwithstanding any oth er provision of this Code to the contrary, on or after July 1, 2015, all FDA-approved FDA approved forms of me dication assisted treatment prescribed for the treatment of alcoho l dependence or treatment of opioid dependence shall be covered und er both fee-for-service and managed care medical a ssistance programs for persons who are otherwise eligible for medi cal assistance under this Article and shall not be subject to any (1) utilization control, other than those established under th e American Society of Addiction Medicine patient placemen t criteria, (2) prior authorization mandate, (3) lifetime restriction limit mandate, or (4) limitations on dosage. On or after July 1, 2015, opioid antagonist s prescribed for the treatment of an opioid overdose, includi ng the medication product, administration devices, and an y pharmacy fees or hospital fees related to the dispensing, di stribution, and administration of the opioid antagonist, shall be covered under the medical assistance program for persons w ho are otherwise eligible for medical assistance under t his Article. As used in this Section, "opioid antagonist" means a drug that binds to opioid re ceptors and blocks or inhibits the effect of opioids acting on those recepto rs, including, but not limited to, naloxone hydrochloride o r any other similarly acting drug approved by the U.S. Food and Drug Ad ministration. The Department shall not impose a copayment on the coverage provided for naloxone hydrochloride under the me dical assistance program. Upon federal approv al, the Department shall provide coverage and reimbursement for all drugs that are approved for marketing by the federal Foo d and Drug Administration and that are recommended by th e federal Public Health Service or the Uni ted States Centers for Disease Control and Prevention fo r pre-exposure prophylaxis and related pre- exposure prophylaxis services, including, but not limited to, HIV and sexually transmitted infection screening, treatment fo r sexually transmitted infections, medical monitoring, assorte d labs, and counseling to reduce the likelihood of HIV in fection among individuals who are not infected with HIV but wh o are at high risk of HIV infection. A federa lly qualified health center, as defined in Section 1905(l)(2)(B ) of the federal Social Security Act, shall be reimbursed by t he Department in accordance with the federally qualified healt h center's encounter rate for services provided to medi cal assistance recipients that are performed by a dental hygienist, as defined under the Illinois Dental Pract ice Act, working under the general sup ervision of a dentist and employed by a federally qu alified health center. Within 90 days after October 8, 2021 (the effective date of Public Act 102-665 ), the Department shall seek federal approval of a State Pla n amendment to expand coverage for family planning services t hat includes presumptive eligibility to individuals whose income is at or below 208% of the federal poverty level. Coverage under th is Section shall be effective beginning no later than De cember 1, 2022. Subject to approval by the fe deral Centers for Medicare and Medicaid Services of a Title XIX State Plan amendment electing the Program of All-In clusive Care for the Elderly (PACE) as a State Medicaid option, as provided for by Subtitle I (comme ncing with Section 4801) of Title IV of the Balanced Budget Act of 1997 (Public Law 105-33) and Part 460 (commencin g with Section 460.2) of Subchapter E of Title 42 of the Code o f Federal Regulations, PACE program services shall become a covered benefit of the medical assistance program, s ubject to criteria established in accordance with all app licable laws. Notwithstanding any other provision of this Code , community-based pediatric palliative care from a trained interdisciplinary team shall be covered under the medica l assistance program as provided in Section 15 of the Pedi atric Palliative Care Act. Notwithstanding an y other provision of this Code, within 12 months after June 2, 2022 (the effective date of Public Act 102-1037) and sub ject to federal approval, acupuncture services performed by an acupuncturist licensed under the Acupuncture Practice Act who is acting within the scope of his or her license shall be covered under the medical assistance program. The Depart ment shall apply for any federal waiver or State Plan amendment , if required, to implement this paragraph. The Department ma y adopt any rules, including standards and criteria, neces sary to implement this paragraph. Notwithsta nding any other provision of this Code, the medical assistanc e program shall, subject to federal approval, reimburse hosp itals for costs associated with a newborn screening tes t for the presence of metachromatic leukodystrophy, as required under the Newborn Met abolic Screening Act, at a rate not less than the fee charged b y the Department of Public Health. Notwithstanding any oth er provision of this Code, the medical assistance program shal l, subject to appropriation and federal approval, also reimburse hospitals for costs associated with all newborn screening tests added on and after Au gust 9, 2024 (the effective date of Public Act 103-909) this amendatory Act of the 103rd General Assembly to the Newborn M etabolic Screening Act and required to be performed under tha t Act at a rate not less than the fee charged by the Departmen t of Public Health. The Department shall seek federal approval before the implementation of the newborn screen ing test fees by the Department of Public Health. Notwithstandi ng any other provision of this Code, beginning on Janu ary 1, 2024, subject to federal approval, cognitive assessment and care planning services provided to a person who expe riences signs or symptoms of cognitive impairment , as defined by the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, shall be covered under the m edical assistance program for persons who are otherwise eligible for medical assistance under this Article. Notwithstanding any other provision of this Code, me dically necessary reconstructive services that are intende d to restore physical appearance shall be covered under the medical assistance program for persons who are otherwise eligible for medical assistance under this Article. As used in this paragraph, "reconstructive services" means treatments performed on st ructures of the body damaged by trauma to restore physical appe arance. (Source: P.A. 102-43, Article 30, Section 30-5, eff. 7-6-21; 102-43 , Article 35, Section 35-5, eff. 7-6-2 1; 102-43, Article 55 , Section 55-5, eff. 7-6-21; 102 -95, eff. 1-1-22; 102-123, eff. 1-1-22; 102-558, eff. 8-20-21; 102-598, eff. 1-1-22; 102-655, eff . 1-1-22; 102-665, eff. 10-8-21; 102-813, eff. 5-13-22; 102-101 8, eff. 1-1-23; 102-1037, eff. 6- 2-22; 102-1038, eff. 1-1-23; 103-102, Article 15, S ection 15-5, eff. 1-1-24; 103-102, Article 95, Section 95-15, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154 , eff. 6-30-23; 103-368, eff. 1-1 -24; 103-593, Article 5, Section 5-5, eff. 6-7-24; 103-593, Article 90, Section 90-5, eff. 6-7-24; 103-605, eff. 7-1-24; 103-909, eff. 8-9-24; 103-1040, eff. 8-9-24; revised 10-10-24.) (Text of Section after amendment by P.A. 103-808) Sec. 5-5. Medical services. The Illinois Department, by rule, shall determine the quantity and quality of and the rate of reimbursement for the medical assistance for which paymen t will be authorized, and the medical services to be provided, which may include all or part of the fol lowing: (1) inpatient hospital services; (2) outpatient hospital services; (3) other laborato ry and X-ray services; (4) skilled nursing home services; (5) physicians' services whet her furnished in the office, the patient's home, a hospital, a skilled nursing home, or elsewhere; (6 ) medical care, or any other type of remedial care furnished by licensed practitioners; (7) home health c are services; (8) private duty nursing service; (9) clinic services; (10) dental services, includ ing prevention and treatment of periodontal disease and dental caries disease for pregnan t individuals, provided by an individual licensed to prac tice dentistry or dental surgery; for purposes of this item (10), "dental services" means diagnostic, preventive, or corrective proced ures provided by or under the supervision of a dentist in the practice of his or her profession; (11) physical ther apy and related services; (12) prescribed drugs, dentures, and prosthetic devices; and eyeglasses prescribed by a physician s killed in the diseases of the eye, or by an optometrist, whic hever the person may select; (13) other diagnostic, screening, preventive, and rehabilitative services, including to ensure t hat the individual's need for intervention or treatment of men tal disorders or substance use disorders or co-occurri ng mental health and substance use disorders is determined using a uniform screening, assessment, and evaluation proc ess inclusive of criteria, for children and adults; for purp oses of this item (13), a uniform screening, assessment, and evaluation process refers to a process that includes an app ropriate evaluation and, as warranted, a referral; "uniform" do es not mean the use of a singular instrument, tool, or proces s that all must utilize; (14) transportation and such other ex penses as may be necessary; (15) medical treatment of sexual a ssault survivors, as defined in Section 1a of the Sexual Assau lt Survivors Emergency Treatment Act, for injuries sustai ned as a result of the sexual assault, including examinations and laboratory tests to discover evidence which may be used in criminal proceedings arising from the sexual assault; (16 ) the diagnosis and treatment of sickle cell anemia; (16. 5) services performed by a chiropractic physician lice nsed under the Medical Practice Act of 1987 and acting within the scope of his or her license, including, but not limited to , chiropractic manipulative treatment; and (17) any other medica l care, and any other type of remedial care recognized under th e laws of this State. The term "any other type of remedial care " shall include nursing care and nursing home service for per sons who rely on treatment by spiritual means alone through prayer for healing. Notwithstanding a ny other provision of this Section, a comprehensive toba cco use cessation program that includes purchasing prescr iption drugs or prescription medical devices approved by the Food and Drug Administration shall be covered under the medica l assistance program under this Article for persons who are otherwise eligible for assistance under this Article.

Notwithstanding any other provision of this Code, reproductive health care that is otherwise legal in I llinois shall be covered under the medical assistance pr ogram for persons who are otherwise eligible for medical assis tance under this Article. Notwithstanding any other provision of this Section, all tobacco cessation medi cations approved by the United States Food and Drug Admin istration and all individual and group tobacco cessation counse ling services and telephone-based counseling services an d tobacco cessation medications provided through the Illinois Tobacco Quitline shall be covered under the medical a ssistance program for persons who are otherwise eligible for assistance under this Article. The Department shall comply with all federal requirements necessary to obtain federal financial partici pation, as specified in 42 CFR 433.15(b)(7), for telephone-based counseling services provided through the Illinois Tob acco Quitline, including, but not limited to: (i) entering i nto a memorandum of understanding or interagency agreement wi th the Department of Public Health, as administrator of the Illinois Tobacco Q uitline; and (ii) developing a cost allocation plan for Medic aid-allowable Illinois Tobacco Quitline services in accordance with 45 CFR 95.507. The Department shall submit the memorandum of understanding or int eragency agreement, the cost allocation plan, and all oth er necessary documentation to the Centers for Medicare and M edicaid Services for review and approval. Coverage under t his paragraph shall be contingent upon federal approval. Notwithstanding any other provision of this Code, th e Illinois Department may not require, as a condition of paym ent for any laboratory test authorized under this Article, th at a physician's handwritten signature appear on the labora tory test order form. The Illinois Department may, however, imp ose other appropriate requirements regarding laboratory test order documentation. Upon receipt of federal approval of an amendment to the Illinois Title XIX State P lan for this purpose, the Department shall authorize the Chicag o Public Schools (CPS) to procure a vendor or vendors to manufa cture eyeglasses for individuals enrolled in a school wit hin the CPS system. CPS shall ensure that its vendor or vendors are enrolled as providers in the medical assistance program and in any capitated Medicaid managed care entity (MCE ) serving individuals enrolled in a school within the CPS sy stem. Under any contract procured under this provision, the ven dor or vendors must serve only individuals enrolled in a school within the CPS system. Claims for services provided by CPS's vendor or vendors to r ecipients of benefits in the medical assistance progra m under this Code, the Children's Health Insurance Program, or the Covering ALL KIDS Health Insurance Program shall be submit ted to the Department or the MCE in which the individual is enrolled for payment and shall be reimbursed at the Departmen t's or the MCE's established rates or rate methodologies for ey eglasses. On an d after July 1, 2012, the Department of Healthcare and F amily Services may provide the following services to persons el igible for assistance under this Article who are participating in education, training or employment programs operated by t he Department of Human Services as successor to the Departmen t of Public Aid: (1) dent al services provided by or under the supervision of a den tist; and (2) eyeglasses prescribed by a physician skilled in the diseases of the eye, or by an optometrist, whichever the person may select. On and after July 1, 2018, the Department of Healthcare and Family Services shall provide dental services to any adult who is otherwise eligible for assistance under the m edical assistance program. As used in this paragraph, "dental services" means diagnostic, preventative, restorative, or corrective procedures, including procedures and services fo r the prevention and treatment of periodontal disease and d ental caries disease, provided by an individual who is licensed to practice denti stry or dental surgery or who is under the supervision o f a dentist in the practice of his or her profession. On and after July 1, 2018, targeted dental se rvices, as set forth in Exhibit D of the Consent Decree ente red by the United States District Court for the Northern Dist rict of Illinois, Eastern Division, in the matter of Memiso vski v. Maram, Case No. 92 C 1982, that are provide d to adults under the medical assistance program shall be es tablished at no less than the rates set forth in the "New Rate" column in Exhibit D of the Consent Decree for targe ted dental services that are provided to persons under the age of 18 under the medical assistance program. Subject to federal approval, on an d after January 1, 2025, the rates paid for sedation evalua tion and the provision of deep sedation and intravenous sedation for the purpose of dental services shall be incr eased by 33% above the rates in effect on December 31, 2024. The rates paid for nitrous oxide sedation shall not be impacted by this paragraph and shall remain the same as the rates in effect on December 31, 2024. Notwithst anding any other provision of this Code and subject to federal approval, the Departme nt may adopt rules to allow a dentist who is volunteerin g his or her service at no cost to render dental services th rough an enrolled not-for-profit health clinic without the dentist personally enrolling as a participatin g provider in the medical assistance program. A not-for -profit health clinic shall include a public health clini c or Federally Qualified Health Center or other enrolled provid er, as determined by the Department, through which dental se rvices covered under this Section are performed. The Depar tment shall establish a process for pay ment of claims for reimbursement for covered dental service s rendered under this provision. Subject to appropriation and to federal approval, the Department s hall file administrative rules updating the Handicapping Labi o-Lingual Deviation orthodontic scoring tool by January 1, 2025, or as soon as practicable. On a nd after January 1, 2022, the Department of Healthcare and Family Services shall administer and regulate a school-based dental program that allows for the out-of-office delivery of preventative dental services in a school setting to childr en under 19 years of age. The Department shall esta blish, by rule, guidelines for participation by providers and set requir ements for follow-up referral care based on the requirements established in the Dental Office Reference Manual publi shed by the Department that establishes the requirements for dentists participating in the All Kids Dental School Pro gram. Every effort shall be made by the Department when devel oping the program requirements to consider the different geographic differences of both urban and rural areas of the State for initial treatment and necessary follow-up care. N o provider shall be charged a fee by any unit of local government to participate in the school-based den tal program administered by the Department. Nothing in this paragrap h shall be construed to limit or preempt a home rule unit's or sch ool district's authority to establish, change, or administe r a school-based dental program in addition to , or independent of, the school-based dental program administered by the D epartment. The Illinois Department, by rul e, may distinguish and classify the medical services to be provided only in accordance with the classes of persons des ignated in Section 5-2. The Department of H ealthcare and Family Services must provide coverage and reimbur sement for amino acid-based elemental formulas, regardle ss of delivery method, for the diagnosis and treatment of (i) eosinophilic disorders and (ii) short bowel syndrome w hen the prescribing physician has issued a written order stati ng that the amino acid-based elemental formula is medi cally necessary. The Illinois Department shall a uthorize the provision of, and shall authorize payment for, scre ening by low-dose mammography for the presence of occult breast cancer for individuals 35 years of age or older who a re eligible for medical assistance under this Article, as f ollows: (A) A baseline m ammogram for individuals 35 to 39 years of age. (B) An annual mammogram for individuals 40 years of age or older. (C) A mammogram at the age and intervals considered medically necessary by the i ndividual's health care provider for individuals under 40 yea rs of age and having a family history of breast cancer, prior personal history of br east cancer, positive genetic testing, or other risk factors. (D) A comprehensive ultr asound screening and MRI of an entire breast or breasts if a ma mmogram demonstrates heterogeneous or dense breast tissue or wh en medically necessary as determined by a physician licensed to pr actice medicine in all of its branches. (E) A screening MRI when medicall y necessary, as determined by a physician licensed to practic e medicine in all of its branches. (F) A diagnostic mammogram when medically ne cessary, as determined by a physician licensed to practice medicine in all its b ranches, advanced practice registered nurse, or physicia n assistant. (G) Molecular breast imaging (MBI) and MRI of an enti re breast or breasts if a mammogram demonst rates heterogeneous or dense breast tissue or when medical ly necessary as determined by a physician licensed t o practice medicine in all of its branches, advanced pract ice registered nurse, or physician assistant. The Department shall not impose a deductible, coins urance, copayment, or any other cost-sharing requirement on the coverage provided under this paragraph; except that this sentence does not apply t o coverage of diagnostic mammograms to the extent such coverage would disqualify a high-deductible h ealth plan from eligibility for a health savings account pursuant to Sec tion 223 of the Internal Revenue Code (26 U.S.C. 223).

All screenings shall include a physical breast exam, instruction on self-examination and information regarding the frequency of self-exami nation and its value as a preventative tool. For purposes of this Section: "Diag nostic mammogram" means a mammogram obtained using dia gnostic mammography. "Diagnostic mamm ography" means a method of screening that is designed to evaluate an abnormality in a breast, including an a bnormality seen or suspected on a screening mammogr am or a subjective or objective abnormality otherwi se detected in the breast. "Low-dose mammograp hy" means the x-ray examination of the breast using e quipment dedicated specifically for mammography, including the x-ray tube, filter, compression device, and image receptor, with an average radiation exposure delivery of less than one rad per breast for 2 views of an average size breast. The t erm also includes digital mammography and includes breast tomosynthesis. "Breast tomosynthesis" m eans a radiologic procedure that involves the acquisition of projection images over t he stationary breast to produce cross-sectional digital three-dimensional images of the breast. If, at any time, the Secretary of the United States Department of Health and Human Services, or its successor agency, promulgates rules or regulations to be published in the Federa l Register or publishes a comment in the Federal Register or issues an opinion, guidance, or other action that would req uire the State, pursuant to any provision of the Patient Protec tion and Affordable Care Act (Public Law 111-148), inclu ding, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any successor provision, to defray the cos t of any coverage for breast tomosynthesis outlined in this par agraph, then the requirement that an insurer cover breast tomosy nthesis is inoperative other than any such coverage authorized under Section 1902 of the Social Security Act, 42 U.S.C. 139 6a, and the State shall not assume any obligation for t he cost of coverage for breast tomosynthesis set forth in this paragraph. On and after J anuary 1, 2016, the Department shall ensure that all ne tworks of care for adult clients of the Department include access to at least one breast imaging Center of Imaging Excellen ce as certified by the American College of Radiology . On and after January 1, 2012, provider s participating in a quality improvement program approved by the Department shall be reimbursed for screening and diagn ostic mammography at the same rate as the Medicare program's r ates, including the increased reimbursement for digital ma mmography and, after January 1, 2023 (the effective dat e of Public Act 102-1018), breast tomosynthesis. The Department shall convene an expert panel i ncluding representatives of hospitals, free-standing mammography facilities, and doctors, including radiologists, to establish quality standards for mammography. On and after January 1, 2017, providers participatin g in a breast cancer treatment quality improvement program a pproved by the Department shall be reimbursed for breast cancer treatment at a rate that is no lo wer than 95% of the Medicare program's rates for the data elements included in the breast cancer treatment quality progr am. The Department shall convene an ex pert panel, including representatives of hospitals, free-standing breast cancer tr eatment centers, breast cancer quality organizations, and d octors, including radiologists that are trained in all forms of FDA-approved FDA appro ved breast imaging technologies, breast surg eons, reconstructive breast surgeons, oncologists, and prim ary care providers to establish quality standards for breast cancer treatment. Subject to federal approval, the Department shall establish a rat e methodology for mammography at federally qualified health ce nters and other encounter-rate clinics. These clinics or centers may also collaborate with other hospital-based mammography facilities. By January 1, 2016, the De partment shall report to the General Assembly on the status o f the provision set forth in this paragraph. The Department shall establish a methodology to remind individuals who are age-appropriate for screening mammo graphy, but who have not received a mammogram within the previous 18 months, of the importance and benefit o f screening mammography. The Department shall work with experts in breast cancer outreach and patient navigation to optimize these reminders and shall establish a methodology for evaluat ing their effectiveness and modifying the methodology based on the evaluation. The Departm ent shall establish a performance goal for primary care provid ers with respect to their female patients over age 40 receivin g an annual mammogram. This performance goa l shall be used to provide additional reimbursemen t in the form of a quality performance bonus to primary ca re providers who meet that goal. The Department shall devise a means of case-managing or patient n avigation for beneficiaries diagnosed with breast cancer. This progra m shall initially operate as a pilot program in areas of the S tate with the highest incidence of mortality related to breast c ancer. At least one pilot program site shall be in the metropolitan Chicago area and at least one site shall be outside the metropolitan Chicago area. On or after July 1, 2016, the pilo t program shall be expanded to include one site in western Illinois, one site in southern Illinois, one site in c entral Illinois, and 4 sites within metropolitan Chicago. An evaluation of the pilot program shall be carried out me asuring health outcomes and cost of care for those served by th e pilot program compared to si milarly situated patients who are not served by the pi lot program. The Department shall require all networks of care to develop a means either internally or by contract with experts in navigation and community outreach to navigate cancer patients to comprehensive care in a timely fashion. The Department shall require all networks of care to include access for patients diagnosed with cancer to at least one academic commission on cancer-accredited cancer program as an in-network c overed benefit. The Department shall provi de coverage and reimbursement for a human papillomavirus (HPV) vaccine that is approved for marketing by the federal Food and D rug Administration for all persons between the ages of 9 an d 45. Subject to federal approval, the Department shall pro vide coverage and reimbursement for a human papillomavirus (HPV) vaccine for persons of the age of 46 and above who ha ve been diagnosed with cervical dysplasia with a high risk of r ecurrence or progression. The Department shall disallow any pr eauthorization requirements for the administration of th e human papillomavirus (HPV) vaccine. On or after July 1, 2 022, individuals who are otherwise eligible for medic al assistance under this Article shall receive coverage for pe rinatal depression screenings for the 12-month per iod beginning on the last day of their pregnancy. Medica l assistance coverage under this paragraph shall be condi tioned on the use of a screening instrument approved by th e Department. Any medical or health care provider shall immediately recommend, to any pregnant individ ual who is being provided prenatal services and is suspe cted of having a substance use disorder as defined in the Subs tance Use Disorder Act, referral to a local substance use diso rder treatment program licensed by the Department of Huma n Services or to a licensed hospital which provides substance abuse treatment services. The Department of Healt hcare and Family Services shall assure coverage for the cost of treatment of the drug abuse or addiction for pregnant recipients in accordance with the Illinois Med icaid Program in conjunction with the Department of Human Se rvices. All medical providers provid ing medical assistance to pregnant individuals under thi s Code shall receive information from the Department on t he availability of services under any program providing case management services for addicted individuals, including information on appropriate referrals for other social services that ma y be needed by addicted individuals in addition to treatment for addiction.

The Illinois Department, in cooperation with the Depar tments of Human Services (as successor to the Department of Alcoholism and Substance Abuse) and Public Health, through a public awareness campaign, may provide information conc erning treatment for alcoholism and drug abuse and addiction, prenatal health care, and other pertinent programs directed a t reducing the number of drug-affected infants born to recipients of medical assistance. Neither the Department of Healthcare and Family Services nor the Department of Human Services shall sanction the recipien t solely on the basis of the recipient's substance abuse. The Illinois Departmen t shall establish such regulations governing the dispe nsing of health services under this Article as it shall deem ap propriate. The Department should seek the advice of formal pro fessional advisory committees appointed by the Director of the Illinois Department for the purpose of providing regu lar advice on policy and administrative matters, informat ion dissemination and educational activities for medical and health car e providers, and consistency in procedures to the Illinois Department. The Illinois Departme nt may develop and contract with Partnerships of medical provi ders to arrange medical services for persons eligible under Section 5-2 of this Code. Implementation o f this Section may be by demonstration projects in certain geo graphic areas. The Partnership shall be represented by a sponsor org anization. The Department, by rule, shall develop qualif ications for sponsors of Partnerships. Nothing in this Se ction shall be construed to require that the sponsor org anization be a medical organization. The sponsor must negotiate fo rmal written contracts with medical providers for physici an services, inpatient and outpatient hospital care, home healt h services, treatment for alcoholism and substance abuse, and other services determined necessary by the Illinois Department by rule for delivery by Partnerships. Physician services m ust include prenatal and obstetrical care. The Illinois Departm ent shall reimburse medical services delivered by Partner ship providers to clients in target areas according to provisions of this Article and the Illinois Health Financ e Reform Act, except that: (1) Physicians participating in a Partnership and pro viding certain services, which shall be determined by the I llinois Department, to persons in areas covered by the Partnership may receive an additional surcharge for such servic es. (2) The Department may elect to consider and negotiate financial ince ntives to encourage the development of Partnerships and the efficient delivery of medical care. (3) Persons receiving medical services through Partnerships may recei ve medical and case management services above the level usually offered through the medical assistance program. Medical providers shall be required to meet certa in qualifications to participate in Partnerships to ensure th e delivery of high quality medical services. These qualific ations shall be determined by rule of the Illinois Departm ent and may be higher than qualifications for participation in the medical assistance program. Partnership sponsors may pre scribe reasonable additional qualifications for participation by medical providers, only with the prior written approval of the Illinois De partment. Nothing in this Section shal l limit the free choice of practitioners, hospitals, and other providers of medical services by clients. In orde r to ensure patient freedom of choice, the Il linois Department shall immediately promulgate all rules and take all other necessary actions so that provided ser vices may be accessed from therapeutically certified optometrists to the full extent of the Illinois Optometric Practice Act of 1987 without discriminating between service providers. The Department shall apply for a waiver from the United States Health Care Financing Admini stration to allow for the implementation of Partners hips under this Section. The Illinois Dep artment shall require health care providers to ma intain records that document the medical care and services provided to recipients of Medical Assistance under th is Article. Such records must be retained for a period of not less than 6 years from the date of service or as provided b y applicable State law, whichever period is longer, except t hat if an audit is initiated within the required retention perio d then the records must be retained until the audit is completed and every exception is resolved. The Illinois D epartment shall require health care providers to make avail able, when authorized by the patient, in writing, the medical records in a timely fashion to other health care provi ders who are treating or serving persons eligible for M edical Assistance under this Article. All dispensers of me dical services shall be required to maintain and retain busines s and professional records sufficient to fully and accurately document the nature, scope, deta ils and receipt of the health care provided to persons eligib le for medical assistance under this Code, in accordance with regulati ons promulgated by the Illinois Department. The ru les and regulations shall require that proof of the receipt o f prescription drugs, dentures, prosthetic devices and eye glasses by eligible persons under this Section accompany each c laim for reimbursement submitted by the dispenser of suc h medical services. No such claims for reimbursement shall be approved for payment by the Illinois Department without s uch proof of receipt, unless the Illinois Department shall ha ve put into effect and shall be operating a system of po st-payment audit and review which shall, on a samplin g basis, be deemed adequate by the Illinois Department to as sure that such drugs, dentures, prosthetic devices and eyegla sses for which payment is being made are actually being rec eived by eligible recipients. Within 90 days after Septem ber 16, 1984 (the effective date of Public Act 83-14 39), the Illinois Department shall establish a current lis t of acquisition costs for all prosthetic devices and any othe r items recognized as medical equipment and supplies reim bursable under this Article and shall update such list on a quarterly basis, except that the acquisition costs of all prescription drugs shall be updated no less freque ntly than every 30 days as required by Section 5-5.12. Notwithstanding any other law to the contrary, the Illinois Department shall, within 365 day s after July 22, 2013 (the effective date of Public Act 98-104), establish procedures to permit skilled care facili ties licensed under the Nursing Home Care Act to submit mont hly billing claims for reimbursement purposes. Following development of these procedures, the Department shall, by July 1, 2016, test the viability of the new system and implement an y necessary operational or structural changes to its informat ion technology platforms in order to allow for the direct accep tance and payment of nursing home claims.

Notwithstanding any other law to the contrary, the Illinois Dep artment shall, within 365 days after August 15, 2014 (the effec tive date of Public Act 98-963), establish procedures t o permit ID/DD facilities licensed under the ID/DD Community Ca re Act and MC/DD facilities licensed under the MC/DD Act to s ubmit monthly billing claims for reimbursement purposes. Following development of these procedures, the Department sha ll have an additional 365 days to test th e viability of the new system and to ensure that an y necessary operational or structural changes to its informatio n technology platforms are implemented.

The Illinois Department shall require all dispensers of medi cal services, other than an individual practitioner or group of practitioners, desiring to participate in the Medical Assistance program established under this Article to disclos e all financial, beneficial, ownership, equity, surety o r other interests in any and all firms, corporations, partnerships, associations, business enterprises, joi nt ventures, agencies, institutions or other legal entities provid ing any form of health care services in this State under this Article. The Illinois Departme nt may require that all dispensers of medical services desiring to participate in the medical assistance program established un der this Article disclose, under such terms and conditions as the Illinois Department may by rule establish, all inquiri es from clients and attorneys regarding medical bills pai d by the Illinois Department, which inquiries could indic ate potential existence of claims or liens for the Illinois D epartment. Enrollment of a vendor shall be subject to a provisional period and shall be con ditional for one year. During the period of conditional enrollment, the Department may terminate the vendor's eligi bility to participate in, or may disenroll the vendor from, the medical assistance program without cause. Unless otherwise sp ecified, such termination of eligibility or disenrollment is n ot subject to the Department's hearing process. However, a d isenrolled vendor may reapply without penalty. The Department has the discretion to limit the conditio nal enrollment period for vendors based upon the category of risk of the v endor. Prior to enrollment and during the conditional enrollment period in the medical assistance program, all vendors shall be subject to enhanced oversight , screening, and review based on the risk of fraud, waste, and abuse that is posed by the category of risk of the vendor. T he Illinois Department shall establish the procedures for overs ight, screening, and review, which may include, but need n ot be limited to: criminal and financial background ch ecks; fingerprinting; license, certification, and authori zation verifications; unscheduled or unannounced site vis its; database checks; prepayment audit reviews; audits; payment caps; payment suspensions; and other screening as required b y federal or State law. The Department shall define or specify the following: (i) by provider notice, the "c ategory of risk of the vendor" for each type of vendor, w hich shall take into account the level of screening applica ble to a particular category of vendor under federal law and regulations; (ii) by rule or provider notice, the maximum length of the conditional enro llment period for each category o f risk of the vendor; and (iii) by rule, the hearing right s, if any, afforded to a vendor in each category of risk of the vendor that is terminated or disenrolled during the condition al enrollment period. To be eligible f or payment consideration, a vendor's payment claim or bill, ei ther as an initial claim or as a resubmitted claim following pr ior rejection, must be received by the Illinois Department, or its fiscal intermediary, no later than 180 days aft er the latest date on the claim on which medical goods or servi ces were provided, with the following exceptions: (1) In the case of a provider whose enrollment is in process by the Illinois Department, the 180-day period shall not begin until the date on the written notice from the Illinois Department that the provider enroll ment is complete. (2) In the case of errors attributable to the Illinois Department or any of its claims processing intermediaries which result in an ina bility to receive, process, or adjudicate a claim, the 180-day period shall not begin until the provider has been notified of the error. (3) In the case of a provider for whom the Illinois Department init iates the monthly billing process. (4) In the case of a provider operate d by a unit of local government with a population exceedin g 3,000,000 when local government funds finance federal partic ipation for claims payments.

For claims for services rendered during a period for which a rec ipient received retroactive eligibility, claims must be file d within 180 days after the Department de termines the applicant is eligible. For claims for which th e Illinois Department is not the primary payer, claims must b e submitted to the Illinois Department within 180 days aft er the final adjudication by the primary payer. In the case of lon g term care facilities, within 120 calendar days of receipt b y the facility of required prescreening information, new a dmissions with associated admission documents shall b e submitted through the Medical Electronic Data Interchange ( MEDI) or the Recipient Eligibility Verification (REV) System or shall be submitt ed directly to the Department of Human Services using requ ired admission forms. Effective September 1, 2014, admission documents, includi ng all prescreening information, must be submitted through MEDI or REV. Confirmation numbers assigned to an accep ted transaction shall be retained by a facility to verify timely submittal. Once an admission transaction has been completed, all resubmitted claims following prior rej ection are subject to receipt no later than 180 days after th e admission transaction has been completed. Claims that are not submitted and received in compliance with the foregoing requirements shall not be el igible for payment under the medical assistance program, an d the State shall have no liability for payment of those claims.

To the extent consisten t with applicable information and privacy, security, and disclosure laws, State and federal agencies and depar tments shall provide the Illinois Department access to conf idential and other information and data necessary to perform eligibility and payment verifications and other Ill inois Department functions. This includes, but is not limite d to: information pertaining to licensure; certification ; earnings; immigration status; citizenship; wage reporting ; unearned and earned income; pension income; employment; sup plemental security income; social security numbers; National P rovider Identifier (NPI) numbers; the National Practitioner Data Bank (NPDB); program and agency exclusions; taxpa yer identification numbers; tax delinquency; corporate informa tion; and death records. The Illinois Departme nt shall enter into agreements with State agencies and de partments, and is authorized to enter into agreements with federal agencies and departments, under which such agencies and departments shall share data necessary for medical assistance program integri ty functions and oversight. The Illinois Department shall develop, in cooperation with other State departments and agencies, and in compliance with applicable federal laws and re gulations, appropriate and effective methods to share such data. At a minimum, and to the extent necessary to provide data sharing, the Illinois Department shall enter into agreeme nts with State agencies and departments, and is a uthorized to enter into agreements with federal agencies and de partments, including, but not limited to: the Secretary of State; the Department of Revenue; the Department of Pu blic Health; the Department of Human Services; and the De partment of Financial and Professional Regulation. Beginning in fiscal year 2013, the Illino is Department shall set forth a request for information to identify the benefits of a pre-payment, post-adjudication , and post-edit claims system with the goals of strea mlining claims processing and provider reimbursement, reducin g the number of pending or rejected claims, and helping to ensu re a more transparent adjudication process through the utilization of: (i) provider data verification and pr ovider screening technology; and (ii) clinical code editing; a nd (iii) pre-pay, pre-adjudicated, or post-adjudicated predictive modeling with an integrated case management system with link analysis. Such a request for info rmation shall not be considered as a request for proposal or as an obligation on the part of the Illinois Department to t ake any action or acquire any products or services. The Illinois Department shall establish policies, pr ocedures, standards and criteria by rule for the acquisition , repair and replacement of orthotic and prosthetic devices and durable medical equipment. Such rules shal l provide, but not be limited to, the following service s: (1) immediate repair or replacement of such devices by recipients; and (2) rental, lease, purchase or lease-purchase of durable medical equipment in a cost-effective manner, taking int o consideration the recipient's medical prognosis, the extent of the recipient's needs, and the requirements and costs f or maintaining such equipment. Subject to prior approval, such rules shall enable a recipient to temporarily acquire and use alternative or substitute devices or equipment pending repairs or replace ments of any device or equipment previously authorized for such rec ipient by the Department. Notwithstanding any provision o f Section 5-5f to the contrary, the Department may, by r ule, exempt certain replacement wheelchair parts from prior ap proval and, for wheelchairs, wheelchair parts, wheelchair accessories, a nd related seating and positioning items, determin e the wholesale price by methods other than actual acquisition costs. The Department shall requi re, by rule, all providers of durable medical equipment to be accredited by an accreditation organization approved b y the federal Centers for Medicare and Medicaid Services and re cognized by the Department in order to bill the Department for prov iding durable medical equipment to recipients. No later than 15 months after the effective date of the rule adopted pursuant to this paragraph, all providers must meet the accreditation requirement. In order to promote environm ental responsibility, meet the needs of recipients and enrolle es, and achieve significant cost savings, the Department, or a managed care organization under contract with the Depa rtment, may provide recipients or managed care en rollees who have a prescription or Certificate of Medical Necessity a ccess to refurbished durable medical equipment under thi s Section (excluding prosthetic and orthotic devices as def ined in the Orthotics, Prosthetics, and Pedorthics Practice Ac t and complex rehabilitation technology products and ass ociated services) through the State's assistive technology prog ram's reutilization program, using staff with the Assist ive Technology Professional (ATP) Certification if the refurbis hed durable medical equipment: (i) is available; (ii) is less expensive, including shipping costs, than new durable medical e quipment of the same type; (iii) is able to withstand at least 3 years of use; (iv) is cleaned, disinfected, sterilized, and safe in accordance with federal Food and Drug Administration regulations and guidance governing the reprocessing of medi cal devices in health care settings; and (v) equally meets the needs of the recipient or enrollee. The reutilization p rogram shall confirm that the recipient or enrollee is not al ready in receipt of the same or similar equipment from another service provider, and that the refurbished durable medical eq uipment equally meets the needs of the recipient or enrolle e. Nothing in this paragraph shall be construed to limi t recipient or enrollee choice to obtain new durable medical eq uipment or place any additional prior authorization conditions on enrollees of managed care organizations. The Department shall execute, relative to the nurs ing home prescreening project, written inter-agen cy agreements with the Department of Human Services and the Department on Aging, to effect the following: (i) intake proc edures and common eligibility criteria for those persons who are receiving non-institutional services; and (ii) th e establishment and development of non-institutional ser vices in areas of the State where they are not currently avail able or are undeveloped; and (iii) notwithstanding any other provision of law, subject to federal approval, on and after Ju ly 1, 2012, an increase in the determination of need (DON) scores from 29 to 37 for applicants for institutional and home and community-based long term care; if and only if feder al approval is not granted, the Department may, in conjunction with other affected agencies, implement utilization controls or changes in benefit packages to effectuate a similar saving s amount for this population; and (iv) no later than July 1, 2013, minimum level of care eligibility criteria for institutional and home and communi ty-based long term care; and (v) no later than Octobe r 1, 2013, establish procedures to permit long term care providers ac cess to eligibility scores for individuals with an admission date who are seeking or receiving services from the lon g term care provider. In order to select the minimum leve l of care eligibility criteria, the Governor shall establish a wo rkgroup that includes affected agency representatives and stakeh olders representing the institutional and home and c ommunity-based long term care interests. This Section sh all not restrict the Department from implementing lower level of care eligibility criteria for community-based services in circumstances where federal approval has been granted. The Illinois Department shall dev elop and operate, in cooperation with other State Department s and agencies and in compliance with applicable federal laws and regulations, appropriate and effective systems of health c are evaluation and programs for monitoring of utilization o f health care services and facilities, as it affects persons eligible for medical assistance under this Code. The Illinois Department shall report annually to the General Assembly, no later than the second Friday in April o f 1979 and each year thereafter, in regard to: (a) actual statistics and trends in u tilization of medical services by public aid recipients; (b) actual statistics and tre nds in the provision of the various medical services by m edical vendors; (c) current rate structures and proposed changes in those rate structures f or the various medical vendors; and (d) efforts at utilization review and control by the Illinois Department. T he period covered by each report shall be the 3 years ending on the June 30 prior to the report. The report shall i nclude suggested legislation for consideration by the Gen eral Assembly. The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report as required by Section 3.1 of the General Assembly Organiza tion Act, and filing such additional copies with the St ate Government Report Distribution Center for the Gen eral Assembly as is required under paragraph (t) of Section 7 of the State Library Act. Rulemaking authority to implem ent Public Act 95-1045, if any, is conditioned on t he rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures o f the Joint Committee on Administrative Rules; any purported rule not so adopte d, for whatever reason, is unauthorized. On and after July 1, 2012, the Department shall reduce any rate of reimbursement for se rvices or other payments or alter any methodologies authori zed by this Code to reduce any rate of r eimbursement for services or other payments in accordan ce with Section 5-5e. Because kidne y transplantation can be an appropriate, cost-effective a lternative to renal dialysis when medically necessary a nd notwithstanding the provisions of Section 1-11 of thi s Code, beginning October 1, 2014, the Department shall cover kidney transplantation for noncitizens with end-stage renal disease who are not eligible for comprehensive med ical benefits, who meet the residency requirements of Section 5-3 of this Code, and who would otherwise meet the financial requirements of the appropr iate class of eligible persons under Section 5-2 of thi s Code. To qualify for coverage of kidney transplantation, su ch person must be receiving emergency renal dialysis servic es covered by the Department. Providers under this Section sh all be prior approved and certified by the Department to perform kidney transplantation and the services under t his Section shall be limited to services associated with kidne y transplantation. Notwithstanding any oth er provision of this Code to the contrary, on or after July 1, 2015, all FDA-approved FDA approved forms of me dication assisted treatment prescribed for the treatment of alcoho l dependence or treatment of opioid dependence shall be covered und er both fee-for-service and managed care medical a ssistance programs for persons who are otherwise eligible for medi cal assistance under this Article and shall not be subject to any (1) utilization control, other than those established under th e American Society of Addiction Medicine patient placemen t criteria, (2) prior authorization mandate, (3) lifetime restriction limit mandate, or (4) limitations on dosage. On or after July 1, 2015, opioid antagonist s prescribed for the treatment of an opioid overdose, includi ng the medication product, administration devices, and an y pharmacy fees or hospital fees related to the dispensing, di stribution, and administration of the opioid antagonist, shall be covered under the medical assistance program for persons w ho are otherwise eligible for medical assistance under t his Article. As used in this Section, "opioid antagonist" means a drug that binds to opioid re ceptors and blocks or inhibits the effect of opioids acting on those recepto rs, including, but not limited to, naloxone hydrochloride o r any other similarly acting drug approved by the U.S. Food and Drug Ad ministration. The Department shall not impose a copayment on the coverage provided for naloxone hydrochloride under the me dical assistance program. Upon federal approv al, the Department shall provide coverage and reimbursement for all drugs that are approved for marketing by the federal Foo d and Drug Administration and that are recommended by th e federal Public Health Service or the Uni ted States Centers for Disease Control and Prevention fo r pre-exposure prophylaxis and related pre- exposure prophylaxis services, including, but not limited to, HIV and sexually transmitted infection screening, treatment fo r sexually transmitted infections, medical monitoring, assorte d labs, and counseling to reduce the likelihood of HIV in fection among individuals who are not infected with HIV but wh o are at high risk of HIV infection. A federa lly qualified health center, as defined in Section 1905(l)(2)(B ) of the federal Social Security Act, shall be reimbursed by t he Department in accordance with the federally qualified healt h center's encounter rate for services provided to medi cal assistance recipients that are performed by a dental hygienist, as defined under the Illinois Dental Pract ice Act, working under the general sup ervision of a dentist and employed by a federally qu alified health center. Within 90 days after October 8, 2021 (the effective date of Public Act 102-665 ), the Department shall seek federal approval of a State Pla n amendment to expand coverage for family planning services t hat includes presumptive eligibility to individuals whose income is at or below 208% of the federal poverty level. Coverage under th is Section shall be effective beginning no later than De cember 1, 2022. Subject to approval by the fe deral Centers for Medicare and Medicaid Services of a Title XIX State Plan amendment electing the Program of All-In clusive Care for the Elderly (PACE) as a State Medicaid option, as provided for by Subtitle I (comme ncing with Section 4801) of Title IV of the Balanced Budget Act of 1997 (Public Law 105-33) and Part 460 (commencin g with Section 460.2) of Subchapter E of Title 42 of the Code o f Federal Regulations, PACE program services shall become a covered benefit of the medical assistance program, s ubject to criteria established in accordance with all app licable laws. Notwithstanding any other provision of this Code , community-based pediatric palliative care from a trained interdisciplinary team shall be covered under the medica l assistance program as provided in Section 15 of the Pedi atric Palliative Care Act. Notwithstanding an y other provision of this Code, within 12 months after June 2, 2022 (the effective date of Public Act 102-1037) and sub ject to federal approval, acupuncture services performed by an acupuncturist licensed under the Acupuncture Practice Act who is acting within the scope of his or her license shall be covered under the medical assistance program. The Depart ment shall apply for any federal waiver or State Plan amendment , if required, to implement this paragraph. The Department ma y adopt any rules, including standards and criteria, neces sary to implement this paragraph. Notwithsta nding any other provision of this Code, the medical assistanc e program shall, subject to federal approval, reimburse hosp itals for costs associated with a newborn screening tes t for the presence of metachromatic leukodystrophy, as required under the Newborn Met abolic Screening Act, at a rate not less than the fee charged b y the Department of Public Health. Notwithstanding any oth er provision of this Code, the medical assistance program shal l, subject to appropriation and federal approval, also reimburse hospitals for costs associated with all newborn screening tests added on and after Au gust 9, 2024 (the effective date of Public Act 103-909) this amendatory Act of the 103rd General Assembly to the Newborn M etabolic Screening Act and required to be performed under tha t Act at a rate not less than the fee charged by the Departmen t of Public Health. The Department shall seek federal approval before the implementation of the newborn screen ing test fees by the Department of Public Health. Notwithstandi ng any other provision of this Code, beginning on Janu ary 1, 2024, subject to federal approval, cognitive assessment and care planning services provided to a person who expe riences signs or symptoms of cognitive impairment , as defined by the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, shall be covered under the m edical assistance program for persons who are otherwise eligible for medical assistance under this Article. Notwithstanding any other provision of this Code, me dically necessary reconstructive services that are intende d to restore physical appearance shall be covered under the medical assistance program for persons who are otherwise eligible for medical assistance under this Article. As used in this paragraph, "reconstructive services" means treatments performed on st ructures of the body damaged by trauma to restore physical appe arance. (Source: P.A. 102-43, Article 30, Section 30-5, eff. 7-6-21; 102-43 , Article 35, Section 35-5, eff. 7-6-2 1; 102-43, Article 55 , Section 55-5, eff. 7-6-21; 102 -95, eff. 1-1-22; 102-123, eff. 1-1-22; 102-558, eff. 8-20-21; 102-598, eff. 1-1-22; 102-655, eff . 1-1-22; 102-665, eff. 10-8-21; 102-813, eff. 5-13-22; 102-101 8, eff. 1-1-23; 102-1037, eff. 6- 2-22; 102-1038, eff. 1-1-23; 103-102, Article 15, S ection 15-5, eff. 1-1-24; 103-102, Article 95, Section 95-15, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154 , eff. 6-30-23; 103-368, eff. 1-1 -24; 103-593, Article 5, Section 5-5, eff. 6-7-24; 103-593, Article 90, Section 90-5, eff. 6-7-24; 103-605, eff. 7-1-24; 103-808, eff. 1-1-26; 103-909, eff. 8-9-24; 103-1040, eff. 8-9-24; revised 10-10-24.) (

305 ILCS 5/5-5.01a) Sec. 5-5.01a . Supportive living facilities program. ( a) The Department shall establish and provide oversight for a program of supportive living facilities that seek to promote resident independence, dignity, respect, and well-being in the most cost-effective manner. A supportive living facility is (i) a free-stan ding facility or (ii) a distinct physical and operational entity within a mixed-use bui lding that meets the criteria established in subsection (d). A supportive living facility integrates housing with health, personal care, and supportive services and is a designated setting that offers resid ents their own separate, private, and distinct living units. Sites for the oper ation of the program shall be selected by the Department based upon criteria that may include the nee d for services in a geographic area, the availability of funding, and the site's ability to meet the stand ards. (b) Beginning July 1, 2014, subject to federal approval, the M edicaid rates for supportive living facilities shall be equal to the supportive living facility Medicaid rate effective on June 30, 2014 increased by 8.85%. Once the assessment imp osed at Article V-G of this Code is determined to be a permissible tax under Title XIX of the Social Secur ity Act, the Department shall increase the Medicaid rates for supportive liv ing facilities effective on July 1, 2014 by 9.09%. The Dep artment shall apply this increase retroactively to coincide with the imposition of the assessment in Article V-G of this Code in accordance with the approval for federal fi nancial participation by the Centers for Medicare and Medicaid Services. The Medicaid rates for suppor tive living facilities effective on July 1, 2017 must be equal to the rate s in effect for supportive living facilities on June 30, 2017 increased by 2.8%. The Medicaid rat es for supportive living facilities effective on July 1, 201 8 must be equal to the rates in effect for supportive living facilities o n June 30, 2018. Subject to federal ap proval, the Medicaid rates for supportive living services on and after July 1, 2019 must be at least 54.3% of the a verage total nursing facility services per diem for the geographic areas defined by the Department while maintaining the ra te differential for dementia care and must be updated whenever the total nursing facility service per diems are updated. Beginning July 1, 2022, upon the implementation of the Pat ient Driven Payment Model, Medicaid rates for supportive livin g services must be at least 54.3% of the average total nursin g services per diem rate for the geographic areas. For purposes of this provision, the average total nursing services per d iem rate shall include all add-o ns for nursing facilities for the geographic area pr ovided for in Section 5-5.2. The rate differential for de mentia care must be maintained in these rates and the rates sha ll be updated whenever nu rsing facility per diem rates are updated. Subject to federal approval, beginning January 1, 202 4, the dementia care rate for supportive living services must be no le ss than the non-dementia care supportive livin g services rate multiplied by 1.5. (b-5 ) Subject to federal approval, beginning January 1, 2025, Medic aid rates for supportive living services must be at least 54.7 5% of the average total nursing services per diem rate for th e geographic areas defined by the Department and shall incl ude all add-ons for nursing facilities for the geographic area provided for in Section 5-5.2.

(c) The Department may adopt rules to implement thi s Section. Rules that establish or modify the services, s tandards, and conditions for participation in the program shal l be adopted by the Department in consultation with the Department on Aging, the Department of Rehabilitation Services, and the Depa rtment of Mental Health and Developmental Disabilities (or their succ essor agencies). (d) Subject to federal approval by the Centers for Medicare and Medicaid Services, the Departme nt shall accept for consideration of certification under the program any application for a site or building where dist inct parts of the site or building are designated for purposes other than the provision of supportive living se rvices, but only if: (1) t hose distinct parts of the site or building are not designated for the purpose of providing assisted living services as req uired under the Assisted Living and Shared Housing Act; (2) those distinct parts of the site or building are completely separate from the part of the building used for the provision of supportive living program s ervices, including separate entrances; (3) those distinct parts of the site o r building do not share any common spaces with the part of t he building used for the provision of supportive livin g program services; and (4) those distinct parts of the site or building do not share staf fing with the part of the building used for the pro vision of supportive living program services. (e) Facilities or distinct parts of facilities which are selected as supportive living facilities and are in good s tanding with the Department's rules are exempt from the prov isions of the Nursing Home Care Act and the Illinois Health Facilities Planning Act.

(f) Section 9817 of the American Rescue Plan Act of 2021 (Public Law 117-2) authorizes a 10% enhanced federal medical assistance percentage for s upportive living services for a 12-month per iod from April 1, 2021 through March 31, 2022. Subject to f ederal approval, including the approval of any necessary wa iver amendments or other federally required documents or assurances, for a 12-month period the Department m ust pay a supplemental $26 per diem rate to all supportive living facilities with the additional federal financial p articipation funds that result from the enhanced fed eral medical assistance percentage from Apri l 1, 2021 through March 31, 2022. The Department may issue parameters around how the supplemental payment should be spent, including quality improvement activities. The Department may alte r the form, methods, or timeframes concerning the supplem ental per diem rate to comply with any subsequent changes to federal law, changes made by guidance issued by the f ederal Centers for Medicare and Medicaid Services, or oth er changes necessary to receive the enhanced feder al medical assistance percentage. (g) All applications for the expansion of supportive living dementia ca re settings involving sites not approved by the Department by January 1, 2024 (Public Act 103-102) may allow new elderly non-dementia units in add ition to new dementia care units. The Department may app rove such applications only if the application has: (1) no more than one non-dementia care unit for each dementia care uni t and (2) the site is not located within 4 miles of an e xisting supportive living program site in Cook County (inc luding the City of Chicago), not located within 12 miles of an existing supportive living program site in Alexander, Bond, B oone, Calhoun, Champaign, Clinton, DeKalb, DuPage, Fulton, Grundy, Henry, Jackson, Jersey, Johns on, Kane, Kankakee, Kendall, Lake, Macon, Macoupin, Madison, Marshall, McHenry, McLean, Menard, Mercer, Monroe, Peoria, Piatt, Rock Island, Sangamon, Stark, St. Clair, Tazewell, Vermilion, Will, Williamson, Winnebago, or Woodford counties, or not located within 25 miles of an existing supportive living program site in any other county. (h) Beginning J anuary 1, 2025, subject to federal approval, for a person who is a resident of a supportive living facility under this Section, the monthly personal nee ds allowance shall be $120 per month. (i) (h) As sta ted in the supportive living program home and community-b ased service waiver approved by the federal Centers for Medicare and Medicaid Services, and beginning July 1, 2025, the Department must maintain the rate add-on implemented on Januar y 1, 2023 for the provision of 2 meals per day at no less than $6.15 per day. (j) (f) Subject to federal approval, the Departmen t shall allow a certified medication aide to administer me dication in a supportive living facility. For purposes of t his subsection, "certified medication aide" means a person who has met the qualifications for certification under Secti on 79 of the Assisted Living and Shared Housing Act and as sists with medication administration while under the superv ision of a registered professiona l nurse as authorized by Section 50-75 of th e Nurse Practice Act. The Department may adopt rules to implemen t this subsection. (Source: P.A. 102-43, eff. 7-6-21; 102-699, eff. 4-19-22; 103-102, Article 20, Section 20-5, eff. 1-1-24; 103- 102, Article 100, Section 100-5, eff. 1-1-24; 1 03-593, Article 15, Section 15-5, eff. 6-7-24; 103-593, Article 100, Section 100-5, eff . 6-7-24; 103-593, Article 165, Section 165-5, eff. 6-7-24; 103-605, eff. 7-1-24; 103-886, eff. 8-9-24; revised 10-8-24.) (305 ILCS 5/5-5

.24a) Sec. 5-5.24a. Remote u ltrasounds and remote fetal nonstress tests; reimbursemen t. (a) Subject to fed eral approval, for dates of service beginning on and after January 1, 2025, the Department shall reimburse for remote ultrasou nd procedures and remote fetal nonstress tests when the patie nt is in a residence or other off-si te location from the patient's provider and the same standard of care is met as would be prese nt during an in-person visit. (b) Remote ultrasounds and remot e fetal nonstress tests are only eligible for reimbursement when the provider uses dig ital technology: (1) to collect medical and ot her forms of health data from a patient and to electronically transmit that information secu rely to a health care provider in a different location for interpretation and recommendation; (2) that is compliant with the federal Health Insurance Portability and Accountability Act of 1996; and (3) that is approved by the U.S. Food and Drug Administration. (c) A f etal nonstress test is only eligible for reimbursement with a place of service modifier for at-home monitoring with remote monitoring solutions that are cleared by the U.S. Foo d and Drug Administration for on-label use for monitor ing fetal heart rate, maternal heart rate, and uterine activ ity. (d) The Department shall issue guidance to implement the provisions of this Section.(Source: P.A. 103-593, eff. 6-7-24.) (305 ILCS 5/5-5.24b) (This Sect ion may contain text from a Public Act with a delayed effect ive date) Sec. 5-5.24b 5-5.24a. Coverage for at-home pregnancy tests. Beginning January 1, 2025, the medical assistance program shall provide coverage for at-home, urine-based pregnancy tests that are ordered directly by a cli nician or furnished through a standing order for patient use, regardless of whether the tests are otherwise avail able over the counter. The coverage required under this Secti on is limited to a multipack, as defined by the Department, of at-home, urine-based pregnancy tests every 30 days.(Source: P.A. 103 -870, eff. 1-1-25; revised 10-2-24.) (305 ILCS 5/5-5a.1) Se c. 5-5a.1. Telehealth services for persons with intellectual and developmental disabilities. The Department shall file an amendment to the Home and Community-Base d Services Waiver Program for Adults with Developmental Disabilities authorized under Section 1915(c) of the Social Security Act to incorporate telehealth services administered by a provider of telehealth services that demon strates knowledge and experience in providing medical and emergency services for persons with intellectual and developmental dis abilities. For dates of service on and after January 1, 2025, t he Department shall pay negotiated, agreed upon administrative fees associated with implementing telehealth services for persons with intellectual and developmental disabilities w ho are receiving Community Integrated Living Arrangement reside ntial services under the Home and Community-Based Services Waiver Program for Adults with Developmental Disabilities. The implementat ion of telehealth services shall not impede the choice of any individual receiving wa iver-funded services through the Home and Community-Based Services Waiver Program for Adults with Developmental Disabilities to receive in-person healt h care services at any time. The Department shall ensure indiv iduals enrolled in the waiver, or their guardians, req uest to opt in opt-in to these services. For individuals who opt in, th is service shall be included in the individual's person -centered plan. The use of telehealth services shall n ot be used for the convenience of staff at any time nor s hall it replace primary care physician services.(Source: P.A. 103-102, eff. 7-1-2 3; 103-593, eff. 6-7-24; revised 10- 23-24.) (305 ILCS 5/5-16.8)

Sec. 5-1 6.8. Required health benefits. The medical assistance program shall (i) provide the post-mastectomy care benefits requir ed to be covered by a policy of accident and health insuranc e under Section 356t and the coverage required under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6, 356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46, 356z.47, 356z.51, 356z.53 , 356z.59, 356z.60, 356z.61, 356z.64, and 356z.67, and 356z.71, and 356z.75 of the Illinois Insurance Code, (ii) be subject to the provisions of Sections 356z.19, 356z.44 , 356z.49, 364.01, 370c, and 370c.1 of the Illinois Insurance C ode, and (iii) be subject to the provisions of subsection (d-5) of Section 10 of the Network Ad equacy and Transparency Act. The Department, by rule, shall adopt a model si milar to the requirements of Section 356z.39 of the Illinois Insurance Code. On and after July 1, 2012, the Department shall reduce any rate of reimburs ement for services or other payments or alter any methodologies authorized by this Code to reduce any rate of reimbursement for services or other payments in accordance with Sec tion 5-5e. To ensure full access to the benefits set forth in this Section, on and after January 1, 2016, the Department shall ensure that provider and hospital reimbursement for post-mastectomy care benefits required under this Section are no lower than the Medicare reimbursement ra te. (Source: P.A. 102-30, eff. 1-1-22; 102-144, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1 -1-22; 102-530, eff. 1-1-22; 102-642, eff. 1-1-22; 102-804 , eff. 1-1-23; 102-813, eff. 5-13-22 ; 102-816, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1 -13-23; 103-84, eff. 1-1-24; 103 -91, eff. 1-1 -24; 103-420, eff. 1-1-24; 103-605, eff. 7-1-24; 103-703, eff. 1-1-25; 103-758, eff. 1-1-25; 103-1 024, eff. 1-1-25; revised 11-26-24.)

(305 ILCS 5/5-16.8a) Sec. 5-16.8a. Rules concerning contin uous glucose monitor coverage. The Department shall adopt rules to implement the changes made to Section 35 6z.59 of the Illinois Insurance Code, as applied to the medical assistance program. The rules shall, at a minimum, provide that: (1) the ordering provider mus t be a physician licensed under the Medical Practice Act of 1987 or a certified nurse practitioner or physician ass istant with a collaborative agreement with the physician; the ordering provider is not required to obtain c ontinuing medical education in order to prescribe a continuous glucose monitor; (2) continuous glucose monitors are not required to have an alarm when glucose levels are outside th e predetermined pre-determined range; the capacity to ge nerate predictive alerts in case of impending hypoglycemia; or the ability to transmit real-time glucose values and alerts to the patient and designated other persons ; (3) the beneficiary is not required to need intensive in sulin therapy; (4) the beneficiary is not requir ed to have a recent history of emergency room visits or ho spitalizations related to hypoglycemia, hyperglycemia, or keto acidosis; (5) if the benefici ary has gestational diabetes, the beneficiary is not required to have suboptimal glycemic control that is likely to harm the beneficiary or the fetus; (6) if a beneficiary has diabetes m ellitus and the beneficiary does not meet the coverage requirements or if the beneficiary is in a populatio n in which continuous glucose monitor usage has not been well-studied, requests shall be r eviewed, on a case-by-case basis, for medical n ecessity and approved if appropriate; and (7) prior author ization is required for a prescription of a cont inuous glucose monitor; once a continuous glucose monitor is pres cribed, the prior authorization shall be approved for a 12-month period.(Source: P.A. 103-639, eff. 7-1-24; revis ed 10-23-24.) (305 ILCS 5/5-30.1

) Sec. 5-30.1. Managed care protections. (a) As used in this Section:

"Managed care organization" or "MCO" means any entity which contracts with the Department t o provide services where payment for medical services is made on a capitated basis. "Emergency services" means health care items and services, including inpatient and outpatient hospital s ervices, furnished or required to evaluate and stabilize an emer gency medical condition. "Emergency services" include inpatient stab ilization services furnished during the inpatient stabilization period. "Emergency services" do not include post-stabilization medical services. "Emergency medical cond ition" means a medical condition manifesting itself by a cute symptoms of sufficient severity, regardless of the final diagnosis given, such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in: (1) placing the health of the individual (or, with respect to a pregnant woman, the health of the wom an or her unborn child) in serious jeopardy; (2) serious impairmen t to bodily functions; (3) serious dysfunction of any bodily organ or part; (4) inadequately controlled pain; or (5) with respect to a pregnant wom an who is having contractions: (A) inadequate time to complete a safe transfer to another hospital before delivery; or (B) a transfer to another hosp ital may pose a threat to the health or safety of the woman o r unborn child. "Emergency medical scr eening examination" means a medical screening examination and evaluation by a physician licensed to practice medicine in a ll its branches or, to the extent permitted by applicable la ws, by other appropriately licensed personnel under the sup ervision of or in collaboration with a physician licensed to practice medicine in all its branches to determine whethe r the need for emergency services exists.

"Health care services" mean any medical or behavioral health ser vices covered under the medical assistance program that are subject to review u nder a service authorization program. "Inpatient stabilization period" means the initial 72 hours of inpatient stabilization services, beginni ng from the date and time of the order for inpatient admi ssion to the hospital. "I npatient stabilization services" mean emergency services furnis hed in the inpatient setting at a hospital pursuant to an order fo r inpatient admission by a physician or other qualified pr actitioner who has admitting privileges at the hospita l, as permitted by State law, to stabilize an emergency medical condition following an emergency medical screening examination. "Post-stabilization medical services" means health care services provided to an enrollee that are furnished in a hospital by a provider that is qualified to furnish such servi ces and determined to be medically necessary by the provider an d directly related to the emergency medical condition following stabilizatio n. "Provider" means a facility or in dividual who is actively enrolled in the medical assistance p rogram and licensed or otherwise authorized to order, pre scribe, refer, or render he alth care services in this State. "S ervice authorization determination" means a decision made by a service authorization program in advance of, concurrent t o, or after the provision of a health care service to approve, change the level of care , partially deny, deny, or otherwise limit coverage and reimb ursement for a health care service upon review of a servi ce authorization request. "Service author ization program" means any utilization review, utilization mana gement, peer review, quality review, or other medical manag ement activity conducted by an MCO, or its contracted utilization review organization, includ ing, but not limited to, prior authorization, prior appro val, pre-certification, concurrent review, retrospe ctive review, or certification of admission, of health ca re services provided in the inpatient or outpatient hos pital setting. "Service authorizati on request" means a request by a provider to a service aut horization program to determine whether a health care servi ce meets the reimbursement eligibility requirements for med ically necessary, clinically appropriate care, resulti ng in the issuance of a service authorization determina tion. "Utilization review organizatio n" or "URO" means an MCO's utilization review department or a p eer review organization or quality improvement organization tha t contracts with an MCO to administer a service authorization program and make service authorization determinations.

(b) As provided by Section 5-16.12, managed care organizations are subject to the provisions of the Managed C are Reform and Patient Rights Act. (c) An M CO shall pay any provider of emergency services, including for inpatient stabilization services provided during the inpatient stabilization period, that does not have in effect a contra ct with the contracted Medicaid MCO. The default rate of reim bursement shall be the rate paid under Illinois Medicaid fee- for-service program methodology, including all policy adjusters, including but not limited to Medicaid H igh Volume Adjustments, Medicaid Percentage Adjustment s, Outpatient High Volume Adjustments, and all outlier add-on adjustments to the extent such adjustments are inc orporated in the development of the applicable MCO capitated rates. (d) (Blank).

(e) Notwithstanding any other provision of law, the following requirements apply to MCOs in determining payment for all emergency services, including inpatient sta bilization services provided during the inpatien t stabilization period: (1) The MCO shall not impose any service authorization program requirements for emergency services, including , but not limited to, prior authorization, prior approval , pre-certification, certification of admission, concurre nt review, or retrospective review. (A) Notification period: Hospitals sh all notify the enrollee's Medicaid MCO within 48 hours of t he date and time the order for inpatient admission is written. Noti fication shall be limited to advising the MCO that the patien t has been admitted to a hospital inpatient level of c are. (B) If the admitting hospital complies with the notification provisions of subp aragraph (A), the Medicaid MCO may not initiate concur rent review before the end of the i npatient stabilization period. If the admi tting hospital does not comply with the notification requirements in subparagraph (A), the Medicaid MCO may init iate concurrent review for the continuation of the stay beginn ing at the end of the 48-hour notification period. (C) Coverage for services provided during the 48-hour notification period may not be retrospectively de nied. (2) The MCO sha ll cover emergency services provided to enrollees who are tempor arily away from their residence and outside the contracting ar ea to the extent that the enrollees would be entitled to the emergency services if they still were within the c ontracting area. (3) The MCO shall have no obligation to cover emergenc y services provided on an emergency basis that are no t covered services under the contract between the MCO and the Department. (4) T he MCO shall not condition coverage for emergency services on the treating provider notifying the MCO of the enrollee's emergency medical screening examinatio n and treatment within 10 days after present ation for emergency services. (5) The determination of the attending emergency physician, or the practitioner responsible for the enrollee's care at the hospital, of whether an enrollee requires inpatient stabilization services, can be stabili zed in the outpatient setting, or is sufficiently stabilized for discharge or transfer to another s etting, shall be binding on the MCO. The MCO shall cover and reimburse providers for emergency services as billed by the provider for all enrollees whether the emergency ser vices are provided by an affiliated or non-affiliat ed provider, except in cases of fraud. The MCO shall reimburse inpatient s tabilization services provided during the inpatient stabilization period and billed as inpatient level of care based on the appropriate inpatient reimbursement methodo logy. (6) The MCO's financial responsibility for post-stabilization m edical services it has not pre-approved ends when: (A) a plan physi cian with privileges at the treating hospital assumes resp onsibility for the enrollee's care; (B) a plan physic ian assumes responsibility for the enrollee's care through transfer; (C) a contracting entity representative and the treating physician reach an agreement concerning the enr ollee's care; or (D) the enrollee is discharged. (e -5) An MCO shall pay for all post-stabilizat ion medical services as a covered service in any of t he following situations: (1) the MCO or its URO authorized such services; (2) such services were admin istered to maintain the enrollee's stabilized condition wit hin one hour after a request to the MCO for autho rization of further post-stabilization services; (3) the MCO or its URO did not respond to a request to authorize suc h services within one hour; (4) the MCO or its URO could not be contacted; or (5) the MCO or i ts URO and the treating provider, if the treat ing provider is a non-affiliated provider, could not r each an agreement concerning the enrollee's care and an affiliated provider was unavailable for a consultation, in which case t he MCO must pay for such services rendered by the tre ating non-affiliated provider until an affi liated provider was reached and either concurred with the trea ting non-affiliated provider's plan of care or assumed responsib ility for the enrollee's care. Such payment shall be m ade at the default rate of reimbursement paid under the State's Medicaid fee-for-service program methodology, inc luding all policy adjusters, including, but not limited to , Medicaid High Volume Adjustments, Medicaid Percentage Adjustments, Outpatient High Volume Adjustments, and all outlier add-on adjustments to the extent that suc h adjustments are incorporated in the development of the appl icable MCO capitated rates. (f) Network a dequacy and transparency. (1) The Department shall : (A) ensure that an adequate provider network is in place, taking into considerat ion health professional shortage areas and medically under served areas; (B) publicly release an explanation of its process for analyzi ng network adequacy; (C) periodically ensure that an MCO continues to ha ve an adequate network in place; (D) require MCOs, including Medicaid Man aged Care Entities as defined in Section 5-30.2, to m eet provider directory requirements under Section 5-30.3; (E) require MCOs to ensure that any Medicaid-certified provider und er contract with an MCO and previously submitted on a ro ster on the date of service is paid for any medically necessa ry, Medicaid-covered, and authorized service re ndered to any of the MCO's enrollees, regardless of inclusion on the MCO's publi shed and publicly available directory of available providers; and (F) require MCOs, incl uding Medicaid Managed Care Entities as defined in Section 5-30.2, to meet each of the requirements under subs ection (d-5) of Section 10 of the Network Adequacy and Transparency Act ; with necessary exceptions to the MCO's network to ensure that admission and treatment with a provider or at a treatment fa cility in accordance with the network adequacy standards in p aragraph (3) of subsection (d-5) of Section 10 of the Netw ork Adequacy and Transparency Act is limited to providers or f acilities that are Medicaid certified. (2) Each MCO shall confirm its receipt of information submitted spe cific to physician or dentist additions or physi cian or dentist deletions from the MCO's provider network wit hin 3 days after receiving all required information from contracted physicians or dentists, and e lectronic physician and dental directories must be updated consistent with current rules as published by the Cente rs for Medicare and Medicaid Services or its successo r agency. (g) Timely payment of claims. (1) The MCO sha ll pay a claim within 30 days of receiving a claim that conta ins all the essential information needed to adjudicate the c laim. (2) The MC O shall notify the billing party of its inability to adjudicate a claim within 30 days of receiving that claim. (3) The MCO shall pay a penalty that is at least equal to the timely payment interest penalty imposed under Sect ion 368a of the Illinois Insurance Code for any claims not timely paid. ( A) When an MCO is required to pay a timely payment interest penalty to a provider, the MCO must calculate and pay th e timely payment interest penalty that is due to the pr ovider within 30 days after the payment of the clai m. In no event shall a provider be required to request o r apply for payment of any owed timely payment inter est penalties. ( B) Such payments shall be reported separately from the claim payment for services rendered to the MCO's enrollee and clearly identified as interest payments . (4)(A) The Depar tment shall require MCOs to expedite payments to p roviders identified on the Department's expedited provider list, determin ed in accordance with 89 Ill. Adm. Code 140.71(b), on a schedule at least as frequently as the providers a re paid under the Department's fee-for- service expedited provider schedule. (B) Compliance with the expedited provider requirement may be satisfied by an MCO through the use of a Periodic Interim Payment (PIP) program that has been mutually agreed to and documented between the MCO and t he provider, if the PIP program ensures that any expedi ted provider receives regular and periodic payments based on prior period payment experience from that MCO. Total payments under the PIP program may be reconciled against future PIP payments on a schedule mutual ly agreed to between the MCO and the provider. (C) The Department shall share at l east monthly its expedited provider list and the fre quency with which it pays providers on the expedit ed list. (g -5) Recognizing that the rapid transformation of the Illinois Medicaid program may have unintended operati onal challenges for both payers and providers: (1) in no instance shall a m edically necessary covered service rendered in good faith, based upon eligibility information documented by the provider, be denied coverage or di minished in payment amount if the eligibility or coverage inf ormation available at the time the service was rendered i s later found to be inaccurate in the assignment of c overage responsibility between MCOs or the fee-for-service system, except for instances when an indivi dual is deemed to have not been eligible for coverage under the Illinois Medicaid program; and (2) the Department shall, by December 3 1, 2016, adopt rules establishing policies that shall be i ncluded in the Medicaid managed care policy and procedures manual addressing payment resolutions in situa tions in which a provider renders services based upon in formation obtained after verifying a patient's eligibility and cove rage plan through either the Department's current enrollment system or a system operated by the coverage plan identifie d by the patient presenting for services:

(A) such medically necessary covered services sha ll be considered rendered in good faith; (B) such policies and procedures shall be developed in consultation with industry repr esentatives of the Medicaid managed care health plans and r epresentatives of provider associations representing the ma jority of providers within the identified provi der industry; and (C) su ch rules shall be published for a review and commen t period of no less than 30 days on the Department's website with final rules r emaining available on the Department's website. The rules on payment resolutions sh all include, but not be limited to: (A) the extension of the timel y filing period;

(B) retroactive prior authorizations; and (C) guaranteed minimum payment ra te of no less than the current, as of the date of servic e, fee-for-service rate, plus all applicable add-ons, when the resulting service relationship is out of ne twork. The rules shall be applicable f or both MCO coverage and fee-for-service c overage. I f the fee-for-service system is ultimate ly determined to have been responsible for coverage on the date of service, the Department shall prov ide for an extended period for claims submission outside the st andard timely filing requirements. (g-6) MCO Performance Metrics Report. (1) The Depar tment shall publish, on at least a quarterly basis, each MCO's opera tional performance, including, but not limited to, the fol lowing categories of metrics: (A) claims payment, including timeliness and accuracy; (B) prior authorizations; (C) grievance and appeals; (D) utilization stati stics; (E) provider disputes ; (F) pro vider credentialing; and (G) member and provider custom er service. (2) The Department shall ensure that the metrics report is accessible to providers online by J anuary 1, 2017. (3) The metr ics shall be developed in consultation with industry repres entatives of the Medicaid managed care health plans and representatives of associations re presenting the majority of providers within the identified industry. (4) Metrics shall be de fined and incorporated into the applicable Managed Ca re Policy Manual issued by the Department. (g-7) MCO claims processing an d performance analysis. In order to monitor MCO payments to hospital providers, pursuant to Publ ic Act 100-580, the Department shall post an analysis of MCO claims processing and payment performance on its website every 6 mon ths. Such analysis shall include a review and evaluation of a represe ntative sample of hospital claims that are rejected and denied f or clean and unclean claims and the top 5 reasons for such actions and ti meliness of claims adjudication, which identifies the percentage of claims adjudicat ed within 30, 60, 90, and over 90 days, and the dollar amounts associated with those claims. (g-8) Dispute resolution pro cess. The Department shall maintain a provider complaint portal through which a provider can submit to the Departmen t unresolved disputes with an MCO. An unresolved dispute means an MCO's decision that denies in who le or in part a claim for reimbursement to a provi der for health care services rendered by the provider to an e nrollee of the MCO with which the provider disagrees . Disputes shall not be submit ted to the portal until the provider has availed itself of the MCO's internal dispute resolution process. Disputes that are s ubmitted to the MCO internal dispute resolution process may be subm itted to the Department of Healthcare and Family Service s' complaint portal no sooner than 30 days after submitting t o the MCO's internal process and not later than 30 days after the unsatisfactory resolution of the internal MCO process or 60 days after submitting the dispute to the MCO internal pro cess. Multiple claim disputes involving the same MCO may be submitted in one complaint, regardless of whether the claims are for different enrollees, when the specific reason f or non-payment of the claims involves a common question of fact or policy. Within 10 business days of receipt of a co mplaint, the Department shall present such disputes to the app ropriate MCO, which shall then have 30 days to issue its writ ten proposal to resolve the dispute. The Department may grant one 30-day extension of this time frame to one of the parties to resolve the dispute. If the dispute remains unreso lved at the end of this time frame or the provider is not sati sfied with the MCO's written proposal to resolve the disp ute, the provider may, within 30 days, request the Depar tment to review the dispute and make a final determinatio n. Within 30 days of the request for Department review of t he dispute, both the provider and the MCO shall present all relevant information to the Department for resolution and make individuals with knowledge of the issues available to the De partment for further inquiry if needed. Within 30 days of rec eiving the relevant information on the dispute, or the lap se of the period for submitting such information, the Departme nt shall issue a written decision on the dispute based on con tractual terms between the provider and the MCO, contrac tual terms between the MCO and the Department of Healthcare an d Family Services and applicable Medicaid policy. The decision of the Department shall be final. By January 1, 2020, the Department shall establish by rule further details of this dispute re solution process. Disputes between MCOs and providers presented to the Department for resolution are not contested cases, as def ined in Section 1-30 of the Illinois Administrative Pro cedure Act, conferring any right to an administrative hearing.

(g-9)(1) The Department shall publish annually on its website a report on the calculation of each managed care organization's medical loss ratio sho wing the following: (A) Premium revenue, with appropriate adjustments. (B) Benefit expense, setting for th the aggregate amount spent for the following: (i) Direct paid claims. (ii) Subcapitation paym ents. (iii) Other c laim payments. (iv) Direct reserves. (v) Gross recoveries. (vi) Expenses for activities that improve health ca re quality as allowed by the Department. (2) The medical loss ratio shall be calculated con sistent with federal law and regulation following a claims run out period determined by the Department. (g-10)(1) "Liability effective date" means the date on which an MCO beco mes responsible for payment for medically necessary and cove red services rendered by a provider to one of its enrolle es in accordance with the contract terms between the MCO and the provider. The liabilit y effective date shall be the later of: (A) The exec ution date of a network participation contract agreemen t. (B) The date the provid er or its representative submits to the MCO the complete and accu rate standardized roster form for the provider in the format approved by the Department. (C) The provid er effective date contained within the Department's provider en rollment subsystem within the Illinois Medicaid Program Advance d Cloud Technology (IMPACT) System. (2) Th e standardized roster form may be submitted to the MCO at the same time that the provider submits an enrollment applicat ion to the Department through IMPACT. (3 ) By October 1, 2019, the Department shall require all M COs to update their provider directory with information for n ew practitioners of existing contracted providers within 30 days of receipt of a complete and accurate standardized rost er template in the format approved by the Department provided t hat the provider is effective in the Department's provider en rollment subsystem within the IMPACT system. S uch provider directory shall be readily accessible for p urposes of selecting an approved health care prov ider and comply with all other federal and State requi rements. (g-11) The Department sh all work with relevant stakeholders on the development of o perational guidelines to enhance and impro ve operational performance of Illinois' Medicaid managed ca re program, including, but not limited to, improving p rovider billing practices, reducing claim rejections and inappropriate payment denials, and standardizing processes, procedures, definitions, and response timelines, with the goal of reducing provider and M CO administrative burdens and conflict. The Department shall inc lude a report on the progress of these program improvemen ts and other topics in its Fiscal Year 2020 annual report to the General Assembly. (g-12) Notwith standing any other provision of law, if the Department or an MC O requires submission of a claim for payment in a non-electronic format, a provider shall always be afforded a pe riod of no less than 90 business days, as a correction period , following any notification of rejection by either th e Department or the MCO to correct errors or omissions in the o riginal submission. Under no circumsta nces, either by an MCO or under the State's fee-for-service system, shall a provider be denied payment for failure to comply with any timely submission require ments under this Code or under any existing contract, unless t he non-electronic format claim submission occur s after the initial 180 days following the latest date of service on the claim, or after the 90 business days cor rection period following notification to the provider of rejection or denial of payment. (g-13) Utilization Review Standardization and Transparency. (1) To ensure greater standa rdization and transparency related to service authorization determinations, for all individuals cover ed under the medical assistance program, including both the fee-for-service and managed care programs, the Depart ment shall, in consultation with the MCOs, a statewide as sociation representing the MCOs, a statewide association repre senting the majority of Illinois hospitals, a statewid e association representing physicians, or any other inter ested parties deemed appropriate by the Department, ad opt administrative rules consistent with this subsection, in accordance with the Illinois Administrative Procedure Act. (2) Prior to July 1, 2025, the Dep artment shall in accordance with the Illinois Administrative Procedur e Act adopt rules which govern MCO practices for dates of ser vices on and after July 1, 2025, as follows: (A) guidelines related to the publi cation of MCO authorization pol icies; (B) procedures that, due to medical complexity, must be reimbursed under the applicable inpatient methodolog y, when provided in the inpatient setting and billed as a n inpatient service; (C) standardization of administrative forms used in the memb er appeal process; (D) limitations on second or subsequent medical nece ssity review of a health care service already autho rized by the MCO or URO under a service authorization pro gram; (E) standardization of peer-to-peer processes and timelines; (F) defined criteria for urgent and standard post-acute care servi ce authorization requests; and (G) standardized criteria for service autho rization programs for authorization of admission to a long-term acute care hospital. (3) The Department shall expand the scope of the quality and com pliance audits conducted by its contracted external q uality review organization to include, but not be limited to : (A) an analysis of the Medicaid MCO's compliance with natio nally recognized clinical decision guidelines; (B) an analysis that compares and cont rasts the Medicaid MCO's service authorization determinatio n outcomes to the outcomes of each other MCO plan and the St ate's fee-for-service program model to evaluate whether service authorization deter minations are being made consistently by all Medicai d MCOs to ensure that all individuals are being treated in accordance with equitable standards of care; (C) an analysis, for each Medicaid MCO, of the number of service authorization requests, including requests for c oncurrent review and certification of admissions, received, initially denied, overturned through any pos t-denial process including, but not limited to, enrollee or provi der appeal, peer-to-peer review, or the pro vider dispute resolution process, denied but approved for a lower or different level of care, and the number denied on final determination; and (D) provide a written report to the General Assembly, detailing the items listed in this subsection and any other metrics deemed necessary by the Department, by the second April, fo llowing June 7, 2024 (the effect ive date of Public Act 103-593)

this amendatory Act of the 103rd General Assembly , and each April thereafter. The Departmen t shall make this report available within 30 days of d elivery to the General Assembly, on its public facing website. (h) The Department shall not expand mandatory MCO enrollment into new counties beyond those counties already designated by the Dep artment as of June 1, 2014 for the individuals whose eligibility for medical assistance is not the seni ors or people with disabilities population until the Depa rtment provides an opportunity for accountable care entities and M COs to participate in such newly designated counties . (h-5) Leading indicator data sharing. By January 1, 2024, the Department shall o btain input from the Department o f Human Services, the Department of Juvenile Justice, th e Department of Children and Family Services, the State Board of Education, managed care organizat ions, providers, and clinical experts to identify and analyze ke y indicators and data elements that can be used in an analysis of lead indicators from assessments a nd data sets available to the Department that can be shared with man aged care organizations and similar care coordina tion entities contracted with the Department as lea ding indicators for elevated behavioral health crisis risk for children, incl uding data sets such as the Illinois Medicaid Comp rehensive Assessment of Needs and Strengths (IM-CANS) , calls made to the State's Crisis and Referral Entry Se rvices (CARES) hotline, health services information from Hea lth and Human Services Innovators, or other data sets that ma y include key indicators. The workgroup shall complete i ts recommendations for leading indicator data elements on or before September 1, 2024. To the extent permitted by State and federal law, the identifie d leading indicators shall be shared with managed care organiza tions and similar care coordination entities contracted with the Department on or before December 1, 2024 for the purpose of improving care coordination with the early detection of elevat ed risk. Leading indicators shall be reassessed annually with s takeholder input. The Department shall implement guidance to ma naged care organizations and similar care coordination entitie s contracted with the Department, so that the managed car e organizations and care coordination entities respond to lead indicators with services and interventions that are desi gned to help stabilize the child. (i) The requirements of this Section apply to contra cts with accountable care entities and MCOs entered into, ame nded, or renewed after June 16, 2014 (the effective date of P ublic Act 98-651). (j) Health care info rmation released to managed care organizations. A health care provider shall release to a Medicaid managed care organization, upon request, and subject to the Health Insu rance Portability and Accountability Act of 1996 and any other law applicable to the release of health information, the healt h care information of the MCO's enrollee, if the enrollee has completed and signed a general release form that grants to t he health care provider permission to release the recipient's h ealth care information to the recipient's insurance carrier. (k) The Department of Healthcare and Fami ly Services, managed care organizations, a statewide or ganization representing hospitals, and a statewide organizat ion representing safety-net hospitals shall explore ways to support billing departments in safety-net hospita ls. (l) The requi rements of this Section added by Public Act 102-4 shall apply to services provided on or after the first day of t he month that begins 60 days after April 27, 2021 (the effect ive date of Public Act 102-4).

(m) Except where otherwise express ly specified, the requirements of this Section added by Public Act 103-593 this am endatory Act of the 103rd General Assembly shall apply to services provided on or after July 1, 2025. (Source: P.A. 102-4, eff. 4-27-21; 102-43, eff. 7-6-21; 102-144, eff. 1-1-22; 102-454, eff. 8-20-21; 102-813, eff. 5-13-22; 103-546, eff. 8-11-23; 103-593, eff. 6-7-24; 103-885, eff. 8-9-2 4; revised 10-7-24.) (305 ILCS 5/5-52) Sec. 5-52. Custom prosthetic and orthoti c devices; reimbursement rates. Su bject to federal approval, for dates of service beginning on and af ter January 1, 2025, the Department shall increase the current 2024 Medicaid rate by 7% under the medical assistance program for custom prosthetic and orthotic devices. (Source: P.A. 103-593, eff. 6-7-24.) (305 ILCS 5/5-56)

(This Section may contain text fro m a Public Act with a delayed effective date)

Sec. 5-56 5-52. Coverage for hormonal therapy to treat menopause. The medical assistance pro gram shall provide coverage for medically necessary hormone therapy treatment to treat menopause that has been induced by a hysterectomy.(Source: P.A. 103-703, eff. 1-1-26; revised 10-2-24.) (305 ILCS 5/5-57) Sec. 5-57 5-52. Genetic testing and evidence-based screenings for an inherited gene mut ation. (a) In this Section, "genetic testing for an inherited mutation" means germline multi- gene testing for an inherited mutation associated with an increased risk of canc er in accordance with evidence-based, clinical pra ctice guidelines. (b) Subject to federal approval, the medical assista nce program, after January 1, 2026, shall provide coverage for clinical genetic testing for an inherited gene mutation for individuals with a personal or family history of cancer, as recommended by a health care profess ional in accordance with current evidence-based clinical practice guidelines, including, but not limited to, the current versio n of the National Comprehensive Cancer Network clinical practice guidelines. (c) For individuals with a genetic test that is positive for an inherited mutation associated with an increased risk of cancer, coverage required under this Section shall include any evidence-based screenings, as recommended by a health care professional in accor dance with current evidence-based clinical practice guidelines, to the e xtent that the management recommendation is not already covered by the medical assistance program. In this subsection, "ev idence-based cancer screenings" means medically re commended evidence-based screening modalities in accordance with current clinica l practice guidelines.(Source: P.A. 103-914, eff. 1-1-25; revised 12-3-24.) (305 ILCS 5/14-12) Sec. 14-12. Hospital rate reform payment system. The hospital payment system pursuant to Sectio n 14-11 of this Article shall be as follows: (a) In patient hospital services. Effective for discharges on an d after July 1, 2014, reimbursement for inpatient general acute care services shall utilize the All Patient Refined Diagnosis Related Grouping (APR-DRG) software, version 30, distribute d by 3M^TM Health Information Syste m. (1) The Depart ment shall establish Medicaid weighting factors to be us ed in the reimbursement system established under this subsection. Initial weighting factors shall be the weighting fa ctors as published by 3M Health Information System, associated with V ersion 30.0 adjusted for the Illinois experi ence. (2) The Department shall establish a statewide-standardized amount to be used in the inpati ent reimbursement system. The Department shall publish these amounts on its website no later than 10 calendar days prior to their effective date. (3) In additi on to the statewide-standardized amount, the Department sh all develop adjusters to adjust the rate of reimbursement for critical Medicaid providers or services for trauma, tr ansplantation services, perinatal care, and Graduate Medical Ed ucation (GME). (4) The Department shall develop add-on payments to account for ex ceptionally costly inpatient stays, consistent with Medicare outlier principles. Outlier fixed loss thre sholds may be updated to control for excessive growth in out lier payments no more frequently than on an annual basis, b ut at least once every 4 years. Upon updating the fixed lo ss thresholds, the Department shall be required to update base rates within 12 months. (5) The Department shall define those hospi tals or distinct parts of hospitals that sh all be exempt from the APR-DRG reimbursement system establ ished under this Section. The Department shall publish th ese hospitals' inpatient rates on its website no later than 10 calendar days prior to their effective date.

(6) Beginning July 1, 2014 and ending on December 31, 2023, in addition to the statewide- standardized amount, the Department shall develop an adjustor to adjust the rate of reimbursement for safety-net hospitals defined in Section 5-5e.1 of this Code excluding pediatric hospitals. (7) Be ginning July 1, 2014, in addition to the statewide -standardized amount, the Department shall develop an adjustor to adjust the rate of reimbursement for Illino is freestanding inpatient psychiatric hospitals that are not designated as children's hospitals by the Depart ment but are primarily treating patients under the age of 21. (7.5) (Blank). (8) Beginning July 1, 2018, in addition to the statewide-standardized amount, the Department shall adjust the rate of reimbursement for hospitals designated by the Department of Public Health as a Perinatal Leve l II or II+ center by applying the same adjustor that is applied to Perinatal and Obstetrical care cases for Perinatal Leve l III centers, as of December 31, 2017. (9) Beginning July 1, 2018, in addition to the statewide-standardized amount, the Department sha ll apply the same adjustor that is applied to trauma cases as of December 31, 2017 to inpatient claims to treat patients with burns, including, but not limited to, APR-DRGs 841, 842, 843, and 844. (10) Beginning July 1, 2018, the statewide-standardized amount for inpatient gener al acute care services shall be uniformly increased so tha t base claims projected reimbursement is increased by a n amount equal to the funds allocated in paragraph (1) of subsection (b) of Section 5A-12.6, less the amount allocated under paragraphs (8) an d (9) of this subsection and paragraphs (3) and (4) o f subsection (b) multiplied by 40%.

(11) Beginning July 1, 2018, the reimbursement for i npatient rehabilitation services shall be increased by the addition of a $96 per day add-on. (b) Outpatient hospital services. Effective for dates o f service on and after July 1, 2014, reimbursement for outpatient s ervices shall utilize the Enhanced Ambulatory Procedu re Grouping (EAPG) software, version 3.7 distributed by 3M^TM Health Information System. (1) The Department shall establish Medicaid weighting factors to be used in the reimburs ement system established under this subsection. The initial weighting factors shall be the weighting factors as published by 3M Health Information Syst em, associated with Version 3.7. (2) The Department shall establish service s pecific statewide-standardized amounts to b e used in the reimbursement system. (A) The initial statewide standardize d amounts, with the labor portion adjusted by the Calendar Year 2013 Medicare Outpatient Pros pective Payment System wage index with reclassifications, shall be published by the Department on its website no later than 10 calendar days prior to their effective date. (B) The Department shall establish adjustments to the statewide-s tandardized amounts for each Critical Access Hospital, as designated by the Department of Public Health in accordance wit h 42 CFR 485, Subpart F. For outpatient services provided on or before June 30, 2018, the EAPG standardized amounts are determined separately for eac h critical access hospital such that simulated EAPG payment s using outpatient base period paid claim data plus payment s under Section 5A-12.4 of this Code net of t he associated tax costs are equal to the estimated costs of outpatient base per iod claims data with a rate year cost inflation factor app lied. (3) In additi on to the statewide-standardized amounts, the Department shall develop adjusters to adjust the rate of rei mbursement for critical Medicaid hospital outpatient providers or services, including outpatient high vol ume or safety-net hospitals. Beginning July 1, 2 018, the outpatient high volume adjustor shall be increased to increase annual expenditures associated with this adjustor by $79,200,000, based on the State Fiscal Year 2015 base year dat a and this adjustor shall apply to public hospitals, except for large public hospitals, as defined under 89 Ill . Adm. Code 148.25(a). (4) Beginning July 1, 2018, in addition to the st atewide standardized amounts, the Department shall make an add-on payment for outpatient expensive devic es and drugs. This add-on payment shall at leas t apply to claim lines that: (i) are assigned with one of the following EAPGs: 490, 1001 to 1020, and coded with one of the following revenue codes: 0274 to 0276, 0278; or (ii) are assigned with one of the following EAPGs: 430 to 441, 443, 444, 460 to 465, 495, 496, 1090. The add-on payment shall be calculated a s follows: the claim line's covered charges multiplied by the hospital's total acute cost to charge ratio, less the c laim line's EAPG payment plus $1,000, multiplied by 0.8. (5) Beginning July 1, 2 018, the statewide-standardized amounts for outp atient services shall be increased by a uniform percentage so that base claims projected reimbursement is increased by an amount equal to no less than the funds alloc ated in paragraph (1) of subsection (b) of Section 5A-12.6, less the amount allocated under paragraphs (8) and (9) of subsection (a) and paragraphs (3) and (4) of this subsection multiplied by 46%. (6) Effective for dates of service on or after July 1 , 2018, the Department shall establish adjustments to the state wide-standardized amounts for each Critical Acces s Hospital, as designated by the Department of Publi c Health in accordance with 42 CFR 485, Subpart F, such t hat each Critical Access Hospital's standardized amount for outpatient services shall be increased by the applicable unifor m percentage determined pursuant to paragraph (5) of this s ubsection. It is the intent of the General Assembly that the adjustments required under this paragraph (6) by P ublic Act 100-1181 shall be applied retroa ctively to claims for dates of service provided on or after July 1, 2018. (7) Effective for dates of service on or after March 8, 2019 ( the effective date of Public Act 100-1181), the Dep artment shall recalculate and implement an updated state wide-standardized amount for outpatient services provide d by hospitals that are not Critical Access Hospitals to reflect the applicable uniform percentage determined pursuant to paragraph (5).

(1) Any recalculat ion to the statewide-standardized amounts for outp atient services provided by hospitals that are not Critical Ac cess Hospitals shall be the amount necessary to achieve the increase in the statewide-standardized amounts for outpatient services increased by a uniform percent age, so that base claims projected reimbursement is incre ased by an amount equal to no less than the funds allocated in paragraph (1) of subsection (b) of Section 5A-12 .6, less the amount allocated under paragraphs (8) and (9) of subsection (a) and paragraphs (3) and (4) of this subsec tion, for all hospitals that are not Critical Access Hosp itals, multiplied by 46%. (2) It is the intent of the General Assembly that the recalculations required under this pa ragraph (7) by Public Act 100-1181 shall be appl ied prospectively to claims for dates of service provided on or after March 8, 2019 (the effective date of Publ ic Act 100-1181) and that no recoupment or repaym ent by the Department or an MCO of payments attributable to recalcul ation under this paragraph (7), issued to the hospital for dates of service on or after July 1, 2018 a nd before March 8, 2019 (the effective date of Publ ic Act 100-1181), shall be permitted. (8) The Department shall ensure that all necessary adjustments to the managed care orga nization capitation base rates necessitated by the adjustments under subparagraph (6) or (7) of this s ubsection are completed and applied retroactivel y in accordance with Section 5-30.8 of this Code within 90 days of March 8, 2019 (the effectiv e date of Public Act 100-1181). (9) Within 60 days after fe deral approval of the change made to the assessm ent in Section 5A-2 by Public Act 101-650, the Dep artment shall incorporate into the EAPG system for ou tpatient services those services performed by hospitals curr ently billed through the Non-Institutional Pro vider billing system. (b-5) Notwithstanding any other provision of this Section, b eginning with dates of service on and after Janua ry 1, 2023, any general acute care hospital with more than 500 outpatient psychiatric Medicaid services to pe rsons under 19 years of age in any calendar year shall be paid the outpatient add-on payment of no less than $113. (c) In consultation with the hospital commu nity, the Department is authorized to replace 89 Ill. Ad m. Code 152.150 as published in 38 Ill. Reg. 4980 through 4986 within 12 months of June 16, 2014 (the effe ctive date of Public Act 98-651). If the Depart ment does not replace these rules within 12 months of June 16, 2014 (the effective date of Public Act 98-651), the rules in effect fo r 152.150 as published in 38 Ill. Reg. 4980 through 498 6 shall remain in effect until modified by rule by the Departm ent. Nothing in this subsection shall be construed to mandate that the Department file a replacement rule. (d) Transition period. There shall be a transition period to the reimbursement systems authorized under th is Section that shall begin on the effective date of these system s and continue until June 30, 2018, unless extended by rule by the Department. To help provide an orderly and predictable tr ansition to the new reimbursement systems and to preserve and e nhance access to the hospital services during this transition, the Department shall allocate a transitional hosp ital access pool of at least $290,000,000 annually so that transitional hospital access payments are made to hospit als. (1) After the transitio n period, the Department may begin incorporating the transitional hos pital access pool into the base rate structure; however, the transitional hospital access payments in effect on June 30, 2018 shall continue to be paid, if continued under Section 5A-16.

(2) After the transition p eriod, if the Department reduces payments from the transitiona l hospital access pool, it shall increase base rates, develop new adjustors , adjust current adjustors, develop new hospital access pa yments based on updated information, or any combination the reof by an amount equal to the decreases proposed in the tra nsitional hospital access pool payments, ensuring that the en tire transitional hospital access pool amount shall con tinue to be used for hospital payments. ( d-5) Hospital and health care transformation progr am. The Department shall develop a hospital and health ca re transformation program to provide financial assistance to ho spitals in transforming their services and care models to better align with the needs of th e communities they serve. The payments authorized in this Section shall be subject to approval by the federal govern ment. (1) Phase 1. In State fiscal years 2019 through 2020, the Department shal l allocate funds from the transitional access hospital pool to create a hospital transforma tion pool of at least $262,906,870 annually and make hosp ital transformation payments to hospitals. Subject to S ection 5A-16, in State fiscal years 2019 and 2020, an Illinois hospital that received either a transitional hospital access payment under subsection (d) or a supplem ental payment under subsection (f) of this Section in St ate fiscal year 2018, shall receive a hospital transforma tion payment as follows: (A) If the hospital's Rate Year 2017 Medicaid inpatient uti lization rate is equal to or greater than 45%, the hospital trans formation payment shall be equal to 100% of the sum of its transitional hospital access payment authorized und er subsection (d) and any supplemental payment authorized un der subsection (f). (B ) If the hospital's Rate Year 2017 Medicaid inpatient ut ilization rate is equal to or greater than 25% but less than 45%, the hospital transformation payment shall be equal to 75% o f the sum of its transitional hospital access payment auth orized under subsection (d) and any supplemental payment authorized under subsection (f). (C) If the hospital's Rate Year 2017 Med icaid inpatient utilization rate is less than 25%, the hospita l transformation payment shall be equal to 50% of the sum of its transitional hospital access payment author ized under subsection (d) and any supplemental payment authorized under subsection (f). (2) Phase 2. (A) The funding amount from phase one sha ll be incorporated into directed payment and pass-through payment methodologies described in Sectio n 5A-12.7. (B) Because there are communities in Illinois that experience significant health care disparities due to systemic racism, as recently emphasized by the COVID-19 pandemic, aggravated by s ocial determinants of health and a lack of sufficiently allocated health care healthcare resources, particular ly community-based services, preventive care, ob stetric care, chronic disease management, and specialty care, the Department shall establish a health care transformation program that shall be supported by the tra nsformation funding pool. It is the intention of the General Assembly that innovative partnerships fund ed by the pool must be designed to establish or improve integrated health care delivery systems that will pr ovide significant access to the Medicaid and uninsured populations in their communities, as well as improve health care equity. It is also the intention of the General Assembly t hat partnerships recognize and address the disparities rev ealed by the COVID-19 pandemic, as well as the need for post-COVID care. Du ring State fiscal years 2021 through 2027, the hospital and hea lth care transformation program shall be supported by an annual transformation funding pool of up to $150,000,000, pending federal matching funds, to be allocat ed during the specified fiscal years for the purpose of facilit ating hospital and health care transformation. No disbursement of moneys fo r transformation projects from the transformation funding p ool described under this Section shall be considered a n award, a grant, or an expenditure of grant funds. Funding agreements made in accordance with the transformation program shall be considered purchases of care under the Illinois Procurement Code, and funds shall be expended by the Department in a manne r that maximizes federal funding to expend the entire allocated amount. The Department shall convene, within 30 days af ter March 12, 2021 (the effective date of Public Act 101-655), a workgroup that includes subject ma tter experts on health care healthcare disparities and stakeholders from distressed communities, which could be a subcomm ittee of the Medicaid Advisory Committee, to review an d provide recommendations on how Department policy, in cluding health care transformation, can improve health disparities and the impact on communities disproportio nately affected by COVID-19. The workgroup shal l consider and make recommendations on the fol lowing issues: a community safety-net desi gnation of certain hospitals, racial equity, and a regional partnership to bring additional specialty services to communities. (C) As provided in paragraph (9) of Section 3 of the Illinois Health Facilities Planning Ac t, any hospital participating in the transformation program may be excluded from the requirements of th e Illinois Health Facilities Planning Act for those pr ojects related to the hospital's transformation. To be eligible , the hospital must submit to the Health Faciliti es and Services Review Board approval from the Department that the project is a part of the hospital's transformation. (D) As provided in subsection (a-20) of Section 32.5 of the Emergency Medical Services (EMS) Systems Act, a hospital that received hospita l transformation payments under this Sect ion may convert to a freestanding emergency center. To be eligible for such a conversion, the hospital must submit to the Department of Public Health approval fro m the Department that the project is a part of the ho spital's transformation. (E) Criteria for proposals. To be eligible for funding under this Section, a transformation proposal shall meet all of the following criteria:

(i) the proposal shall be desig ned based on community needs assessment completed by either a University partner or other qualified entity with significant community input; (ii) the proposal shall be a collaboration among providers across the care and community spectrum, including preventative care, primary care specialty care, hospital services, mental health and substance abuse services, as well as community-based entities that address the social de terminants of health; (iii) the proposal shall be specifical ly designed to improve health care healthcare outcomes a nd reduce health care healthcare disparities, an d improve the coordination, effectiveness, an d efficiency of care delivery; (iv) the proposal shall have specific measurable metrics related to disparities that will b e tracked by the Department and made public by the Department; (v) the proposal shall i nclude a commitment to include Business Enterpris e Program certified vendors or other entities cont rolled and managed by minorities or women; and (vi) the proposal shall specifically increase access to primary, preve ntive, or specialty care. (F) Entities eligible to b e funded. (i) Proposals for funding should come from co llaborations operating in one of the most distressed communities in Illinois as determined by the U.S. Centers f or Disease Control and Prevention's Social Vulnerability Index for Illinois and areas d isproportionately impacted by COVID-19 or from rural areas of Illinois. (ii) The Department shall prioritize partnerships from distressed communities, whi ch include Business Enterprise Program certified vendors or other entities controlled and managed by mi norities or women and also include one or more of the following: safety-net hospitals, criti cal access hospitals, the campuses of hospitals that have closed since January 1, 2018, or other healt h care healthcare providers designed to address specific health care healthcare disparities, including the impact of COVID-19 on individuals and the community and the need for post-COVID care. All funded proposals must include specific me asurable goals and metrics related to improved outcomes and r educed disparities which shall be tracked by the Department. (iii) The Department should t arget the funding in the following ways: $30 ,000,000 of transformation funds to projects that are a collaboration between a safety-net hospital, particularly communi ty safety-net hospitals, and other providers and designed to address specific health car e healthcare disparities, $20,000,000 of transformation fund s to collaborations between safety-net ho spitals and a larger hospital partner that increase s specialty care in distressed communities, $30,000,000 of transformation funds to projects t hat are a collaboration between hospitals and other providers in distressed areas of the State designed to address specific health care healthcare disparities, $15,000,000 to collaborations bet ween critical access hospitals and other provid ers designed to address specific health care healthcare dispar ities, and $15,000,000 to cross-provider c ollaborations designed to address specific health care healthcare disparities, and $5, 000,000 to collaborations that focus o n workforce development. (iv) The Department ma y allocate up to $5,000,000 for planning, racial equity analysis, or consulting resources for the Department or e ntities without the resources to develop a plan to meet the criteria of this Section. Any contract for consulting services issued by the Department under this subparagraph shall comply with the provisions of Section 5-45 of the State Officials and Employees Ethics Act. Based o n availability of federal funding, the Depart ment may directly procure consulting services or p rovide funding to the collaboration. The provision of reso urces under this subparagraph is not a guarantee that a project will be approve d. (v) The Department shall take steps to ensure that safet y-net hospitals operating in under-resourced communities receiv e priority access to hospital and health c are healthcare transformation funds, including consulting funds, as provided under this Sect ion. (G) Process for submitting and appr oving projects for distressed communities. The Department shall issue a template for application. The Depa rtment shall post any proposal received on the Department's website for at least 2 weeks for pu blic comment, and any such public comment shall als o be considered in the review process. Applicants may request that proprietary financial inform ation be redacted from publicly posted proposals and the Department in its discretion may agree. Proposals for each distressed community must include al l of the following:

(i) A detailed description o f how the project intends to affect the goals outl ined in this subsection, describing new interventions, n ew technology, new structures, and other changes to the health care healthcare delivery system planned. (ii) A detailed description of the racial and ethnic ma keup of the entities' board and leadership positio ns and the salaries of the executive staff of entities in the partnership that is seeking to obtain funding under this Secti on. (ii i) A complete budget, including an overall timeline an d a detailed pathway to sustainability within a 5-year period, specifying other sources of funding , such as in-kind, cost-sharing, or privat e donations, particularly for capital needs. Ther e is an expectation that parties to the transformation project dedicate resources to the extent they are a ble and that these expectations are delineated separ ately for each entity in the proposal. (iv) A description of any new entities formed or other legal relationships between collaborating entities and how funds will be a llocated among participants. (v) A timeline showing the evolution of sites and specific services of the project over a 5-year period, including services available to the community by s ite. (vi) Clear milestones indicating p rogress toward the proposed goals of the propos al as checkpoints along the way to continue r eceiving funding. The Department is aut horized to refine these milestones in agreements, and is authori zed to impose reasonable penalties, including repa yment of funds, for substantial lack of progress. (vii) A clear st atement of the level of commitment the project will include for minorities and women in contrac ting opportunities, including as equity partners where applicable, or as subcontractors and suppli ers in all phases of the project. (viii) If the community study utilized is not the study commissioned an d published by the Department, the applicant must d efine the methodology used, including documenta tion of clear community participation. (ix) A description of the process used in collaborating with all levels of gove rnment in the community served in the develo pment of the project, including, but not limited to, legislators and officials of other units of local gover nment. (x) Documentation of a community input process in the community served, including links to proposal materials on public websites. (x i) Verifiable project milestones and quality metrics that will be impacted by trans formation. These project milestones and quality metrics mu st be identified with improvement targets that must be met.

(xii) Data on the number of existing employees by various job categories and wage level s by the zip code of the employees' re sidence and benchmarks for the continued maintenance and improve ment of these levels. The proposal must also describe any retraining or other workforc e development planned for the new project. (xiii) If a new entity is created by the project, a description of how the board will be reflective of the community served by the proposal. (xiv) An explanation of how the proposal will address the existing dis parities that exacerbated the impact of C OVID-19 and the need for post-COVID care in the commu nity, if applicable. (xv) An explanation of how the proposal is designed to increase access to care, including specialty care bas ed upon the community's needs. (H) The Department shall e valuate proposals for compliance with the criteri a listed under subparagraph (G). Prop osals meeting all of the criteria may be eligible for funding wit h the areas of focus prioritized as described in item (ii) of subparagraph (F). Based on t he funds available, the Department may negoti ate funding agreements with approved applicants to maximize federal funding. Nothing in this su bsection requires that an approved project be funded to the level requ ested. Agreements shall specify the amount of funding antic ipated annually, the methodology of payments, th e limit on the number of years such fundin g may be provided, and the milestones an d quality metrics that must be met by the projects in order to c ontinue to receive funding during each year of the program. Agreements shall specify the terms and conditions und er which a health care facility that receives funds under a purchase of care agreement and closes in violation of the terms of th e agreement must pay an early closure fee no gr eater than 50% of the funds it received under the agreement, prior to the Healt h Facilities and Services Review Board considering an applic ation for closure of the facility. Any project that is funded shall be required to provide quarterly writ ten progress reports, in a form prescribed by the Department, and at a minimum shall include the pr ogress made in achieving any milestones or metrics or Business Enterprise Program commitments in its plan. T he Department may reduce or end payments, as set forth in transformation plans, if milestones or met rics or Business Enterprise Program commitments are n ot achieved. The Department shall seek to ma ke payments from the transformation fund in a manner that is eligible for federal matching funds. In reviewing the propos als, the Department shall take into account the needs of the community, data from the study commissioned by t he Department from the University of Illinois-Chicago if applicable, feedback from public comment o n the Department's website, as well as how the proposal meets the criteria listed under subparagraph (G). A lignment with the Department's overall strategic ini tiatives shall be an important factor. To th e extent that fiscal year funding is not adequ ate to fund all eligible projects that apply, the Depar tment shall prioritize applications that most compre hensively and effectively address the criteria liste d under subparagraph (G). (3) (Blank). (4) Hospital Transformation Review Committee. There is created the Hospital Transformation Review Com mittee. The Committee shall consist of 14 members. No later than 30 days after March 12, 2018 (the effec tive date of Public Act 100-581), the 4 legislat ive leaders shall each appoint 3 members; the Governor shall appoint the Director of Healthcare and Family Services, or his or her designee, as a member; and the Director of Healthcare and Family Services shall appoint one member. Any vacancy shall be filled by the applicable appointing authority within 15 cale ndar days. The members of the Committee shall select a Chair and a Vice-Chair from among its memb ers, provided that the Chair and Vice-Chair cannot be appointed by the same appointing autho rity and must be from different political parties . The Chair shall have the authority to establish a me eting schedule and convene meetings of the C ommittee, and the Vice-Chair shall have the autho rity to convene meetings in the absence of the Chair. The Committee may establish its own rules with respect to meeting schedule, notice of meetings, and the disclosure of documents; however, the Committee shall not have the power to subpoena indivi duals or documents and any rules must be approved by 9 o f the 14 members. The Committee shall perform the functi ons described in this Section and advise and consult with the Dir ector in the administration of this Section. In additi on to reviewing and approving the policies, procedures, and rules for the hospital and health care transformati on program, the Committee shall consider and make recomm endations related to qualifying criteria and payment met hodologies related to safety-net hospitals and childr en's hospitals. Members of the Committee appointed by the legi slative leaders shall be subject to the jurisdiction of the Leg islative Ethics Commission, not the Executive Ethics Commission, and all requests under the Freedom of Informa tion Act shall be directed to the applicable Freedom of I nformation officer for the General Assembly. The Department shal l provide operational support to the Committee as necessary. The Committee is dissolved on April 1, 2019 . (e) Beginning 36 months after initia l implementation, the Department shall update the reimbu rsement components in subsections (a) and (b), including standardized amounts and weighting factors, and at leas t once every 4 years and no more frequently than annually thereafter. The Department shall publish these updates on i ts website no later than 30 calendar days prior to their effective date. (f) Continuation of s upplemental payments. Any supplemental payments authoriz ed under 89 Illinois Administrative C ode 148 effective January 1, 2014 and that continue during the period of July 1, 2014 through December 31, 2014 sh all remain in effect as long as the assessment imposed b y Section 5A-2 that is in effect on December 31, 2017 remains in effect. (g) Notwithst anding subsections (a) through (f) of this Section and notwithstanding the changes authorized under Section 5-5b.1, any updates to the system shall not result in any diminishment of the overall effective rates of reim bursement as of the implementation date of the new system (J uly 1, 2014). These updates shall not preclude variations in any individual component of the system or hospital ra te variations. Nothing in this Section shall prohibit the De partment from increasing the rates of reimbursement or developi ng payments to ensure access to hospital services. Nothing in this Section shall be construed to guarantee a minimum amou nt of spending in the aggregate or per hospital as spen ding may be impacted by factors, including, but not limited to, the number of individuals in the medical assistance p rogram and the severity of illness of the individuals. (h) The Department shall have the authority to modify by rulemaking any changes to the rates or methodol ogies in this Section as required by the federal government to obtain federal financial participation for e xpenditures made under this Section.

(i) Except for subsections (g) and (h) of this Section, t he Department shall, pursuant to subsection (c) of Section 5-4 0 of the Illinois Administrative Procedure Act, pro vide for presentation at the June 2014 hearing of the Joint Co mmittee on Administrative Rules (JCAR) additional written notic e to JCAR of the following rules in order to commence th e second notice period for the following rules: rules p ublished in the Illinois Register, rule dated February 21 , 2014 at 38 Ill. Reg. 4559 (Medical Payment), 4628 (Specia lized Health Care Delivery Systems), 4640 (Hospital Servic es), 4932 (Diagnostic Related Grouping (DRG) Prospective Paymen t System (PPS)), and 4977 (Hospital Reimbursement Change s), and published in the Illinois Register dated Marc h 21, 2014 at 38 Ill. Reg. 6499 (Specialized Health Ca re Delivery Systems) and 6505 ( Hospital Services). (j) Out-of-state hospitals. Beginning July 1, 2018, for purposes of determining for State fiscal years 2019 and 2020 and sub sequent fiscal years the hospitals eligible for the payments authorized under subsections (a) and (b) of this Section, the Department shall include o ut-of-state hospitals that are designated a Leve l I pediatric trauma center or a Level I trauma center by the Departm ent of Public Health as of December 1, 2017. (k) The Department shall notify each hospital and managed care organization, in writing, of the impact of the updates under this Section at least 30 calendar days prior to their ef fective date. (l) This Section is subjec t to Section 14-12.5. (Source: P.A. 10 2-682, eff. 12-10-21; 102-1037, eff. 6 -2-22; 103-102, eff. 6-16-23; 10 3-154, eff. 6-30-23; revised 10-16-24.)

Section 905. The Illinois Caregiver Assistance and Resource Portal Act is amen ded by changing Section 25-1 as follows: (320 ILCS 70/25-1) Sec. 25-1. Short title. This A rticle Act may be cited as t he Illinois Caregiver As sistance and Resource Portal Act. As used in this Article, "this Act" refers to this Article.(Source: P.A. 103-588, eff. 6-5-24; rev ised 7-19-24.)

Section 910. The Department of Early Childh ood Act is amended by changing Section 15-5 as follows: (325 ILCS 3/15-5) Sec. 15-5. Transition of administ rative responsibilities related to home-visiting services. Beginning July 1, 2024, the Department of Early C hildhood and the Department of Human Services shall collaborate and plan for the tra nsition of administrative responsibilities related to home-visiting services as prescribed in Section 10-16 of the Department of Human Services Act . (Source: P.A. 103-594, eff. 6-25-24; revised 10-21-24.) Section 915. The Child Abuse Notice Act is amended by changing Section 5 as follows: (325 ILCS 6/5) Sec. 5. Posted notice required. E ach of the following businesses and other establishments shall, upon the availabili ty of the model notice described in Section 10, post a notice that complies with the require ments of this Act in a conspicuous place in all restrooms open to the public, or in another conspicuous locatio n in clear view of the public and employees where similar notices are customarily posted: (1) Hotels and motels. (2) Entertainment facilities or sporting facilities that are in door structures with a legal occupa ncy of at least 5,000 persons. (3) Tattoo and body piercing establishments. (4) Primary airports, as defined in Section 47102(1 6) of Title 49 of the United States Code. (5) Intercity passenger rail or light rail stations. (6) Bus stations. (7) Truck stops. As used in this Act, "tru ck stop" means a privately owned privately-owned and ope rated facility that provides food, fuel, shower, or other sanitary facilities, and lawful overnight truck parking. (8) Emergency rooms within general acute care hospitals, in which case the notice may be posted by electronic means. (9) Urgent care centers, in which case the notice may be posted by electronic mean s.(Source: P.A. 103-813, eff. 1-1-25; revised 12-1-24.) Section 9 20. The Children's Mental Health Act is amended by changing Se ction 5 as follows: (405 ILCS 49/5)

Sec. 5. Ch ildren's Mental Health Partnership; Children's Mental Health Plan. (a) The Children's Mental Health Partnership (hereafter referred to as "the Partnership") created under Public Act 93-495 and continued under Public Act 102 -899 shall advise State agencies and the Children's Behavioral Health Transforma tion Initiative on designing and implementing short-term and long-term strategies to provide comprehensive and coordinated services for chil dren from birth to age 25 and their families with the goal o f addressing children's mental health needs a cross a full continuum of care, including social determinants of health, prevention, early identification, and treatment. The recommended strategies shall build upon the recommendations in the Chi ldren's Mental Health Plan of 2022 and may include, but are not limited to, recommendations regarding the following: (1) Increasing public awareness on issue s connected to children's mental health and wellness to decrease stigma, pr omote acceptance, and strengthen the ability of children, families, and communities to access supports. (2) Coordination of programs, services, and policies across child-serving State agencies to best monitor and ass ess spending, as well as foster innovation of adaptive or new practices . (3) Funding and resources for children's mental health prevention, earl y identification, and treatment across child-serving State agencies . (4) Facilitation of resear ch on best practices and model programs and dissemination of this information to State policymakers, practitioners, and the general public. (5) Monitor ing programs, services, and policies addressing children's mental health and wellness. (6) Growing, retaining, diversifying, and supporting th e child-serving workforce, with special emphasis on professional development around child and family mental h ealth and wellness services.

(7) Supporting the design, implementation, a nd evaluation of a quality-driven children's mental health system of care acros s all child services that prevents mental health concerns a nd mitigates trauma. (8) Im proving the system to more effectively meet the emergency and residential placement needs for all childre n with severe mental and behavioral challenges. (b) The Partnership shall have the responsibility of developing and updating the Children's Mental Health Plan and advising the relevant State agencies on implementation of the Plan. The Children's Mental Health Partnership shal l be comprised of the following members: (1) The Gove rnor or his or her designee. (2) The Attorney General or his or her designee. (3) The Secretary of the Department of Hum an Services or his or her designee.

(4) The State Superintendent of Education or his or her designee. ( 5) The Director of the Department of Children and Fam ily Services or his or her designee. (6) The Director of the Department of Health care and Family Services or his or her designee. (7) The Director of the Department of Public Heal th or his or her designee. (8) The Director of the Department of Juvenile Justice or hi s or her designee. (9) The Secretary of Early Childhood or his or her designee.

(10) The Director of the Criminal Justice Information Authority or his or her des ignee. (11) One member of the General Assembly appointed by the Speaker of the House. (12) One member of the General Assembly appointed by the President of the Senate. (13) One me mber of the General Assembly appointed by the Minority Leader of the Senate. (14) One member of the General Assembly app ointed by the Minority Leader of the House. (15) Up to 25 representatives from the public r eflecting a diversity of age, gender identity, race, ethnic ity, socioeconomic status, and geographic location, to be appointed by the Governor. Those public members appointed under this para graph must include, but are not limited to:

(A) a family member or ind ividual with lived experience in the children's mental health system; (B) a child advocate; (C) a community mental health exper t, practitioner, or provider; (D) a representative of a statewide association rep resenting a majority of hospitals in the State; (E) an early childhood ex pert or practitioner; (F) a representative from the K-12 school system ; (G) a representative from the health care healthc are sector; (H) a substance use prevention expert or practiti oner, or a representative of a statewide association r epresenting community-based mental health substance use disorder treatment providers in the State;

(I) a violence prevent ion expert or practitioner; (J) a representative from the juvenile justice system; (K) a school social worker; and (L) a representative of a statewide organization repr esenting pediatricians. (16) Two co-chairs appointed by the Governor, one be ing a representative from the public and one being the Director of Public Health.

The members appointed by the Governor shall be appointed for 4 years with one opportunity for reappointment, except as otherwise provided for in this subsection. Membe rs who were appointed by the Governor and are serving on January 1, 2023 (the effecti ve date of Public Act 102-899) shall maintain their appo intment until the term of their appointment has expir ed. For new appointments made pursuant to Public Act 102-899, members shall be appointed for one-y ear, 2-year, or 4-year terms, as deter mined by the Governor, with no more t han 9 of the Governor's new or existing appointees serving the same term. Those new appointm ents serving a one-year or 2-year term may be a ppointed to 2 additional 4-year terms. If a vacancy occurs in the Partnership membership, the vacancy shal l be filled in the same manner as the original appointment fo r the remainder of the term. The Partn ership shall be convened no later than January 31, 2023 to dis cuss the changes in Public Act 102-899. The members of the Partnership shall s erve without compensation but may be entitled to reimburs ement for all necessary expenses incurred in the performance o f their official duties as members of the Partnership from f unds appropriated for that purpose. The Pa rtnership may convene and appoint special committees or study gr oups to operate under the direction of the Partnership. Pe rsons appointed to such special committees or study groups shall only receive reimbursement for reasonable expenses. ( b-5) The Partnership shall include an adjunct council comprised of no more than 6 youth aged 14 to 25 and 4 representative s of 4 different community-based organizations that focus on youth me ntal health. Of the community-based organizations that fo cus on youth mental health, one of the community-bas ed organizations shall be led by an LGBTQ-identified pers on, one of the community-based organizations shall be led by a person of color, and one of the commu nity-based organizations shall be led by a woman. Of the representatives a ppointed to the council from the community-ba sed organizations, at least one representative shall be LG BTQ-identified, at least one representative shall be a person of color, and at least one representative sha ll be a woman. The council members shall be appoin ted by the Chair of the Partnership and shall reflect the r acial, gender identity, sexual orientation, ability, s ocioeconomic, ethnic, and geographic diversity of the State, including rural, suburban, and urban appointees. The council shall make recommendations to the Partnership regarding youth mental health, including, bu t not limited to, identifying barriers to youth feelin g supported by and empowered by the system of mental health and tre atment providers, barriers perceived by youth in accessing menta l health services, gaps in the mental health system, availab le resources in schools, including youth's perceptions and experiences with outreach personnel, agency websites, and in formational materials, methods to destigmatize mental health ser vices, and how to improve State policy concerning student mental hea lth. The mental health system may include services for substance use disorders and addiction. The council shall mee t at least 4 times annually. (c) (Blank).

(d) The Illinois Children's Mental Health Partnersh ip has the following powers and duties:

(1) Conducting research assessments to determine th e needs and gaps of programs, services, and policies tha t touch children's mental health. (2) Developing policy statements for interagency coop eration to cover all aspects of mental health delivery, inclu ding social determinants of health, prevention, early iden tification, and treatment. (3) Recommending policies and providing information on effect ive programs for delivery of mental health services. (4) Using funding from federal, State, or philanthropic partners, to fund pilot programs or r esearch activities to resource innovative practices by organiza tional partners that will address children's mental health. H owever, the Partnership may not provide direct services. (4.1) The Partnership shall w ork with community networks and the Children's Beha vioral Health Transformation In itiative team to implement a community needs assessment, t hat will raise awareness of gaps in existing community-ba sed services for youth. (5) Submitting an annual report, on or before December 30 of each year, to the Governor and the General Assembly on t he progress of the Plan, any recommendations regarding State policies, laws, or rules necessary to fulfil l the purposes of the Act, and any additional recom mendations regarding mental or behavioral health that the Partnership deems nec essary. (6) (Blank). The Partnership may designate a fiscal and administrative agent that can accept funds to carry out its duties a s outlined in this Section. T he Department of Public Health shall provide te chnical and administrative support for the Partnershi p. (e) The Partnership may accept monetary gifts or grants from the feder al government or any agency thereof, from any charitab le foundation or professional association, or from any reputable source for implementation of any prog ram necessary or desirable to carry out the powers and duties as defined under this Section. (f) On or before January 1, 2027, the Partnership shall submit recommendations to the Governor and General Assembly that includes recommended u pdates to the Act to reflect the current mental health land scape in this State. (Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21; 102-899, eff. 1-1-23; 102-1034, eff. 1-1-23; 103-154, eff. 6-30-23; 103-594, eff. 6-25-24; 103-885, eff. 8-9-24; revised 10-9-24.) Section 925. The First Responder Mental Health Grant Program Act is amended by changing Section 10 as follows: (405 ILCS 135/10) Sec. 10. Definit ions. In this Act: "Behavioral health" means mental healt h, health relating to substance use, or both. "Behavioral health care" means services, treatment, medication, and other measures to overcome, mitigate, or pre vent a behavioral health issue. These services, treatment, med ication, and other measures qualify as "behavioral health care" even if there is no formal diag nosis of a specific condition. "Department" means the Department of Human Services.

"First responder" means a law enforcement officer, firefighter, emergency medical services personnel as defined in Section 3.5 of the Emergency Medical Services (EMS) Systems Act, or public safety telecommunicator as defined in Section 2 of the Emergency Telephone System Systems Act. "Record" means any record kept by a therapist or by an agency in the course of providing b ehavioral health care to a first responder concerning the first responder and the services provided. "Record" includes the personal notes of the therapist or agency. "Record" include s all records maintained by a court that have been create d in connection with, in preparation for, or as a result of the filing of any petition or certifi cate under Chapter II, Chapter III, or Chapter IV of the Mental Health and Developmental Disabilities Code and includes the petitions, certificates, dispositional reports, treatmen t plans, and reports of diagnostic evaluations and of hea rings under Article VIII of C hapter III or under Article V of Chapter IV of that Code. "Record" does not include information that has been de-ide ntified in accordance with HIPAA, as specified in 45 CFR 164. 514. "Record" does not include a reference to the receipt of be havioral health care noted during a patient history and physica l or other summary of care.(Source: P.A. 102-911, eff. 1-1-23; revised 7-22-24.) Section 930. The AIDS Co nfidentiality Act is amended by changing Section 3 as follows: (410 ILCS 305/3)

(from Ch. 111 1/2, par. 7303) Sec. 3. Definition s. When used in this Act: (a) "AIDS" means acquired immunodeficiency syndrome.

(b) "Authority" means the Illinois Health Information Exchange Authority established pursuant to the Ill inois Health Information Exchange and Technology Act.

(c) "Business associate" has the meaning ascri bed to it under HIPAA, as specified in 45 CFR 160.103. (d) "Covered entity" has the meaning ascribe d to it under HIPAA, as specified in 45 CFR 160.103. (e) "De-identified information" means health information that is not individually identifiable as described under HIPAA, as specified in 45 CFR 164.514(b). (f) "Department" means the Illinois Department of Public Health or its designated agents.

(g) "Disclosure" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103. (h) "Health care operations" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 164.501. (i) "Health care professional" means (i) a licensed physician, (ii) a licensed physician assistant, (iii) a licensed advanced practice registered nurse, (iv) an advanced pr actice registered nurse or physician assistant who pra ctices in a hospital or ambulatory surgical treatment center an d possesses appropriate clinical privileges, (v) a licensed dentist, (vi) a licensed podiatric physician, or (vii) a n individual certified to provide HIV testing and counseling by a State state or local public health department. (j) "Health care provider" has the meaning ascribed to it under HIP AA, as specified in 45 CFR 160.103. (k ) "Health facility" means a hospital, nursing home, blood ban k, blood center, sperm bank, or other health care institu tion, including any "health facility" as that term is defined in the Illinois Finance Authority Act. (l) "Health information exchange" or "HIE" m eans a health information exchange or health information organization that oversees and governs the electronic exchange of h ealth information. In certain circumstances, in acco rdance with HIPAA, an HIE will be a business associate. (m) "Health oversight agency" has the meanin g ascribed to it under HIPAA, as specified in 45 CFR 164.501. (n) "HIPAA" means the Health Insurance Po rtability and Accountability Act of 1996, Public Law 104-191, as amended by the Health Information Technology for Economic and Clinical Health Act of 2009, Public Law 111-05, and any subsequent amendments thereto and any regulations promulgated thereunder. (o) "HIV" means the human immunodeficiency virus. (p) "HIV-related information" means the identity o f a person upon whom an HIV test is performed, the res ults of an HIV test, as well as diagnosis, treatment, and p rescription information that reveals a patient is HIV-p ositive, including such information contained in a limited data s et. "HIV-related information" does not include infor mation that has been de-identified in accordance with H IPAA. (q) "Informed consent" means: (1) where a health care provider, health care professional, or health facility has im plemented opt-in testing, a process by which an indi vidual or the individual's their legal representative receives pre-test information, has an opportunity to ask questions, and consents verb ally or in writing to the test without undue inducement or a ny element of force, fraud, deceit, duress, or other form of con straint or coercion; or (2) where a health car e provider, health care professional, or health facility has implemen ted opt-out testing, the individual or the in dividual's their legal rep resentative has been notified verbally or in writing that th e test is planned, has received pre-test information, has been given the opportunity to ask questions and the opportunity to declin e testing, and has not declined testing; where such noti ce is provided, consent for opt-out HIV testing may be inco rporated into the patient's general consent for medical car e on the same basis as are other screening or diagno stic tests; a separate consent for opt-out HIV testing i s not required. In addition, where the person providing informed consent is a participant in an HIE, informed consent requires a fair explanation that the results of the patient's H IV test will be accessible through an HIE and meaningful d isclosure of the patient's opt-out right under Sectio n 9.6 of this Act. A health care provider, health care professional, or health facility undertaking an inf ormed consent process for HIV testing under this subsection may combine a form used to obtain informed consent for HIV testing with forms used to obtain written co nsent for general medical care or any other medical test or procedure, provided that the forms make it clear t hat the subject may consent to general medical care , tests, or procedures without being required to consent t o HIV testing, and clearly explain how the subject ma y decline HIV testing. Health facility clerical staff or other staff responsible for the consent form for general medical care may obtain consent for HIV testing through a ge neral consent form. (r) "Limited data set" has the meaning ascribed to it u nder HIPAA, as described in 45 CFR 164.514(e)(2). (s) "Minimum necessary" means the HIPAA standard f or using, disclosing, and requesting protected health informati on found in 45 CFR 164.502(b) and 164.514(d).

(s-1) "Opt-in testing" means an approach where an HIV test is presented by offering the test and the patient accept s or declines testing. (s-3) "Opt-out testing" means an approach where an HIV test is pres ented such that a patient is notified that HIV testing may occur unless the patient declines. (t) "Or ganized health care arrangement" has the meaning ascribed t o it under HIPAA, as specified in 45 CFR 160.103. (u) "Patient safety activities" has the meaning ascrib ed to it under 42 CFR 3.20. (v) "Payment" h as the meaning ascribed to it under HIPAA, as specified in 45 CFR 164.501. (w) "Person" includes an y natural person, partnership, association, joint venture, trust, governmental ent ity, public or private corporation, health facility, o r other legal entity. (w-5) "Pre-test i nformation" means: (1) a reasonable explanation of the test, including its purpos e, potential uses, limitations, and the meaning of its results ; and (2) a reasonable explanation o f the procedures to be followed, including the voluntary natu re of the test, the availability of a qualified person to answer questions, the right to withdraw consen t to the testing process at any time, the right to anonymit y to the extent provided by law with respect to participation in t he test and disclosure of test results, and the right to confidential treatment of information identifying the subject of the test and the results of the test, to the extent provided by law. Pre-test informatio n may be provided in writing, verbally, or by video, elect ronic, or other means and may be provided as desig nated by the supervising health care professional or th e health facility. For the purposes of this d efinition, a qualified person to answer questions is a h ealth care professional or , when acting under the supervision of a health care professional, a register ed nurse, medical assistant, or other person determined to be sufficiently knowledgeable about HIV testing, its purp ose, potential uses, limitations, the meaning of the test results, and the testing procedures in the profess ional judgment of a supervising health care professional o r as designated by a health care facility.

(x) "Protected health information" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103 . (y) "Research" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 164.50 1. (z) "State agency" means an instrum entality of the State of Illinois and any instrumentality of another state that, pu rsuant to applicable law or a written undertaking with an instrum entality of the State of Illinois, is bound to protect the priv acy of HIV-related information of Illinois persons. (aa) "Test" or "HIV test" means a test to determine the presence of the antibod y or antigen to HIV, or of HIV infection. (bb ) "Treatment" has the meaning ascribed to it under HIPA A, as specified in 45 CFR 164.501.

(cc) "Use" has the meaning ascribed to it under HIPAA, as speci fied in 45 CFR 160.103, where context dictates. (Source: P.A. 103-508, eff. 8-4-23; revis ed 7-19-24.) Section 935. The Genetic Information Privacy Act is amended by changing Section 10 as f ollows: (410 ILCS 513/10) Sec. 10. Definitions. As used in this Act: "Busi ness associate" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103. "Covered entity" has the meaning ascr ibed to it under HIPAA, as specified in 45 CFR 160.103. "De-identified information" me ans health information that i s not individually identifiable as described under HIP AA, as specified in 45 CFR 164.514(b). "Disclosure" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103. "Employer" means the State of Illinois, any unit of local government, and any board, commission, department, institution, or school district, any party to a public contract, any joint apprenticeship or training co mmittee within the State, and every other person employing employees wi thin the State. "Employment agency" means both public and private employment agencies and any person, labor organization, or labor union having a hiring hall or hiring office regularly undertaking, with or without compensation, to procure opportunities to work, or to procure, recruit, refer, or p lace employees. "Family member" means, w ith respect to an individual, (i) the spouse of the indiv idual; (ii) a dependent child of the individual, inclu ding a child who is born to or placed for adoption with t he individual; (iii) any other person qualifying as a covered de pendent under a managed care plan; and (iv) all other individu als related by blood or law to the individual or th e spouse or child described in subsections (i) through (i ii) of this definition. "Genetic information" has the meaning ascribed to it under HIPAA, a s specified in 45 CFR 160.103. "G enetic monitoring" means the periodic examination of em ployees to evaluate acquired modifications to their genet ic material, such as chromosomal damage or evidence of increa sed occurrence of mutations that may have developed in the course of employment due to exposure to toxic substances in the workplace in order to identify, evaluate, and respond to effects of or control adv erse environmental exposures in the workplace. "Genetic services" has the meaning ascribed to it un der HIPAA, as specified in 45 CFR 160.103. "Genetic testing" and "ge netic test" have the meaning ascribed to "genetic test" unde r HIPAA, as specified in 45 CFR 160.103. "Genetic testing" includes direct-to-consumer commercial ge netic testing. "Health care operations" ha s the meaning ascribed to it under HIPAA, as specified in 45 C FR 164.501. "Health care professional" means (i) a licensed physician, (ii) a licensed physician assistant, (iii) a licensed advanced practice registered nu rse, (iv) a licensed dentist, (v) a licensed pod iatric physician podiatrist, (vi) a licensed genetic counselor, or (vii) an indivi dual certified to provide genetic testing by a state or local public health department. "Health care provi der" has the meaning ascribed to it under HIPAA, as speci fied in 45 CFR 160.103. "Health facilit y" means a hospital, blood bank, blood center, sperm bank, or other health care institutio n, including any "health facility" as that term is defin ed in the Illinois Finance Authority Act. "Health information exchange" or "HIE" means a healt h information exchange or health information organization that exchanges health information electronically. In certain circumstanc es, in accordance with HIPAA, an HIE will be a business associate. "Health oversight agency" has the meaning ascribed to it under HIPAA, as specifie d in 45 CFR 164.501. "HIPAA" means the He alth Insurance Portability and Accountability Act of 1996, Publ ic Law 104-191, as amended by the Health Information Technology for Economic and Clinical Health Act of 2009, Public Law 111-05, and any subsequent amendments thereto and any regulations promulgated thereunder.

"Insurer" means (i) an entity that is subject to the jurisdi ction of the Director of Insurance and (ii) a managed care plan. "Labor organization" includes any organization, labor union, craft union, or any volunta ry unincorporated association designed to further the cause of the rights of union labor that is constituted for the purpose, in whole or in part, of collective bargai ning or of dealing with employers concerning grievance s, terms or conditions of employment, or apprenticeships or a pplications for apprenticeships, or of other mutual aid or protection in connection with employment, including app renticeships or applications for appre nticeships. "Licensing agency" means a board, commission, committee, council, department, or officers , except a judicial officer, in this State or any p olitical subdivision authorized to grant, deny, renew, revoke, suspe nd, annul, withdraw, or amend a license or certificate of re gistration. "Limited data set" has the meaning ascribed to it under HIPAA, as described in 45 CFR 164.514(e)(2). "Managed care plan" means a plan that establishes , operates, or maintains a network of health care providers t hat have entered into agreeme nts with the plan to provide health care services to e nrollees where the plan has the ultimate and direct contractual obligation to the enrollee to arrange for the p rovision of or pay for services through:

(1) organizational arrangements for ongoing qual ity assurance, utilization review programs, or dispute resolu tion; or (2) financial i ncentives for persons enrolled in the plan to use the particip ating providers and procedures covered by the plan. A managed ca re plan may be established or operated by any entity incl uding a licensed insurance company, hospital or medical servi ce plan, health maintenance organization, limited health service organization, preferred provider organization, third pa rty administrator, or an employer or employee organization. "Minimum necessary" means HIPAA's stan dard for using, disclosing, and requesting protected health info rmation found in 45 CFR 164.502(b) and 164.514(d). "Nontherapeutic purpose" means a purpose that is not intended to improve or preserve the life or health of the individual whom the information concerns. "Organized health care arrangement" has the meaning ascribe d to it under HIPAA, as specified in 45 CFR 160.103. "Pat ient safety activities" has the meaning ascribed to it und er 42 CFR 3.20. "Payment" has the meaning ascribed to it under HIPAA, as spec ified in 45 CFR 164.501. "Person" include s any natural person, partnership, association, joint v enture, trust, governmental entity, pub lic or private corporation, health facility, or other lega l entity. "Protected health information" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 164.103. "Research" has the meaning ascr ibed to it under HIPAA, as specified in 45 CFR 164.501 . "State agenc y" means an instrumentality of the State of Illinois a nd any instrumentality of another state which pursuant to appl icable law or a written undertaking with an instrumenta lity of the State of Illinois is bound to protect the privacy of genetic information of Illinois persons. "Treatment" has the meaning ascribed to it unde r HIPAA, as specified in 45 CFR 164.501. "Use" has the meaning ascribed to it under HIPAA, as specified in 45 C FR 160.103, where context dictates. (Source: P.A. 103-508, eff. 8-4-23; revised 7-19-24.)

Sect ion 940. The Illinois Food, Drug and Cosmeti c Act is amended by changing Section 3.22 as follows: (410

ILCS 620/3.22) (from Ch. 56 1/2, par. 503.22) Sec. 3.22.

(a) Whoeve r knowingly distributes, or possesses with intent to dis tribute, human growth hormone for any use in humans othe r than the treatment of a disease or other recognized medica l condition, where the use has been authorized by the Secreta ry of Health and Human Services and under the order of a physician, is gui lty of a Class 3 felony, and may be fined an amount not to exceed $50,000. As used in this Section, the ter m "human growth hormone" means somatrem, somatropin, or an analog analogue of either of them. (b) Whoever distributes, or possesses with intent to distribute, a synthetic drug product or a drug that is misbranded under this Act is guilty of a Class 2 fel ony and may be fined an amount not to exceed $100,000. A person convicted of a second or subsequent violation of this Section is guilty of a Class 1 felony, the fine for which shall not exceed $250,000.

(c) Whoever falsely advertises a synthetic drug product is guilty of a Class 3 felony and may be fin ed an amount not to exceed $100,000. (d) Whoever commits any offense set for th in this Section and the offense involves an individual under 18 years of age is punishable by not more than 10 yea rs imprisonment, and twice the fine authorized above. Any conviction for a violation of this Section shall be cons idered a violation of the Illinois Controlled Substances Act fo r the purposes of forfeiture under Section 505 of such Act. (e) Any person convicted under this Section i s subject to the forfeiture provisions set forth in subsections (c), (d), (e), (f), (g), (h), and (i) of Section 3.2 3 of this Act. (Source: P.A. 97- 872, eff. 7-31-12; revised 7-19-24.) Section 945. The Food Handling Regulation Enforceme nt Act is amended by changing Section 4 as follows: (410 ILCS 6

25/4) Sec. 4. Cottage food operation.

(a) For the purpose of this Section: A f ood is "acidified" if: (i) acid or acid ingredients are added to it to produce a final equilibrium pH of 4.6 or below and a water activity greater than 0.85; or (ii) it is fermented t o produce a final equilibrium pH of 4.6 or below.

"Canned food" means food that has bee n heat processed sufficiently under United States Departme nt of Agriculture guidelines to enable storing the food at no rmal home temperatures. "Cottage food operation" mean s an operation conducted by a person who produces or packages food or drink, other than foods and drinks listed as prohibited in paragraph (1.5) of subsection (b) of this Section, in a kitchen loc ated in that person's primary domestic residence or another appropriately des igned and equipped kitchen on a farm for direct sale by the owner, a family member, or an employee. "Cut leafy greens" means fresh leafy greens whose leaves have been cut, shredded, sliced, chopped, or torn. "Cut leafy greens" does not mean cut-to-ha rvest leafy greens. "Department" mea ns the Department of Public Health. "Emp loyee" means a person who is employed by and receives monetary compensation from a cottage food operator. " Equilibrium pH" means the final potential of hydrogen measured in an a cidified food after all the components of the food hav e achieved the same acidity. "Farmers' m arket" means a common facility or area where farmers gather to sell a variety of fresh fruits and vegetables and other locally produced farm and food products directly to consumers. "L eafy greens" includes iceberg lettuce; romaine lettuce; leaf lettuce; butter lettuce; baby leaf lettuce, such as immature lettuce or leafy greens; escarole; endive; spring mix; spina ch; cabbage; kale; arugula; and chard. "Leafy greens" does not include microgreens or herbs such as cilantro or parsley.

"Local health department" means a State-certified h ealth department of a unit of local government in which a cott age food operation is located or, if the cottage food operation is located in a co unty that does not have a local health department, is registered. "Local public health department association" means an association solely representing 2 or more State-certifie d local health departments. "Low-acid canned food" means any canned food with a finished equi librium pH greater than 4.6 and a water activity greater than 0.85. "Microgreen" means an edi ble plant seedling grown in soil or substrate and har vested above the soil or substrate line. " Mobile farmers markets" means a farmers ma rket that is operated from a movable motor drive or propel led vehicle or trailer that can change location, includin g a farmers market that is owned and operated by a farmer o r a third party selling products on behalf of farmers or cottage food operations with the intent of a direct sale to an end consumer. "Sprout" means any seedling intended for human consumption t hat was produced in a manner that does not meet the definiti on of microgreen. "Time/temperature control for safety food" means a food that is stored under tim e or temperature control for food safety acco rding to the Department's administrative rules. (b) A cottage food operation may produce homemade f ood and drink provided that all of the follo wing conditions are met: (1) (Blank). (1.3) A cott age food operation must register with the local health department for the unit of local governme nt in which it is located, but may sell products outside of the unit of local go vernment where the cottage food operation is located. If a county does not have a local health department, the count y shall enter into an agreement or contract with a local heal th department in an adjacent county to register cottage food ope rations in the jurisdiction of the county that does not have a health department. The adjacent local health department where the cottage food operation registers has the powers described i n subsection (d). A copy of the certificate of registration must be available upon request by any local health department. (1.5) A cottage food operation shall not sell or offe r to sell the following food items or processed foods containing the following food items, except as indicated: (A) meat, poultry, fish, seafood, or shellfish; (B) dairy, except as an ingredien t in a baked good or candy that is not a time/temperature co ntrol for safety food, such as caramel, subject to paragr aph (4), or as an ingredient in a baked good frosting, su ch as buttercream; (C) eggs, except as an ingredient in a food that is not a time/temperature control for safety food , including dry noodles, or as an ingredient in a baked goo d frosting, such as buttercream, if the eggs are not raw; (D) pumpkin pie s, sweet potato pies, cheesecakes, custard pies, creme pies , and pastries with time/temperature control for safety fo ods that are fillings or toppings; (E) garlic in oil or oil infu sed with garlic, except if the garlic oil is acid ified; (F) low-acid canned foods; (G) sprouts; (H) cut leafy greens, ex cept for cut leafy greens that are dehydrated, acidified, or blanched and frozen; (I) cut or pureed fresh tomat o or melon; (J) dehydrated tomato or melon; (K) frozen cut melon; (L) wild- harvested, non-cultivated mushrooms; (M) alcoholic beverages; or (N) kombucha.

(1.6) In order to sell canned tomatoes or a canned pr oduct containing tomatoes, a cottage food operator shall eithe r: (A) follow exactly a recipe that has been tested b y the United States Department of Agriculture or by a state cooperative extension located in this State or an y other state in the United States; or

(B) submit the recipe, at the cottage food operator's expense, to a commercial laboratory according to the commercia l laboratory's directions to test that the product has been ad equately acidified; use only the varietal or pro portionate varietals of tomato includ ed in the tested recipe for all subsequent batches of such recipe; and provide doc umentation of the annual test results of the recipe submitted under this subparagraph upon registration and to an inspector upon request during any inspection authorized by subsection (d). (2) In ord er to sell a fermented or acidified food, a cottage food operation sh all either: (A) submit a recipe that has been tested by the United State s Department of Agriculture or a cooperative extension syst em located in this State or any other state in the United States; or (B) submit a written food safety plan for ea ch category of products for which the cottage food op erator uses the same procedures, such as pickles, kimchi, or hot sauce , and a pH test for a single product that is representa tive of that category; the written food safety plan shall be submitted annually upon registration and each pH test shall be submitted every 3 years; the fo od safety plan shall adhere to guidelines developed by the Department. (3) A fermented or acidified food shal l be packaged according to one of the following standar ds: (A) A f ermented or acidified food that is canned must be proce ssed in a boiling water bath in a Mason-style jar or g lass container with a tight-fitting lid. (B) A fermented or acidified food that is not canned shall be sold in any container that is new, c lean, and seals properly and must be stored, transported, and sold at or below 41 degrees. (4) In order to sell a baked good with che ese, a local health department may require a cottage food o peration to submit a recipe, at the cottage food operator's expense, to a commercial laboratory to v erify that it is not a time/temperature time-or-temperature control for safety food before allowing the cottage food operation to sell the baked good as a cottage food. ( 5) For a cottage food operation that does not utilize a municipal wat er supply, such as an operation using a private well, a lo cal health department may require a water sample test to verify that the w ater source being used meets public safety standards related to E. coli coliform. If a test is requested, it must be conducted at the cottage food operator' s expense. (6) A pe rson preparing or packaging a product as part of a cottage food operation must be a Department-approved certified food protection manager. (7) Food packaging must conform with the labeling r equirements of the Illinois Food, Drug and Cosmetic Act. A co ttage food product shall be prepackaged and the food packa ging shall be affixed with a prominent label that include s the following: (A) t he name of the cottage food operation and unit of local government in which the cottage food operation is located; (B) the identifying registration number provided by the local heal th department on the certificate of registration and the name of the municipality or county in which the registratio n was filed;

(C) the common or usual name of the food product;

(D) all ingredients of the food product, including any color, artificial flav or, and preservative, listed in descending order by predominance o f weight shown with the common or usual names; (E) the following phrase in prominen t lettering: "This product was produced in a home kitchen not in spected by a health department that may also process com mon food allergens. If you have safety concerns, contact y our local health department."; (F) the date the product was processed; and (G) alle rgen labeling as specified under federal labeling requireme nts. (8) Food p ackaging may include the designation "Illinois-grown", "Illinois-sourced", or "Illinois farm product " if the packaged product is a local farm or food pro duct as that term is defined in Section 5 of the Local Food, Farms, and Jobs Act. (9) I n the case of a product that is difficult to properly label or package, or for other reason s, the local health department of the location where the produc t is sold may grant permission to sell products that ar e not prepackaged, in which case other prominent wri tten notice shall be provided to the purchaser. (10) At the point of sale, notice must be provided in a prominent location that states t he following: "This product was produced in a home kitc hen not inspected by a health department that may al so process common food allergens." At a physical display, notice shal l be a placard. Online, notice shall be a message on the cottage food operation's onl ine sales interface at the point of sale. (11) Food and drink produced by a cot tage food operation shall be sold directly to consume rs for their own consumption and not for resale. Sales directly to c onsumers include, but are not limited to, sales at or thr ough: (A) farmers ' markets; (B) fairs, festivals, public events, or online; (C) pickup from the private ho me or farm of the cottage food operator, if the pickup is not prohibited by any law of the unit of local govern ment that applies equally to all cottage food operations; in a municipality with a population of 1,000,000 or more, a cotta ge food operator shall comply with any law of the municipality that applies equally to all home-based busine sses; (D) delive ry to the customer; (E) pickup from a third-party private property with the consent of the third-party propert y holder; and

(F) mobile farmers markets. (12) Only food that is no t a time/temperature time -or-temperature control for s afety food may be shipped. A cottage food product shall not be shipped out of State. Each cot tage food product that is shipped must be sealed in a manner th at reveals tampering, including, but not limited to, a sticker or pop top. (13) Alcohol may be used to make extra cts, such as vanilla extract, or may be used as an ingr edient in baked goods as long as the created product is not intended for use as a beverage. (14) Time/temperature control for safety foods shall be maintained and transported a t holding temperatures as set in the Department's administ rative rules to ensure the food's safety a nd limit microorganism growth or toxin formation. (15) A product assessment of pH and water activity may be used to show that a product is non-time or tem perature controlled for food safet y and does not require temperature control. (c) A local health department shall register any eligible cottage food operati on that meets the requirements of this Section and shall issue a certificate of registration with an identifying registration number to each registered cottage food operation. A local health department may establish a self-certification prog ram for cottage food operators to affirm compliance with applicable laws , rules, and regulations. Registration shall be completed annually and the local health department may impose a fee not to exceed $50. (d) In the event of a consumer complaint or foodborne i llness outbreak, upon notice from a different local health department, or if the Department or a local health depart ment has reason to believe that an imminent health hazard e xists or that a cottage food operation's product has b een found to be misbranded, adulterated, or not in compliance with the conditions for cottage food op erations set forth in this Section, the Department or the local health department may: (1) inspect the premises of the cottage f ood operation in question; (2) set a reasonable fee for the inspection; and

(3) invoke penalties and the cess ation of the sale of cottage food products until it deems t hat the situation has been addressed to the satisfaction o f the Department or local health department; if the situation i s not amenable to being addressed, the local health department may revoke the cottage food operation's registrati on following a process outlined by the local health department. (e) A local health department that receives a cons umer complaint or a report of foodborne illness related to a cottage food operator in another jurisdiction shall refer the complaint or report to the local health department where the c ottage food operator is registered. (f) By January 1, 2022, the Department, in collabo ration with local public health department associations a nd other stakeholder groups, shall write and issue administrative guidance to local healt h departments on the following: (1) development of a standard regis tration form, including, if applicable, a written food safety plan; (2) development of a Home-Certifica tion Self Checklist Form; (3) development of a standard inspection form and in spection procedures; and (4) procedures for cottage food operation workspa ces that include, but are not limited to, cleaning pr oducts, general sanitation, and requirements for functional equipment. (g ) A person who produces or packages a baked good that i s not a time/temperature control for safety food for sal e by a religious, charitable, or nonprofit organization for fu ndraising purposes is exempt from the requirements of this Se ction. (h) A home rule unit may not regulate cott age food operations in a manner inconsistent with the reg ulation by the State of cottage food operations under this Section. This Section is a limitation under subsection (i ) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised b y the State. (i) The Department may adopt rules as may be necessary to implement the provisions of this Section.(Source: P.A. 102-633, eff. 1-1-22; 103-903, eff. 1-1-25; revised 11-25-24.) Section 950. The Cannabis Regulation and Tax Act is a mended by changing Sections 7 -30, 10-45, 15-20, 15-36, 15- 70, and 20-15 as follows:

(410 ILCS 705/7-30) Sec . 7-30. Reportin g. By January 1, 2021, and on January 1 of every year thereafter, or upon request by the Illinois Cannabis Regulation Oversight Officer, each cannabis business establishment licensed under this Act and the Compassionat e Use of Medical Cannabis Program Act shall report to the Illi nois Cannabis Regulation Oversight Officer, on a form to be provided by the Illinois Cannabis Regulat ion Oversight Officer, information that will allow it to assess the extent of diversity in the medical and adult use cannabis industry and methods for reducing or eliminating any identified barriers to entry, including access to capital. Failure of a cannabis business establishment to respond to the request of the Cannabis Regulation Oversight Officer to complet e the form, report, and any other request for information may be grounds for disciplinary act ion by the Department of Financial and Professional Regulation or the Department of Agriculture. The informati on to be collected shall be designed to identify the following: (1) the number and percentage of licenses provided to Social Equity Applicants and to businesses owned by minorities, women, veterans, and people with disabiliti es; (2) the total number an d percentage of employees in the cannabis industry who meet the criteria in item (3)(i) or (3)(ii ) in the definition of Social Equity Applicant or who are min orities, women, veterans, or people with disabilities; (3) the total number and per centage of contractors and subcontractors in the cannabis in dustry that meet the definition of a Social Equity Appl icant or who are owned by minorities, women, veterans, or peo ple with disabilities, if known to the cannabis business esta blishment; and (4) reco mmendations on reducing or eliminating any identified barri ers to entry, including access to capital, in the cannabis indu stry.(Source: P.A. 101-27, eff. 6-2 5-19; 102-98, eff. 7-15-21; revised 7-19-24.) (410 ILCS 705/10-45) Sec. 10-45. Cannabis Equity Commission. (a) The Cannabis Equity Commiss ion is created and shall reflect the diversity of the State of Illinois, inclu ding geographic, racial, and ethnic diversity. The Cannabis Equity Commission shall be responsible for the foll owing: (1 ) Ensuring that equity goals in the Illinois cannabis industr y, as stated in Section 10-40, are met. (2) Tracking and analyzing min orities in the marketplace. (3) Ensuring that revenue is bei ng invested properly into R3 areas under Section 10-40. (4) Reco mmending changes to make the law more equitable to communit ies harmed the most by the war on drugs.

(5) Create standards to protect true social equity applica nts from predatory businesses. (b) The Cannabis Equity Commission's ex officio members shall, within 4 months after March 23, 2021 (th e effective date of Public Act 101-658) this amendatory Act of the 101st General Assembly, convene the Commission to appoint a full Cannabis Equity Commission and oversee, pr ovide guidance to, and develop an administrative structure for the Cannabis Equity Commission. The ex officio members are: (1) The Governor, or his or her desig nee, who shall serve as chair. (2) The Attorney General, or his or her designee. (3) The Director of Commerce and Economic Opportunity, or his or her designee. (4) The Director of Public Health, or his or her designee. (5) Th e Director of Corrections, or his or her designee. (6) T he Secretary Director of Financial and Professional Regulation, or hi s or her designee. (7 ) The Director of Agriculture, or his or her designee.

(8) The Executive Director of the Illinois Criminal Justice Information Authority, or his or her designee. (9) The Secretar y of Human Services, or his or her designee. (10) A member of the Senate, designate d by the President of the Senate. (11) A member of the House of Representatives, designated by the Speaker of the House of Representatives. (12) A member of the Senate, designated by the Minorit y Leader of the Senate. (1 3) A member of the House of Representatives, designat ed by the Minority Leader of the House of Representativ es. (c) Within 90 day s after the ex officio members convene, the following members shall be appointed to the Comm ission by the chair: (1) Four community-based provide rs or community development organization representatives who provide services to treat violence and address the social determinants of health, or promote community invest ment, including, but not limited to, services such as job placement and training, educational services, workforce development programming, and wealth building. No more than 2 community-based or ganization representatives shall work p rimarily in Cook County. At least one of the communit y-based providers shall have expertise in provid ing services to an immigrant population. (2) Two experts in the field of violence reduction. (3) One male who has previously been incarcerated and is over the age of 24 at the time of appointment. (4) O ne female who has previously been incarcerated and is over the age of 24 at the time of appointment. (5) Tw o individuals who have previously been incarcerated and are be tween the ages of 17 and 24 at the time of appointment. As used in this subsection (c), "an individual who has been previously incarcer ated" has the same meaning as defined in paragraph (2) of subsection (e) of Section 10-40.(Source: P.A. 101-658, eff. 3-23-21; revised 7-19-24.) (410 ILCS 705/15-

20) S ec. 15-20. Early Approval Adult Use Dispensing Organization License ; secondary site. (a) Any medical cannab is dispensing organization holding a valid registration under the Compassionate Use of Medical Cannabis Program Act as of the effective date of thi s Act may, within 60 days of the effective date of this Act, apply to the Depar tment for an Early Approval Adult Use Dispensing Organizat ion License to operate a dispensing organization to serve purchasers at a secondary site not within 1,500 feet of another medical cann abis dispensing organization or adult use dispensing organ ization. The Early Approval Adult Use D ispensing Organization secondary site shall be within a ny BLS Region that shares territory with the dispensing organi zation district to which the medical cannabis dispensing organization is assigned under the administrative rules for dispensing organizations under the Compassionate Use of Medical Cannabis Program Act. (a-5) If, within 360 days of the effective date of this Act, a dispensin g organization is unable to find a location within the BLS Regions prescribed in su bsection (a) of this Section in which to operate an Early Approval Adult U se Dispensing Organization at a secondary site because no j urisdiction within the prescribed area allows the operatio n of an Adult Use Cannabis Dispensing Organization, the Department of Financial and Professional Regu lation may waive the geographic restrictions of subsec tion (a) of this Section and specify another BLS Region into which the dispensary may be placed. (b) (Bla nk). (c) A medical cannabis dispensing orga nization seeking issuance of an Early Approval Adult U se Dispensing Organization License at a secondary site to serve purchasers at a secondary site as prescribed in subsection (a ) of this Section shall submit an application on forms provided by the Department. The application must meet or include t he following qualifications: (1) a payment of a nonrefunda ble application fee of $30,000; (2) proof of registration as a medical cannabis dispens ing organization that is in good standing; (3) submission of the application by t he same person or entity that holds the medical cannabi s dispensing organization registration; (4) the legal name of the medical cannabis dispensing organizatio n; (5) the physical address of the medical cannabis dispensing organization and the propo sed physical address of the secondary site; (6) a copy of the current local zoning ord inance Sections relevant to dispensary operations and d ocumentation of the approval, the conditional appro val or the status of a request for zoning approval from the l ocal zoning office that the proposed dispensary location is in compliance with the local zoning rules; (7) a plot plan of the dispensary drawn to sca le. The applicant shall submit general specif ications of the building exterior and interior layout; (8) a statement that the dispensing organization agrees to r espond to the Department's supplemental requests for information; (9) for the building or land to be us ed as the proposed dispensary: (A) if the property is not owned by t he applicant, a written statement from the property owner an d landlord, if any, certifying consent that the applicant may operate a dispensary on the premises ; or (B) if the p roperty is owned by the applicant, confirmation of ow nership; (10) a copy of the proposed operating bylaws; (11) a copy of the proposed business plan that complies with the requirements in this Act, incl uding, at a minimum, the following: (A) a description of services to be offered; and (B) a description o f the process of dispensing cannabis; (12) a copy of the proposed security plan that c omplies with the requirements in this Article, includin g: (A) a d escription of the delivery process by which cannabis wi ll be received from a transporting organization, including rec eipt of manifests and protocols that will be used to avoid diversion, theft, or loss at the dispensary a cceptance point; and (B) the process or controls that will be implemented to monitor the dispensary, secure the premises, agents, patient s, and currency, and prevent the diversion, theft, or loss of cannabis; and (C) the process to ensure that access to the restricted access areas is restri cted to, registered agents, service professionals, tr ansporting organization agents, Department inspectors, and security personnel; (13) a proposed inventory control plan that complies with this Section; (14) the name, address, social security nu mber, and date of birth of each princip al officer and board member of the dispensing organiz ation; each of those individuals shall be at least 21 years of age; (15) a nonrefundable Cannabis Business Developm ent Fee equal to $200,000, to be deposited int o the Cannabis Business Development Fund; and (16) a commitment to co mpleting one of the following Social Equity Inclusion Plans in subsection (d) . (d) Before receiving an Early App roval Adult Use Dispensing Organization License at a secondary site, a dispensing organization shall ind icate the Social Equity Inclusion Plan that the applicant plans to achieve be fore the expiration of the Early Approval Adult Use Dispe nsing Organization License from the list below: (1) make a con tribution of 3% of total sales from June 1, 2018 to June 1, 2019, or $100,000, whichever is less, to the Cannabis Business Development Fund. This is in addi tion to the fee required by paragraph (16) of su bsection (c) of this Section; (2) make a grant of 3% of total sales from June 1, 2018 to June 1, 2019, or $100,000, whichever is less, to a cannabis industry training or education program at an Illinois community college as defined in the Public Community College Act; (3) make a do nation of $100,000 or more to a program that provides job tr aining services to persons recently incarcerated or that op erates in a Disproportionately Impacted Area; (4) participate as a host in a cann abis business establishment incubator program approved by the Department of Commerce and Economic Opportunity, a nd in which an Early Approval Adult Use Dispensing Organizatio n License at a secondary site holder agrees to provide a loan of at least $100,000 and mentorship to incubate, for at least a year, a Social Equity Applicant intending to seek a license or a licensee that qualifies as a Social Equity Applicant. I n this paragraph (4), "incubate" means providing di rect financial assistance and training necessary t o engage in licensed cannabis industry activity similar to th at of the host licensee. The Early Approval Adult Use Dispensi ng Organization License holder or the same entity hold ing any other licenses issued under this Act shall not take an ownership stake of greater than 10% in any business receiving incubation services to comply wit h this subsection. If an Early Approval Adult Use Dispensin g Organization License at a secondary site holder fails to find a business to incubate in order to comply with this subsection before its Early Approval A dult Use Dispensing Organization License at a secondary site expires, it may opt to meet the requirement of this s ubsection by completing another item from this subsect ion before the expiration of its Early Approval Adult Use Dispensing Organization License at a secondary site to av oid a penalty; or (5) p articipate in a sponsorship program for at least 2 y ears approved by the Department of Commerce and Economic Opportunity in which an Early Approval Adult Use D ispensing Organization License at a secondary site holder agrees to provide an interest-free loan of at least $200,000 to a Social Equity Applicant. The sponsor shall not take an ownership stake of greater than 10% in any business receiving sponsorship services to comply wi th this subsection. (e) The license fee required by paragraph (1) of subsection (c) of this Sect ion is in addition to any license fee required for th e renewal of a registered medical cannabis dispensing organ ization license. (f) Applicants must submit all required information, including the requiremen ts in subsection (c) of this Section, to the Departm ent. Failure by an applicant to submit all required information may result in the application being disqualifie d. Principal officers shall not be required to submit to the fingerprint and background check requirements of Section 5-20. (g) If the Department receives an application that fails to provide th e required elements contained in subsection (c), th e Department shall issue a deficiency notice to the applic ant. The applicant shall have 10 calendar days from the dat e of the deficiency notice to submit complete information. Applications that are still incomplete after this opport unity to cure may be disqualified. (h ) Once all required information and documents have been submitted, the Department will rev iew the application. The Department may request r evisions and retains final approval over dispensary features. Once the application is complete and meets the Department's a pproval, the Department shall conditionally approve the license. Final approval is contingent on the buil d-out and Department inspection. (i) U pon submission of the Early Approval Adult Use Dispensing Organization at a secondary site application, the applic ant shall request an inspection and the Department may ins pect the Early Approval Adult Use Dispensing Organization's sec ondary site to confirm compliance with the application and this Act. (j) The Department shall only issue an Early Approval Adult Use Dispen sing Organization License at a secondary site after th e completion of a successful inspection. (k) If an applicant passes the inspection under this Section, the Department shall issue the Early Approval Adult Use Dispensin g Organization License at a secondary site with in 10 business days unless: (1) the The licensee, any principal officer or board member of the lic ensee, or any person having a financial or voting interest of 5 % or greater in the licensee is delinquent in filing a ny required tax returns or paying any amounts owed to the State of Illinois; or (2) the The Secretary of Financial and Professional Regulation determines there is rea son, based on documented compliance violations, the licensee is not entitled to an Early Approval Adult Use Dispensing Organ ization License at its secondary site. (l) O nce the Department has issue d a license, the dispensing organization shall notify the Department of the proposed opening date. (m) A registered medical cannabis dispensing organization that ob tains an Early Approval Adult Use Dispensing Organiza tion License at a secondary site may begin selling cannabis, cannabis-infused products, paraphernalia, and related ite ms to purchasers under the rules of this Act no sooner than January 1, 2020. (n) If there is a shortage of cannabis or cannabis-infus ed products, a dispensing organization holding both a dis pensing organization license under the Compassionate Us e of Medical Cannabis Program Act and this Article shall prioritize serving qualifying patients and caregivers before serving purch asers. (o) An Early Approval Adult Use Dispensing Organization License at a secondar y site is valid until March 31, 2021. A dispensing organiza tion that obtains an Early Approval Adult Use Dispensing O rganization License at a secondary site shall receive wri tten or electronic notice 90 days before the expiration of the license that the license wil l expire, and inform the license holder that it may renew i ts Early Approval Adult Use Dispensing Org anization License at a secondary site. The Department shal l renew an Early Approval Adult Use Dispensing Organ ization License at a secondary site within 60 days of submi ssion of the renewal application being deemed complete if: (1) the dispensing organiza tion submits an application and the required no nrefundable renewal fee of $30,000, to be deposited into the Cann abis Regulation Fund; (2) t he Department has not suspended or permanently revoked the E arly Approval Adult Use Dispensing Organization License or a me dical cannabis dispensing organization license held by the same person or entity for violating this Act or rules adopted under this Act or the Compassionate Use of Medical Cannabis Program Act or r ules adopted under that Act; and (3) the dispensing organization has completed a Social Equity Inclusion Plan provided by paragraph (1), (2), or (3) of subsection (d) of this Section or has made substanti al progress toward completing a Social Equity Inclusion Plan pr ovided by paragraph (4) or (5) of subsection (d) of this Sectio n. (p) The Early Approval Adult Use Dispensing Organization Licensee at a secondary site renewed p ursuant to subsection (o) shall receive written or electron ic notice 90 days before the expiration of the license that the license will expire, and that informs t he license holder that it may apply for an Adult Use Dispe nsing Organization License on forms provided by the Department. The Departmen t shall grant an Adult Use Dispensing Organization License within 60 days of an application being deemed c omplete if the applicant has meet all of the criteria in Section 15-36. (q) If a dispensi ng organization fails to submit an application for renewal of an Early Approval Adult Use Dispensing Organization Lic ense or for an Adult Use Dispensing Organization License before the expiration dates provided in subsections (o) and ( p) of this Section, the dispensing organization shall cea se serving purchasers until it receives a renewal or an Adult Use Dispensing Organization License.

(r) A dispensing organization agent who holds a valid dispensing organization agent identi fication card issued under the Compassionate Use of Medic al Cannabis Program Act and is an officer, director, manager , or employee of the dispensing organization licensed under th is Section may engage in all activities authorized by this A rticle to be performed by a dispensing organization agent. (s) If the Department suspends, permanently rev okes, or otherwise disciplines the Early Approval Adult Use Dispensing Organization License of a dispensing o rganization that also holds a medical cannabis dispensing or ganization license issued under the Compassionate Use of Medic al Cannabis Program Act, the Department may consider the suspension, permanent revocation, or other discipl ine as grounds to take disciplinary action against the medical cannabis dispensing organization. (t) All f ees collected pursuant to this Section shall be deposite d into the Cannabis Regulation Fund, unless otherwise specifie d. (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; revised 7-19 -24.) (410 ILCS 705/15-36) Sec. 15-36. Adult Use Dispensing Organization License. (a) A person is only eli gible to receive an Adult Use Dispensing Organiza tion License if the person has been a warded a Conditional Adult Use Dispensing Organization License pursuant to this Act or has renewed its license pursuant to subsection (k) of Section 15-15 or subsection (p) of Section 15-20. (b) The Department s hall not issue an Adult Use Dispensing Organization License until: (1) the Department has inspected the dispensary site and proposed op erations and verified that they are in compliance with this Act and local zoning laws; (2) the Conditional Adult Use Dispensing Organization L icense holder has paid a license fee of $60,000 or a prorated amount accounting for the differe nce of time between when the Adult Use Dispensing Organization License is issued and March 31 of the next even-numbered year; and

(3) the Conditional Adult Use Dispensing Organization License holder has met all the requirements in this Act and rules. (c) No person or entity shall hold any le gal, equitable, ownership, or beneficial interest, directly or indirectly, of more than 10 dispensing organizations licensed under this Ar ticle. Further, no person or entity that is: (1) employed by, is an agent of, or participate s in the management of a dispens ing organization or registered medical cannabis dispensing organization; (2) a pr incipal officer of a dispensing organization or registered medical cannabis dispensing organization; or (3) an entity controlled by or affiliated with a pr incipal officer of a dispensing organization or registered m edical cannabis dispensing organization;s hall hold any legal, equitable, ownership, or benefici al interest, directly or indirectly, in a dispensing organi zation that would result in such person or entity owning or participating in the management of more than 10 Early Approval Adult Use Dispensing Organizati on Licenses, Early Approval Adult Use Dispensing Organiz ation Licenses at a secondary site, Conditional Adult Use Dispensing Organization Lice nses, or Adult Use Dispensing Organization Licenses. For the p urpose of this subsection, participating in management may include, without limitation, controlling decisions regarding staffing, pric ing, purchasing, marketing, store design, hiring, and webs ite design. (d) The Department shall den y an application if granting that application would result in a person or entity obtaining direct or indirect financial interest i n more than 10 Early Approval Adult Use Dispensing Organization Licenses, Conditional Ad ult Use Dispensing Organization Licenses, Adult Use Dis pensing Organization Licenses, or any combination thereof. If a person or entity is awarded a Conditional Adult Use Dispensing Organization License that would cause the pers on or entity to be in violation of this subsection, he, she, or it shall choose which license application it wants t o abandon and such licenses shall become available to the next qualified applicant in the region in which the abandoned li cense was awarded.(Source: P.A. 101-2 7, eff. 6-25-19; 101-593, eff. 12-4-19; revised 7-19-24.) (410 ILCS 705/15-70) Sec. 15 -70. Operational requir ements; prohibitions. (a) A dispensing organization sha ll operate in accordance with the representations made in its application and license materials. It shall be in compliance with this Act and rules. (b) A dis pensing organization must include the legal name of the dispen sary on the packaging of any cannabis product it sells. (c) All cannabis, cannabis-infused prod ucts, and cannabis seeds must be obtained from an Illinoi s registered adult use cultivation center, craft grower, inf user, or another dispensary. (d) Dispensing organizations are prohibited from selling any product contain ing alcohol except tinctures, which must be limited to co ntainers that are no larger than 10 0 milliliters. (e) A dispensing organization shall inspect and count product received from a transporting organization, adult use cultivation center, craft grower , infuser organization, or other dispensing organization before dispensing it. (f) A dispensing organization may only accept cannabis deliveries into a restricted access area. Deliveries may not be accepted through the public or limited access areas unless otherwise approved by the Department. (g) A dispensing organization shall maintain compliance with State and local building, fire, and zoning requirements or regulations. (h) A dispensing organization shall submit a l ist to the Department of the names of all service professionals that will work at the dis pensary. The list shall include a description of the type of business or service provided. Changes to the service p rofessional list shall be prom ptly provided. No service professional shall work in the dispensary until the name is provided to the Department on the service professional list. (i) A dispensing organization's lice nse allows for a dispensary to be operated only at a s ingle location. (j) A dispensary may operat e between 6 a.m. and 10 p.m. local time.

(k) A dispensing organization must keep all lighting outside and insid e the dispensary in good working order and wattage suff icient for security cameras. (l) A dispensi ng organization must keep all air treatment systems that will be installed to reduce odors in good working order. (m) A dispensing organization must contrac t with a private security contractor that is licensed under S ection 10-5 of the Private D etective, Private Alarm, Private Security, Fingerprint Ve ndor, and Locksmith Act of 2004 to provide on-site securi ty at all hours of the dispensary's operation. (n) A dispensing organization shall ensure that any buil ding or equipment used by a dispensing organization for t he storage or sale of cannabis is maintained in a clean and sanitary condition. (o) The dispensary shall be free from infestation by insects, rodents, or pests. (p) A dispensing organization shall not: (1) Produce or manufacture cannabis; (2) Accept a cannabis product from an adult use cultivation cente r, craft grower, infuser, dispensing organization, or transp orting organization unless it is pre-packaged and lab eled in accordance with this Act and any rules that may be adopted pursuant to this Act; (3) Obtain cannabis or cannabis-infused products from outside the State of Illinois; (4) Sell cannabis or can nabis-infused products to a purchaser unless t he dispensing organization is licensed under the Compassi onate Use of Medical Cannabis Program Act, and the individual is registered under the Compassionate Use of Medical Cannabis Program or th e purchaser has been verified to be 21 years of age or older ; (5) Enter into an exclus ive agreement with any adult use culti vation center, craft grower, or infuser. Dispensaries shall provide consumers an assortment of prod ucts from various cannabis business establishment licensees such that the inventory available for sale at any dispensary from any single culti vation center, craft grower, processor, transporter, o r infuser entity shall not be more than 40% of the tot al inventory available for sale. For the purpose of this subsection, a cultivation center, craft grower, processor, or infuser shall be considered part of the same entity if the licensees share at lea st one principal officer. The Department may request that a dispen sary diversify its products as needed or otherwise disciplin e a dispensing organization for violating this requirement; (6) Refuse to conduct busi ness with an adult use cultivation center, craft grower, transporting organization, or infuser that has the ability to properly deliver the product and is pe rmitted by the Department of Agriculture, on the same terms as other adult use cultivatio n centers, craft growers, infusers, or transporters with wh om it is dealing; (7) Operate drive-through windows; (8) Allow for the dispensing of cannabis or cannabis-infused products in vendin g machines; (9) Transp ort cannabis to residences or other locations where purc hasers may be for delivery; (10) Enter into agreements to allow persons who are not dispensing organization agents to deliver cannab is or to transport cannabis to purchasers; (11) Operate a dispensary if its video surveillance equipment is inoperative; (12) Operate a dispensary if th e point-of-sale equipment is inoperative; (13) Operate a dispensa ry if the State's cannabis electronic verificat ion system is inoperative; (14) Have fewer than 2 people working at the dispensar y at any time while the dispensary is open;

(15) Be located with in 1,500 feet of the property line of a pre-existing dispensi ng organization, unless the applicant is a Social Equity Applicant or Social Equity Justice Involved Applicant located or seek ing to locate within 1,500 feet of a dispensing organization licensed under Sectio n 15-15 or Section 15-20; (16) Sell clones or any other live plant material; (17) Sell cannabis, cannabis concentrate, or cannabis-infused products in combin ation or bundled with each other or any other items for one price, and each item of cannabis, concentrate, or cannabis-infused product must be separately identified by quant ity and price on the receipt;

(18) Violate any other requirements or prohibitions set by Department rules. (q) I t is unlawful for any person having an Early Approval Adult Use Cannabis Dispensing Organization Licen se, a Conditional Adult Use Cannabis Dispensing Organizat ion License, an Adult Use Dispensing Organ ization License, or a medical cannabis dispensing organizati on license issued under the Compassionate Use of Medical Cannabis Program Act or any officer, associate, member, representative, or agent of such licensee to accept, re ceive, or borrow money or anything else of value or accept or receive credit (o ther than merchandising credit in the ordinary course of business for a period not to exceed 30 days) directly or indirectly from any adu lt use cultivation center, craft grower, infuser, or transporti ng organization in exchange for preferential placement on t he dispensing organization's shelves, display cases, or website. This includes anything received or borrowed or from an y stockholders, officers, agents, or p ersons connected with an adult use cultivation center, cra ft grower, infuser, or transporting organization. (r) It is unlawful for any person having an Early Approval Adult Use Cannabis Dispensing Organization License, a Conditional Adult Use Cannabis Dispensi ng Organization License, an Adult Use Dispensing Or ganization License, or a medical cannabis dispensing organizat ion license issued under the Compassionate Use of Medical Can nabis Program to enter into any contract with any person lice nsed to cultivate, process, or transport cannabis whereby such dispensing organization agrees not to sell any cannabis cultiv ated, processed, transported, manufactured, or distributed by any other cultivator, transporter, or infuser, and any pro vision in any contract violative of this Section shall rend er the whole of such contract void and no action shall be b rought thereon in any court.(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 1 2-4-19; 102-98, eff. 7-15-21; r evised 7-23-24.)

(410 ILCS 705/20-15) S ec. 20-15. Conditional Adult Use Cultivation Center application. (a) If the Department of Agricul ture makes available additional cultivation center licenses pursuant t o Section 20-5, applicants for a Conditional Adult Use C ultivation Center License shall electronically submit the f ollowing in such form as the Department of Agriculture ma y direct: (1) the no nrefundable application fee set by rule by the Department of Agriculture, to be deposited into the Cannabis Regulatio n Fund; (2) the legal name of the cultivation center; (3) the proposed physical address of the cultivation ce nter; (4) the name, address, social security number, and date of birth of each principal officer and board member of the cultivation center; each principal officer and board member shall be at least 21 years of age; (5) the details of any administrative or judicial procee ding in which any of the principal officers or board members of the cultivation center ( i) pled guilty, were convicted, were fined, or ha d a registration or license suspended or revoked, or (ii) managed or served on the board of a business or non-profit organization that pled guilty, was convicted, was fi ned, or had a registration or license suspended or revoked; (6) proposed operating bylaws that include proced ures for the oversight of the cultivation center, including the development and implementation of a plant monitorin g system, accurate recordkeeping, staffing plan, and se curity plan approved by the Illinois State Police that are in accordance with the rules issued by the Department of Agriculture under this A ct. A physical inventory shall be per formed of all plants and cannabis on a weekly basis by th e cultivation center;

(7) verification from the Illinois State Police that a ll background checks of the prospective principal officers, board members, an d agents of the cannabis business establishment have bee n conducted; (8) a copy of the current local zoning ordinance or permit and veri fication that the proposed cultivation center is in comp liance with the local zoning rules and distance limitat ions established by the local jurisdiction; (9) proposed employment practices, in which the applicant must demonstrate a plan of action to inform, hire, and educate minorities, women, veterans, and persons with disabilities, engage in fair labor practices, and prov ide worker protections;

(10) whether an applicant can demonstrate exp erience in or business practices that promote economic em powerment in Disproportionately Impacted Areas; (11) experience with the cultivat ion of agricultural or horticultural products, operating a n agriculturally related business, or operating a hortic ultural business; (12) a description of the enclosed, locked facility where cannabis will be grown, harvested, manufactured, pr ocessed, packaged, or otherwise prepared for distribution to a dispensing organization; (13) a s urvey of the enclosed, locked facility, including the space used for cultivation; (14) cultivation, processing, inventory , and packaging plans; (15) a description of the applicant's e xperience with agricultural cultivation techniques and industry standards; (16) a list of any academic degrees, certifications, or rel evant experience of all prospective principal officers, b oard members, and agents of the related business; (17) the identity of every person having a financial or voting interest of 5% or greater in the cult ivation center operation with respect to which the license is sought, whether a trust, corporation, partnership, l imited liability company, or sole proprietorship, including the name and address of ea ch person; (18) a plan describing how the cultivation center will address each of the following: (i) energy needs, including estimates of monthly electricit y and gas usage, to what extent it will procure energy from a local utility or from on-site generation, and if it has o r will adopt a sustainable energy use and energy conservation policy; (ii) water needs, including estimated water dr aw and if it has or will adopt a sustainable wate r use and water conservation policy; and

(iii) waste manag ement, including if it has or will adopt a waste red uction policy;

(19) a diversity plan that includes a n arrative of not more than 2,500 words that establishes a go al of diversity in ownership, management, employment, a nd contracting to ensure that diverse participants and groups are afforded equality of opportunity; (20) any other information required by rule; (21) a recycling plan: (A) Purchaser packaging, including cartridges, shall be accepted by the ap plicant and recycled. (B) Any recyclable waste generated by the cannab is cultivation facility shall be recycled per applicable S tate and local laws, ordinances, and rules. (C) Any cannabis waste, liquid waste, or hazardous waste shall be disposed of in accordance with 8 Ill . Adm. Code 1000.460, except, to the greatest extent fea sible, all cannabis plant waste will be rendered unusable by grinding and incorporating the cannabis plant waste with c ompostable mixed waste to be disposed of in accordance with 8 Ill. Adm. Code 1000.460(g)(1);

(22) commitment to comply with local waste provisions: a cu ltivation facility must remain in compliance with applica ble State and federal environmental requirements, includi ng, but not limited to: (A) storing, securing, and managing all recyclables and waste, includ ing organic waste composed of or containing finished canna bis and cannabis products, in accordance with applicable St ate and local laws, ordinances, and rules; and (B) disposing liquid waste containing cannabis or byp roducts of cannabis processing in compliance with all applicable State and federal requirements, including, but not limited to, the cannabis cultivation facility's permits under Title X of th e Environmental Protection Act; and (23) a commitment to a technology standard for resource efficiency of the cultivation center facility. (A) A cannabis cultivation facility comm its to use resources efficiently, including ener gy and water. For the following, a cannabis c ultivation facility commits to meet or exceed the technology standard identified in items (i), (ii), (iii), and (iv ), which may be modified by rule:

(i) lighting systems, including ligh t bulbs; (ii) HVAC system; (iii) water application sy stem to the crop; and (iv) filtration system for removing contaminants from wast ewater. (B) Lighting. The Lighting Power Densities (LPD) for cultivation s pace commits to not exceed an average of 36 wat ts per gross square foot of active and growi ng space canopy, or all installed lighting technolog y shall meet a photosynthetic photon efficacy (PPE) of no less than 2.2 micromoles per joule fixture and shall be fe atured on the DesignLights Consortium (DLC) Horticultural Specification Qualified Pro ducts List (QPL). In the event that DLC requirement for minimum efficacy exceeds 2.2 micromoles per joule fixture, tha t PPE shall become the new standard. (C) HVAC. (i) For cannabis grow o perations with less than 6,000 square feet of c anopy, the licensee commits that all HVAC units will be high-efficiency ductless split HVAC units, or other more energy efficient equipment. (ii) For cannabis grow o perations with 6,000 square feet of canopy or more, the licensee commits that all HVAC units will be variable refrigerant flow HVAC units, or othe r more energy efficient equipment. (D) Water application. (i) The cannabis cultivati on facility commits to use automated watering syste ms, including, but not limited to, drip irrigation an d flood tables, to irrigate cannabis crop. (ii) The cannab is cultivation facility commits to measure runoff fr om watering events and report this volume in its wate r usage plan, and that on average, watering events shall have no more than 20% of runoff of water. (E) Filtration. The cultivator commits that HVAC condensate, dehumidification water, excess runoff, and other wastewater produced by the c annabis cultivation facility shall b e captured and filtered to the best of the facility' s ability to achieve the quality needed to be reused in subsequent wa tering rounds. (F) Rep orting energy use and efficiency as required by rule. (b) Ap plicants must submit all required information, inc luding the information required in Section 20-10, to the Department of Agriculture. Failure by an applicant to submit all required information may result in the application being disqualified.

(c) If the Department of Agriculture receives an a pplication with missing information, the Department of A griculture may issue a deficiency notice to the applicant. The ap plicant shall have 10 calendar days from the date of the deficiency notice to resubmit the incomple te information. Applications that are still incom plete after this opportunity to cure will not be score d and will be disqualified. (d) (B lank). (e) A cultivation c enter that is awarded a Conditional Adult Use Cultivat ion Center License pursuant to the criteria in Section 20-20 shall not grow, purchase, possess, or sel l cannabis or cannabis-infused products until the person has receiv ed an Adult Use Cultivation Center License issued by th e Department of Agriculture pursuant to Section 20-21 of this Act. (Source: P.A . 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-538, eff. 8-20-21; rev ised 7-23-24.) Section 955. The Environmental Protection Act is am ended by changing Sections 9.2, 12, 12.7, 39.5, 57.4, 57.5, 57.8, 57.9, 59.1, 59.9, and 59.10 and by setting forth, renumbe ring, and changing multiple versions of Section 22.23e as follows: (415 ILCS 5/9.2) (from

Ch. 111 1/2, par. 1009.2) Sec. 9.2. Sulfur dioxide emission standards. (a) (Blank.) (b) In granting any alternative e mission standard or variance relating to sulfur dioxide emissio ns from a coal-burning stationary source, the Board may requ ire the use of Illin ois coal as a condition of such alternative standard or variance, provided that the Board deter mines that Illinois coal of the proper quality is available and competitive in price; such determination shall include consideration of the cost of pollution control equipment and the economic impact on the Illinois coal mining industry.(Source : P.A. 92-574, eff. 9-26-02; revised 7-24-24.) (415 ILCS 5/12) (from Ch. 111 1/2, par. 1012) Sec. 12. Actions prohibited. No person shall: (a) Cause or threaten or allow the discharge of any contaminants into the environment in any State so as to cause or tend to cause water pollution in Illinois, either alo ne or in combination with matter from other sources, or so as to violate regul ations or standards adopted by the Pollution Control Board under this Act. Notwithstanding any provision of law to the co ntrary, compliance with the terms and conditions of a permit issued under Section 39(b) of this the Act for a permit that authorizes reuse of wastewater for irrigation shall be deemed compliance with this subsection. (b) Const ruct, install, or operate any equipment, facility , vessel, or aircraft capable of causing or contributing to water pollution, or designed to prevent water pollution, of any type designated by Board regulations, without a permit granted by the Agency, or in violation of any conditions imposed by such p ermit. (c) Increase the quantity or strength of any discharge of contaminants into the water s, or construct or install any sewer or sewage treatment f acility or any new outlet for contaminants into the wate rs of this State, without a permit granted by the Agency. (d) Deposit any contamina nts upon the land in such place and manner so as to creat e a water pollution hazard. (e) Sell, offer, or use any article in any area in which the Board has by regulation forbidden its sale, offer, or use for reasons of water pollution control. (f) Cause, thre aten, or allow the discharge of any con taminant into the waters of the State, as defin ed herein, including, but not limited to, waters to any sewage works, or into any well or from any point source within the State, without an NPDE S permit for point source discharges issued by th e Agency under Section 39(b) of this Act, or in violation o f any term or condition imposed by such permit, or in violation of any NPDES perm it filing requirement established under Section 39(b), or in violation of any regulations adopted by the Board or of a ny order adopted by the Board with respect to the NPDES p rogram. No permit shall be required under this subsection and under Section 39(b) of this Act for any discharge for which a permit is not r equired under the Federal Water Pollution Control Act, as now or hereafter amended, and regulations pursuant thereto. For all purposes of this Act, a permit issued by the Administrator of the United States Environmental Protection Agency under Sec tion 402 of the Federal Water Pollution Control Act, as now or hereafter ame nded, shall be deemed to be a permit issued by the Ag ency pursuant to Section 39(b) of this Act. However, this shall not appl y to the exclusion from the requirement of an operating permit provided under Section 13(b)(i). Compliance with the terms and condition s of any permit issued under Section 39(b) of this Act shal l be deemed compliance with this subsection except that it shall not be deemed compliance with any standard or effluent limitation imposed for a toxic pollutant injur ious to human health.

In any case where a permit has been ti mely applied for pursuant to Section 39(b) of this Act but f inal administrative disposition of such application ha s not been made, it shall not be a violation of this su bsection to discharge without such permit unless the com plainant proves that final administrative disposition has n ot been made because of the failure of the applicant to fur nish information reasonably required or requested in order to process the application. (g) Cause, threaten, o r allow the underground injection of contaminants without a UIC permit issued by the Agency under Section 39(d) of this Act, or in violation of any term or condition imp osed by such permit, or in violation of any regulations or standards adopted by the Board or of any order adopted by the Board wit h respect to the UIC program. No permit shall be required under this subsecti on and under Section 39(d) of this Act for any unde rground injection of contaminants for which a permit i s not required under Part C of the Safe Dri nking Water Act (P.L. 93-523), as amended, unless a per mit is authorized or required under regulations adopted by the Board pursuant to Section 13 of this Act . (h) Introduce contami nants into a sewage works from any nondomestic source ex cept in compliance with the regulations and standards adop ted by the Board under this Act.

(i) Beginning January 1, 2013 or 6 months aft er the date of issuance of a general NPDES permit for s urface discharging private sewage disposal systems by the Illinois Envi ronmental Protection Agency or by the United States Envir onmental Protection Agency, whichever is later, co nstruct or install a surface discharging private sewage dis posal system that discharges into the waters of the United States, as that term is used in the Federal Water Pollution Control Act, unless he or she has a coverage lett er under a NPDES permit issued by the Illinois Environmental Protection Agency or by the United States Environme ntal Protection Agency or he or she is constructing or installing the surface discharging private sewage dispos al system in a jurisdiction in which the local public health department has a general NPDES permit issued by the Illi nois Environmental Protection Agency or by the United St ates Environmental Protection Agency and the surface disch arging private sewage disposal system is covered unde r the general NPDES permit. (Source: P.A. 1 03-801, eff. 1-1-25; revised 11-25-24.) (415 ILCS 5/12.7) Sec. 12.7. Wastewater reu se. Notwithstanding any other provision of law, the use of treated municipal wastewater from a publicly owned treatment works is authorized for ir rigation when conducted in accordance with a permit iss ued under Section 39(b) of this the Act.(Sou rce: P.A. 103-801, eff. 1-1-25; revised 12-1-24.) (415 ILCS 5/22.23e) Sec. 22.23e.

Paint and paint-relate d wastes. (a) As used i n this Section: "Paint" means a pigment ed or unpigmented powder coating, or a pigmented or unpigm ented mixture of binder and suitable liquid, that forms an adherent coating when applied to a surface. Powder coating is a surface coating that is applied as a dry powder and is fused into a cont inuous coating film through the use of heat. "Paint" includes architectural p aint as defined in the Paint Stewardship Act. "Paint-related waste" is (i) material contaminated with paint that results from the packaging of pai nt, wholesale and retail operations, paint manufacturing, and paint application or removal activities or (ii) material derived from the reclamation of paint-related wastes that is recycled in a manner other than burning for energy recovery or used in a manner constituting disposal. (b)(1) Paint and paint-related w aste that are hazardous waste are hereby designated as a category of universal waste subject to the streamlined hazardous waste rules set forth in 35 Ill. Adm. Code 733. Within 60 days after January 1, 2025 (the effective date of Public Act 103-887) this amendatory Act of the 103rd General Assembly, the Agency shall propose, and within 180 days after receipt of the Agency's proposal the Board shall adopt, rules that reflect this designation and that prescribe proc edures and standards for the management of hazardous waste pai nt and paint-related waste as a universal waste consi stent with the provisions set forth within this Section. (2) If the United States Environmental Protection Agency adopts streamlined hazardous waste regulations pertain ing to the management of hazardous waste paint or paint-related waste, or otherwise exempts such paint or paint-related waste from regulation as hazardous waste, the B oard shall adopt an equivalent rule in accordance with Section 7.2 of this Act within 180 days of adoption of t he federal regulation. The equivalent Board rule may serve as an alternative to the rules adopted under paragraph (1) of th is subsection (b). (c) Until the Board adopts rules pursuant to paragraph (1) of subsection (b) that prescribe procedures and standards for the management of haz ardous waste paint and paint-related waste by small quantity handler s of universal waste, the following requirements shall appl y to small quantity handlers of universal waste managing ha zardous waste paint and paint-related waste as a univers al waste: (1) Waste Management. A small quantity handler of universal waste shall manage un iversal waste paint and pai nt-related waste in a way that prevents releases of any universal waste or any component of universal waste to t he environment, including, but not limited to, in accordance wi th the following requirements: (A) The small quantity handler of universal waste shall c ollect and store universal waste paint and paint-rela ted waste in containers that are structurally sound, leakpr oof, and compatible with the universal waste paint and paint-related waste. (B) The sm all quantity handler of universal waste shall ensure that c ontainers in which the universal waste paint and paint-r elated waste are contained do not leak and remain closed, except when wastes are being added to or removed from the conta iner. (C) The small q uantity handler of universal waste, upon detection of a release of universal waste paint and paint-related waste, shall do th e following: (i) Stop the release.

(ii) Contain the released universal waste paint and paint-related waste. (iii) Clean up and properly manage the released universal waste paint and paint-related waste and other materials generated from the cleanup. (iv) Remove any l eaking container from service by transferring the contents to another container.

(v) Repair any leaking container before returning it to se rvice. (D) A small qu antity handler of universal waste shall manage unive rsal waste paint and paint-related waste that is igni table or reactive in accordance with local fire cod es. (E) A small quantity handler o f universal waste shall manage universal waste paint and paint-related waste that are incompatible in separate containers. (F) A small quantity handler o f universal waste shall design, maintain, and operate areas of its fa cility where universal waste paints and paint-related wastes are collected and stored to minimize the possibility of a f ire, explosion, or unplanned sudden or non-sudden r elease of universal waste or hazardous constituents to air, soil, or surface water which could threa ten human health or the environment. (2) Labeling or marking. Each c ontainer in which universal waste paint and paint-related waste is accumul ated shall be labeled to identify the contents of the cont ainer. (3) Accumula tion time limits. ( A) A small quantity handler of universal waste may accumula te universal waste paint and paint-related waste for no longer than one year from the date the u niversal waste is generated. However, handlers may accumulat e universal waste for longer than one year if the activity is solely for the purpose of accumulating quantities to facilitate proper recover y, treatment, or disposal. The handler bears the burden of p roving that this activity is solely for the purpo se of accumulation of the quantities of un iversal waste necessary to facilitate proper recovery, treatment, or disposal. (B) A small quantity handler of universal w aste who accumulates universal waste must be able to demonstrate the length of time that the universal w aste has been accumulated. The handler may make this demonstration by any of the following method s: (i) p lacing the universal waste paint and paint-related waste in a container and marking or labeling the container with the earliest date that universal waste paint or paint-related waste in the container became a waste or was received; (ii) marking or labeling each individual item of universal waste paint and paint-related waste with the date the universal waste paint and paint-related waste became a waste or was received; (iii) maintai ning an inventory system on-site that identifie s the date each unit of universal waste paint an d paint-related waste became a waste or was received; (iv) placing universal waste paint an d paint-related waste in a specific accumulation area and identifying the earliest date that any of th e universal waste paint and paint-related wa ste in the area became a waste or was received; or (v) any other method that clearl y demonstrates the length of time the universal waste paint and paint-related waste have been accumulated from the date they become a waste or are received. (4) Employee training. A small quantity handler of universal waste shall inform all employees who handle or have responsibility for managing universal waste paint and paint-related waste. The information shall d escribe proper handling and emergency proced ures appropriate to the universal waste paint an d paint-related waste. (5) Response to releases. (A) A small quantity handl er of universal waste must immediately contain all releas es of universal waste paint and paint-re lated waste and other residues from universal waste paint and paint-related waste. (B) A small quantity handler of universal waste must determine whether any material res ulting from the release is hazardous waste and, if so, must manage the hazar dous waste in compliance with all applicable hazardous waste requ irements of this Act and rules adopted under this Act. The handler is considered the generator of the mate rial resulting from the release and must manage the material in complia nce with this Act and rules adopted under this Act. (6) Off-site shipment s. (A) A small qua ntity handler of universal waste is prohibited from sending or ta king universal waste paint and paint-related wa ste to a place other than another universal waste handler, a destination facility, or a foreign destination. (B) If a small quantity handler of universal waste se lf-transports universal waste paint and paint -related waste off-site offsite, the handler becomes a universal waste transporter for those self-transportation activities and shall comply with the Board's existing rules for universal waste transpor ters. (C) If u niversal waste paint and paint-related waste being offered for off-site transportation me ets the definition of hazardous materials under 49 CFR Parts 171 to 180, a small quantity handler of univer sal waste shall package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable United States Department of Transportation regula tions under 49 CFR Parts 172 to 180. (D) Prior to sending a shipment of universal waste paint and paint-related waste to ano ther universal waste handler, the originating h andler shall ensure that the receiving handler agrees to receive the shipment. (E) If a small quantity handler of universal waste sends a shipment of universal waste paint and paint-related waste to another handler or to a destination facility and if the shipment is rejected by the receiving handler or destination facility, the originating handler shall either: (i) receive the unive rsal waste paint and paint-related waste back when notified that the shipment has been rejected; or (ii) agree with the rec eiving handler on a destination facility to wh ich the shipment will be sent. (F) A small quantity handler of univ ersal waste may reject a shipment containing uni versal waste paint and paint-related waste, or a portion of a shipment containing universal was te paint and paint-related waste, received from another h andler. If a handler rejects a shipment or a portion of a shipment, the rejecting handler shall contact the o riginating handler to notify the originating hand ler of the rejection and to discuss res hipment of the load. The receiving handler shall: (i) send the shipment back to the originating handler; or (ii) if agree d to by both the originating and receiving handler, se nd the shipment to a destination facility. (G) If a small quantity handler of univ ersal waste receives a shipment of nonhazardous, non-universal waste, the handler may manage the waste in an y way that is in compliance with applicable law.

(d) Until the Board adopts rules pursuant to subsection (b), the following addit ional requirements shall apply: (1) Paints and paint-related wastes that a re exempt household wastes or very small quantity generato r wastes under existing Board rules remain exempt from th e hazardous waste rules but may be managed as unive rsal wastes under 35 Ill. Adm. Code 733.108.

(2) Universal waste transporters that transport paints or paint-related wastes that are universal wastes are subjec t to the existing Board rules for universal waste tran sporters. (3) Universal waste destination facilities that manage paint s or paint-related wastes that are universal wastes are su bject to the existing Board rules for univ ersal waste destination facilities.

(Source: P.A. 103-887, eff. 1-1-25; revised 1 2-1-24.)

(415 ILCS 5/22.23f) Sec. 22.23f 22.23e. End-of-life electric vehicle and battery electric storage system batteries. (a) In this Section: "Battery energy stora ge solution facility" or "BESS" means a facility t hat stores and distributes energy in the form of elect ricity and that stores electricity using battery devices and other me ans. "Battery energy storage solution" or "BESS" includes any permanent structures associated with the battery energy sto rage facility and all associated transmission lines, sub stations, and other equipment related to th e storage and transmission of electric power. "Battery storage site" means a site where used batteries are stored. "Electric vehicle" or "EV" has the same meaning as defined in Section 11 -1308 of the Illinois Vehicle Code. "Electric vehicle battery" or "EV battery" means a rechargeable battery that is used to power the electric motors that propel an electric vehicle. "Electric v ehicle battery" includes, but is not limited to, lithium-ion batteries and nickel-metal hydride batteries. " Used battery" means an EV battery that is sold, given, or otherwise conveyed t o a battery storage site. "Storage" means any accumulation of used batteries tha t does not constitute disposal. (b) No pers on shall cause or allow the operation of a battery storage sit e at which 5,000 kilograms or more of used batteries are stor ed at any one time unless:

(1) the battery storage site is registered with the Agency in a ccordance with this Section; (2) the owner or operator of the battery stora ge site maintains records documenting the following: (A) the weight or volume of whole or partial used ba tteries received at the battery storage site each week; (B) the weight or volume of whole or partial used batteries leaving the battery storage si te each week; and ( C) the weight or volume of whole or partial used batteries remain ing at the battery storage site at the end of each week; and (3) the owner or op erator of the battery storage site is an automotive parts recycl er as defined in Section 1-105.3 of the Illinois V ehicle Code and licensed under Section 5-3 01 of the Illinois Vehicle Code. Th e records required under this Section shall be made available for inspection and copying by the Agency during the normal business hours.

(c) The owner or operator of each batte ry storage site in operation prior to February 1, 2026, at which 5,00 0 kilograms or more of used batteries are stored at any one time, must register with the Agency prior to February 1, 2026 and each Feb ruary 1 thereafter. Any owners or operators of a battery stora ge site that comes into operation after February 1, 2026 shall register with the Agency prior to commencing operation. Registration must be on forms and in a format prescribed by the Agency. Agency regis tration forms shall include, at a minimum, information regarding the following: (1) the name and address of the own er and operator of the battery storage site;

(2) A description of the operat ions conducted at the battery storage site; (3) the weight or volume of whole or partial used batteries received at the battery storage site over the past calendar year; and (4) the weight or volume of whole or partial used batteri es at the battery storage site at the end of the calendar year. (d) No later than

January 1, 2026 (one 1 year after the effective date of Public Act 103-1006) this amendatory Act, the Agency shall propose to the Board, and no la ter than one year after receipt of the Agency's proposal, the Board shall adopt, rules for the operation of battery storage sites. Such rules shall include, but not be limited to: requirem ents for end-of-life battery receipt, handling, sto rage, and transfer; standards for fire prevention; requirements fo r contingency planning and emergency response; recordkeeping ; reporting; and financial assurance.(So urce: P.A. 103-1006, eff. 1-1-25; revised 12-3-24.) (415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5) Sec. 39.5. Clean Air Act Permit Program. 1. Definitions. For purpos es of this Section: "Administrative permit amendment" means a permit revision subject to subsection 13 of this Sect ion. "Affected source for acid deposition" means a source that includes one or more affected units under Title IV of the Clean Air Act. "Affected States" for purposes of formal distribution of a d raft CAAPP permit to other States for comments prior to issuan ce, means all States: (1) Whose air quality may be affected by the source covered by the draft permi t and that are contiguous to Illinois; or (2) That are within 50 miles of the source. "Affected unit for acid deposition" shall have the meaning given to the term "affected unit" in the regulations promulgated under Title IV of the Clean Air Act . "Applicable Clean Air Act requirement" means all of the following as they apply to emissions units in a source (including regulations that have been promulgated or approved by USEPA pursuant to the Clean Air Act which directly impose requirements upon a source and oth er such federal requirements which have been adopted by th e Board. These may include requirements and regulations whic h have future effective compliance dates. Requirements and regulations will be exempt if USEPA determines that such requir ements need not be containe d in a Title V permit):

(1) Any standard or other requirement provided for in the applicable state implementation plan approved or promulg ated by USEPA under Title I of the Clean Air Act that impl ements the relevant requirements of the Clean Air Act, including any revisions to the state Imple mentation Plan promulgated in 40 CFR Part 52, Subparts A and O and o ther subparts applicable to Illinois. For purposes of this paragraph (1) of this definition, "any standard or ot her requirement" means only such standards or requirements directly enforceable against an individual source under the Clea n Air Act. (2)(i) An y term or condition of any preconstruction permits issued purs uant to regulations approved or promulgated by USEPA under Ti tle I of the Clean Air Act, including Part C or D of the Clean Air Act. (ii) Any term or condition as required pursuant to th is Section 39.5 of any federally enforceable State o perating permit issued pursuant to regulations approved or promulgated by USEPA under Title I of the Clean Air Act, including Part C or D of the Clean Air Act. (3) Any standard or other requirem ent under Section 111 of the Clean Air Act, including Se ction 111(d). (4) Any st andard or other requirement under Section 112 of the Clea n Air Act, including any requirement concerning accident prevention under Section 112(r)(7) of the Clean Air Act . (5) Any standard or other requirement of the acid rain program unde r Title IV of the Clean Air Act or the regulations promu lgated thereunder. (6) Any requirements established pursuant to Section 504(b) or Se ction 114(a)(3) of the Clean Air Act. (7) Any standard or other requ irement governing solid waste incineration, under Section 129 of the Clean Air Act. (8) Any standard or other requir ement for consumer and commercial products, under Section 183(e ) of the Clean Air Act. (9) Any standard or other requirement for t ank vessels, under Section 183(f) of the Clean Air Act . (10) Any standard or other requirement of the program t o control air pollution from Outer Continental Shelf sources, under Section 328 o f the Clean Air Act. (1 1) Any standard or other requirement of the regulati ons promulgated to protect stratospheric ozone under Title VI of the Clean Air Act, unless USEPA has deter mined that such requirements need not be contained in a Title V permit. (12) Any national ambient air quality standard or increment or visibil ity requirement under Part C of Title I of the Clean Air Ac t, but only as it would apply to temporary sources permitted pursuant to Sectio n 504(e) of the Clean Air Act. "Applicable requirement" means all applicable Clean Air Act requir ements and any other standard, lim itation, or other requirement contained in this Act or regula tions promulgated under this Act as applicable to sources o f air contaminants (including requ irements that have future effective compliance dates) . "CAAPP" means the Clean Air Act Permit Program, developed pur suant to Title V of the Clean Air Act. "CA APP application" means an application for a CAAPP perm it. "CAAPP Permit" or "permit" (unless the context suggests otherwise) means any permit issued, renewed, amended , modified, or revised pursuant to T itle V of the Clean Air Act. "CAAPP source" means any source for which the owner or operator is required to obtain a CAAPP permit pursuant to subsection 2 of this Section. "Clean A ir Act" means the Clean Air Act, as now and hereafter amen ded, 42 U.S.C. 7401, et seq. "Design ated representative" has the meaning given to it in Sectio n 402(26) of the Clean Air Act and th e regulations promulgated thereunder, which state that t he term "designated representative" means a responsible person or official authorized by the owner or operator of a unit to represent the owner or operator in all matters pertaining t o the holding, transfer, or disposition of allowances allocate d to a unit, and the submi ssion of and compliance with permits, permit applications, and compliance plans for the unit. "Draft CAAPP permit" means the version of a CAAPP permit fo r which public notice and an opportunity for public comment and hearing is offered by the Agency. "Effective date of t he CAAPP" means the date that USEPA approves Illinois' CAAPP. "Emission unit" mean s any part or activity of a stationary source that emit s or has the potential to emit any air pollutant. This ter m is not meant to alter or affect the definition of the term "unit" for purposes of Title IV of the Clean Air Act. "Federally enforceable" mean s enforceable by USEPA. "Final permit act ion" means the Agency's granting with conditions, refusal to grant, renewal of, or revision of a CAAPP permit, the Agen cy's determination of incompleteness of a submitted CAA PP application, or the Agency's failure to act on an applicatio n for a permit, permit renewal, or permit revision within th e time specified in subsection 13, subsection 14, or paragra ph (j) of subsection 5 of this Section.

"General permit" means a permit issued to cover numerous similar so urces in accordance with subsection 11 of this Section. "Major source" means a source for which emis sions of one or more air pollutants meet the criteria fo r major status pursuant to paragraph (c) of subsection 2 of this Section. "Maximum achievable control technology" or "MACT" means the maximum degree of reductions in emissions deemed achievable un der Section 112 of the Clean Air Act. " Owner or operator" means any person who owns, leases, operates , controls, or supervises a stati onary source. "Permit modification" means a revision to a CAAPP permit that cannot be accomplished under th e provisions for administrative permit amendments under sub section 13 of this Section. "Permit revision " means a permit modification or administrative permit amendme nt. "Phase II" means the period of the n ational acid rain program, established under Title IV of the Clean Air Act, beginning January 1, 2000, and co ntinuing thereafter.

"Phase II acid rain permit" means the portion of a CAAPP permit issued, renewed, modified, or revised by the Agency during Phase I I for an affected source for acid deposition. "Potential to emit" means the maximum capacity of a stationary source to emit any air pollutant under its physical and operation al design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, inclu ding air pollution control equipment and restrictions on hours of ope ration or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limit ation is enforceable by USEPA. This definition does not a lter or affect the use of this term for any other pur poses under the Clean Air Act, or the term "capacity factor" as used in Title IV of the Clean Air Act or the regulations promulgated ther eunder. "Preconstruction Permit" or "Construction Permit" means a permit which is to be obtained prior to commencing or beginning actual construc tion or modification of a source or emissions unit. "P roposed CAAPP permit" means the version of a CAAPP permit that the Agency proposes to issue and forwards to USEPA fo r review in compliance with applicable requirements of the Act and regulations promulgated thereunder. "Regulate d air pollutant" means the following: (1) Nitrogen oxides (NOx) or any volatile organic com pound. (2) Any pollutant for which a national ambient air quality standard has been promul gated. (3) Any pollutan t that is subject to any standard promulgated under Section 111 of the Clean Air Act. (4) Any Class I or II substance subject to a standard promulgated un der or established by Title VI of the Clean Air Act. (5) Any pollutant subject to a standard promulgated under Section 112 or other requirements established under Section 112 of th e Clean Air Act, including Sections 112(g), (j), and (r). (i) Any pollutant subject to re quirements under Section 112(j) of the Clean Air Act. Any pollutant listed under Section 112(b) for which the subjec t source would be major shall be considered to be regulated 1 8 months after the date on which USEPA was required to promulg ate an applicable standard pursuant to Section 112(e) of the Clean Air Act, if USEPA fails to promulgate such standard. (ii) Any p ollutant for which the requirements of Section 112(g)(2) of the Clean Air Act have been met, but only with respect to the ind ividual source subject to Section 112(g)(2) requirement.

(6) Greenhouse gases. "Ren ewal" means the process by which a permit is reissued at the end of its term. "Responsible official" means one of the following: (1) For a corporation: a preside nt, secretary, treasurer, or vice-president of the c orporation in charge of a principal business function , or any other person who performs similar policy or decision-ma king functions for the corporation, or a duly authorized rep resentative of such person if the representative is responsible for the overall operation of one or m ore manufacturing, production, or operating faci lities applying for or subject to a permit and either (i) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 milli on (in second quarter 1980 dollars), or (ii) the delegatio n of authority to such representative is approved in advance by the Agency. (2) For a partnership or sole proprietorship: a general par tner or the proprietor, respectively, or in the case of a partn ership in which all of the partners are corpora tions, a duly authorized representative of the partnership if the representative is responsible for the overall operation of one or more manufacturing, production, or operating fac ilities applying for or subject to a permit and eithe r (i) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in sec ond quarter 1980 dollars), or (ii) the delegation of authority to such representative is approved in advance by the Age ncy. (3) For a municip ality, State, federal Federal, or other public agency: e ither a principal executive officer or ranking elected of ficial. For the purposes of this part, a principal e xecutive officer of a federal Federal agency includes the chief execu tive officer having responsibility for the overall operations of a principal geogr aphic unit of the agency (e.g., a Regional Administrat or of USEPA). (4) For a ffected sources for acid deposition: (i) The designated representati ve shall be the "responsible official" in so far as actio ns, standards, requirements, or prohibitions und er Title IV of the Clean Air Act or the regulations promulgated thereunder are concerned. (ii) The designated representa tive may also be the "responsible official" for any other p urposes with respect to air pollution control. "Section 502(b)(10) changes" means changes that contravene express perm it terms. "Section 502(b)(10) changes" do not include changes that would violate applicable requireme nts or contravene federally enforceable permit terms or co nditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements. "Solid waste i ncineration unit" means a distinct operating unit o f any facility which combusts any solid waste material fr om commercial or industrial establishments or th e general public (including single and multiple residen ces, hotels, and motels). The term does not include incinerators or other units r equired to have a permit under Section 3005 of the Solid Wa ste Disposal Act. The term also does not incl ude (A) materials recovery facilities (including prim ary or secondary smelters) which combust waste for the primary purpose of recovering metals, (B) qualifying sm all power production facilities, as defined in Section 3(17)(C) of the Federal Power Act (16 U.S.C. 769(17)(C)), o r qualifying cogeneration facilities, as defined in Section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18 )(B)), which burn homogeneous waste (such as units which b urn tires or used oil, but not including refuse-derived fuel) for the production of electric energy or in the case o f qualifying cogeneration facilities which burn homogeneous w aste for the production of electric energy and steam or forms of useful energy (such as heat) which are used for industrial, comme rcial, heating, or cooling purposes, or (C ) air curtain incinerators provided that such incinerators o nly burn wood wastes, yard waste, and clean lumber and that such air curtain incinerators comply with opac ity limitations to be established by the USEPA by rule. "Source" means any stationary source (or any grou p of stationary sources) that is located on one or more contig uous or adjacent properties that are under common control of the same person (or persons under common control) and that belongs to a single major industrial grouping. For the p urposes of defining "source," a stationary source or group of stationary sources shall be considered part of a single m ajor industrial grouping if all of the pollutant emitting activities at such source or group of sources located on contiguous or adjacent properties and under common control belong to the same Major Group (i.e., all have the same two-d igit code) as described in the Standard Industrial Classific ation Manual, 1987, or such pollutant emitting activities at a stationary source (or group of stationary sources) located on contiguous or adj acent properties and under common control constitute a suppor t facility. The determination as to whether any group of stationary sources is l ocated on contiguous or adjacent properties, and/or is under c ommon control, and/or whether the pollutant emitting activ ities at such group of stationary sources constitute a support facility shall be made on a case-by-case case by case bas is. "Stationary source" means any building, s tructure, facility, or installation that emits or may emit any regulated air pollutant or any pollutant listed under Sect ion 112(b) of the Clean Air Act, except those emissions result ing directly from an internal combustion engine for transport ation purposes or from a nonroad engine or nonroad vehicle as defined in Section 216 of the Clean Air Act. "Subject to regulation" has the meaning given to it in 40 CFR 70. 2, as now or hereafter amended. "Support f acility" means any stationary source (or group of stationary so urces) that conveys, stores, or otherwise assists to a si gnificant extent in the production of a principal product at another stationary source (or group of stationary s ources). A support facility shall be considered to be pa rt of the same source as the stationary source (or group of sta tionary sources) that it supports regardless of the 2-digit Standard Industrial Classification code for the support fa cility. "USEPA" means the Administrator of the United States Environmental Prote ction Agency (USEPA) or a person designated by the Administrator. 1.1. Exclusion Fro m the CAAPP. a. An owner or operator of a source which determines that the source could be excluded from the CAAPP may seek such exclusion prior to the date that the CAAPP application for the source is due but in no case later than 9 months after the effective d ate of the CAAPP through the imposition of federally enfor ceable conditions limiting the "potential to emit" of the source to a level below the major source threshold for th at source as described in paragraph (c) of subsection 2 of this Section, within a State operating permit issued p ursuant to subsection (a) of Section 39 of this Act. After s uch date, an exclusion from the CAAPP may be sought under parag raph (c) of subsection 3 of this Section. b. An owner or operator of a source seeking exclusion from the CAAPP pursuant to paragraph (a) of this su bsection must submit a permit applic ation consistent with the existing State permit progr am which specifically requests such exclusion through the impos ition of such federally enforceable conditions. c. Upon such request, if the Agency determines that the owner or operator of a source ha s met the requirements for exclusion pursuant to paragraph (a) of this subsection and other applicable req uirements for permit issuance under subsection (a) of Sectio n 39 of this Act, the Agency shall issue a State operating permit for such source under subsection (a) of Section 3 9 of this Act, as amended, and regulations promulgated ther eunder with federally enforceable conditions limiting t he "potential to emit" of the source to a level below th e major source threshold for that source as described in paragraph (c) of subsection 2 of this Section. d. The Agency shall provide an owner or operator of a source which may be excluded fro m the CAAPP pursuant to this subsection with reasonable noti ce that the owner or operator may seek such exclu sion. e. The Agency shall provide such sources with the necessary permit appli cation forms. 2. Applicab ility. a. Sources subject to this Section shall include:

i. Any major source as defined in paragraph (c) of this subsection. ii. Any source subject to a standard or other requi rements promulgated under Section 111 (New Source Performan ce Standards) or Section 112 (Hazardous Air Pollutants) of the Clean Air Act, except that a source is not required to obtain a permit solely because it is subject to r egulations or requirements under Section 112(r) of the Clea n Air Act. iii. An y affected source for acid deposition, as defined in subse ction 1 of this Section. iv. Any other source subject to this Sec tion under the Clean Air Act or regulations promulgated thereunder, or applicable Board regulations. b. Sources exempted from this Section sh all include: i. All sources listed in paragraph (a) of this subsection that are n ot major sources, affected sources for acid dep osition or solid waste incineration units required to obtain a permit pursuant to Sec tion 129(e) of the Clean Air Act, until the source is required to obtain a CAAPP permit pursuant to the Clean Air Act or regulations promulgated thereunder. ii. Nonmajor sources sub ject to a standard or other requirements subsequently promulgated by USEPA under Section 111 or 112 of the C lean Air Act that are determined by USEPA to be exempt a t the time a new standard is promulgated. iii. All sources and source categories that would be required to obtain a permit solely b ecause they are subject to Part 60, Subpart AAA - Standards of P erformance for New Residential Wood Heaters (40 CFR Part 60). iv. A ll sources and source categories that would be required to obtain a permit solely because they are subject to Part 61, Subpart M - National Emission Standar d for Hazardous Air Pollutants for Asbestos, Section 61.145 (40 CFR Part 61).

v. Any other source categories exempted by USEPA regulations pursuant to Secti on 502(a) of the Clean Air Act.

vi. Major sources of greenhous e gas emissions required to obtain a CAAPP pe rmit under this Section if any of the following occur s: (A) enac tment of federal legislation depriving the Administra tor of the USEPA of authority to regulate greenhouse ga ses under the Clean Air Act; (B) the issuance of any opini on, ruling, judgment, order, or decree by a federal court depr iving the Administrator of the USEPA of authority to re gulate greenhouse gases under the Clean Air Act; or (C) act ion by the President of the United Stat es or the President's authorized agent, including the Adminis trator of the USEPA, to repeal or withdraw the Greenhou se Gas Tailoring Rule (75 Fed. Reg. 31514, June 3, 2010) . If any e vent listed in this subparagraph (vi) occurs, CAAPP permits is sued after such event shall not impose permit terms or condit ions addressing greenhouse gases during the effectiv eness of any event listed in subparagr aph (vi). If any event listed in this subparagraph (vi) oc curs, any owner or operator with a CAAPP permit that includes terms or conditions addressing greenhouse gases may elect to submit an application to the Agency to address a revisio n or repeal of such terms or conditions. If any owner or operator submits such an application, the Agency shall expeditiously p rocess the permit application in accordance with applicable laws and regulations. Nothing in this subpara graph (vi) shall relieve an owner or operato r of a source from the requirement to obtain a CA APP permit for its emissions of regulated air p ollutants other than greenhouse gases, as required by this S ection.

c. For purposes of this Section the term "maj or source" means any source that is: i. A major source under Section 112 of th e Clean Air Act, which is defined as: A. For pollutants other t han radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the pote ntial to emit, in the aggregate, 10 tons per year (tp y) or more of any hazardous air pollutant which has be en listed pursuant to Section 112(b) of the Clean A ir Act, 25 tpy or more of any combination of such h azardous air pollutants, or such lesser quantity as USEPA may establish by rule. Notwithstanding the preced ing sentence, emissions from any oil or gas expl oration or production well (with its associated e quipment) and emissions from any pipeline compresso r or pump station shall not be aggregated with emissio ns from other similar units, whether or not such unit s are in a contiguous area or under common cont rol, to determine whether such stations are major source s. B. F or radionuclides, "major source" shall have the meaning specifi ed by the USEPA by rule. ii. A major stationary source of air pollutants, as de fined in Section 302 of the Clean Air Act, that directly emits or has the potential to emit, 100 tpy or mor e of any air pollutant subject to regulation (inclu ding any major source of fugitive emissions of any such pollutant, as determined by rule by USEPA). For purposes of this subsection, "fugitive emission s" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent functionally-equivalent opening. The fugitive emissions of a stationary so urce shall not be considered in determining w hether it is a major stationary source for th e purposes of Section 302(j) of the Clean Air Act , unless the source belongs to one of the fol lowing categories of stationary source: A. Coal cleaning plants (with thermal dryers). B. Kraft pulp mills. C. Portland cement plants.

D. Primary zinc smelters. E. Iron and steel mills . F. Prim ary aluminum ore reduction plants. G. Primary copper s melters. H. Municipal incinerators capable of charging more than 250 tons of refuse per day. I. Hydrofluoric, sulfuric, or nitric acid plants. J. Petroleum refineries. K. Lime plan ts. L. Phosphate rock processing plants. M. Coke oven batterie s. N. Sulfur recovery plants. O. Carbon black plants (furnace process). P. Primary lead smelters. Q. Fuel conversion plants. R. Sintering plants. S. Secondary metal production pl ants. T. Chemical process plants. U. Fossil-fuel boilers (or com bination thereof) totaling more than 250 million British thermal units per hour heat input. V. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 b arrels. W. Taconite ore p rocessing plants. X. Glass fiber processing plants. Y . Charcoal production plants.

Z. Fossil fuel-fired steam electric plants of more than 250 mi llion British thermal units per hour heat input. AA. All other stationary source categories, which as of August 7, 1980 are being regulated by a standard promulgated under Section 111 or 11 2 of the Clean Air Act. BB. Any other stationary source category designated by USEPA by rule. iii. A major stationary source as defined in p art D of Title I of the Clean Air Act including: A. For ozone no nattainment areas, sources with the potential to emit 100 tons o r more per year of volatile organic compounds or oxides of nitrog en in areas classified as "marginal" or "moderate", 50 tons or more per year in areas classified as "serious", 25 tons or more per year in areas classified as "s evere", and 10 tons or more per year in areas classified as "extreme"; except tha t the references in this clause to 100, 50, 25, and 10 tons per year of nitrog en oxides shall not apply with respect to any source for which USEPA h as made a finding, under Section 182(f)(1) or (2 ) of the Clean Air Act, that requirements othe rwise applicable to such source under Section 182(f) of the Cl ean Air Act do not apply. Such sources shall remain subject to the major source criteria of subparagr aph (ii) of paragraph (c) of this subsection. B. For ozone t ransport regions established pursuant to Section 184 of th e Clean Air Act, sources with the potential to emit 50 tons or more per year of volatile organic compounds (VOCs). C. For carbon monoxide nonattainment ar eas (1) that are classified as "serious", and (2) i n which stationary sources contribute significant ly to carbon monoxide levels as determined under rules issued by USEPA, sources with the potentia l to emit 50 tons or more per year of carbon monoxide. D. For particulate matter (PM-10) no nattainment areas classified as "serious", sources with the potential to emit 70 tons or more pe r year of PM-10. 3. Agency Authority To Issue CAAPP Permits and Federally Enforceable State Operating Permits. a. The Agency shal l issue CAAPP permits under this Section consistent with the Clean Air Act and regulations promulg ated thereunder and this Act and regulation s promulgated thereunder. b. The Agency shall issue CAAPP permits f or fixed terms of 5 years, except CAAPP permit s issued for solid waste incineration units combust ing municipal waste which shall be issued for fixed terms of 12 years and ex cept CAAPP permits for affected sources for acid deposition which shall be issued for initial terms to expire on Dec ember 31, 1999, and for fixed terms of 5 years thereafter. c. The Agency shall have the authority to issue a State operating permit for a source under subsection (a) of Section 39 of this Act, as amended, and regulations promulgated thereunder, which includes federally enforceable conditio ns limiting the "potential to emit" of the source t o a level below the major source threshold for that sou rce as described in paragraph (c) of subsection 2 of this Section, thereby excluding the source from the CAAPP, when reques ted by the applicant pursuant to paragraph (u) of subsect ion 5 of this Section. The public notice requirements of t his Section applicable to CAAPP permits shall also a pply to the initial issuance of permits under this pa ragraph. d. For purpo ses of this Act, a permit issued by USEPA under Section 505 of the Clean Air Act, as now and hereafter amended, sh all be deemed to be a permit issued by the Agency pursu ant to this Section 39.5 of this Act. 4. Transition. a. An owner or operator of a CAAPP so urce shall not be required to renew an existing State op erating permit for any emission unit at such CAAPP source once a CAAPP application timely submitted prior to exp iration of the State operating permit has been de emed complete. For purposes other than permit renewal, the obligation upon the owner or operator of a CAAPP source to obtain a State operating permit is not removed upon submit tal of the complete CAAPP permit application. An owner or operator of a CAAPP source seeking to make a mod ification to a source prior to the issuance of its CAAPP p ermit shall be required to obtain a construction permit, operating permit, or both as required for such modi fication in accordance with the State permit program under subsection (a) of Section 39 of this Act, as amended, and re gulations promulgated thereunder. The application f or such construction permit, operating permit, or both sh all be considered an amendment to the CAAPP application submitted for such source. b. An owner o r operator of a CAAPP source shall continue to operate in accordance with the terms and conditions of its applicable State operating permit notwithstanding the ex piration of the State operating permit until the sou rce's CAAPP permit has been issued. c. An owner or operator of a CAAPP sou rce shall submit its initial CAAPP application to the Ag ency no later than 12 months after the effective date of t he CAAPP. The Agency may request submittal of initial CAAPP applications during this 12-month period accord ing to a schedule set forth within Agency procedures, howe ver, in no event shall the Agency require such subm ittal earlier than 3 months after such effective dat e of the CAAPP. An owner or operator may voluntarily submit its initial CAAPP application prior to the date req uired within this paragraph or applicable procedures, if an y, subsequent to the date the Agency submits the CAAPP to USEPA for approval. d. The Agency shall act on initial CAAPP applicatio ns in accordance with paragraph (j) of subsect ion 5 of this Section. e. For purposes of this Section, the term "initia l CAAPP application" shall mean the first CAAPP appl ication submitted for a source existing as of the effe ctive date of the CAAPP. f. The Agency shall provi de owners or operators of CAAPP sources with at least 3 month s advance notice of the date on which their applications a re required to be submitted. In determining which sou rces shall be subject to early submittal, the Agency shall include among its considerations the complexity of the permit application, and the burden that such early submittal will have on the source. g . The CAAPP permit shall upon becoming effective sup ersede the State operating permit. h. The Agency shall have the au thority to adopt procedural rules, in accordance with the Illinois Administrative Procedure Act, as the Agenc y deems necessary, to implement this su bsection. 5. Applications and Completeness. a. An o wner or operator of a CAAPP source sha ll submit its complete CAAPP application consistent with the Act and applicable regulations. b. An owner or operator of a CAAPP source sh all submit a single complete CAAPP applicat ion covering all emission units at that source. c. To be deemed complete, a CAAPP application must provide all information, as reques ted in Agency application forms, sufficient to evaluate t he subject source and its application and to determine all applicable requirements, pursuant to the Clean Air Ac t, and regulations thereunder, this Act and regulations th ereunder. Such Agency application for ms shall be finalized and made available prior to the da te on which any CAAPP application is required. d. An owner or operator of a CAAPP sour ce shall submit, as part of its complete CAAPP app lication, a compliance plan, including a schedule of compliance, describing how each emission unit will comply with all ap plicable requirements. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based. e. Each submitted CAAPP app lication shall be certified for truth, accuracy, and complete ness by a responsible official in accordance with applicab le regulations.

f. The Agency shall provide notice to a CAAPP applicant a s to whether a submitted CAAPP application is co mplete. Unless the Agency notifies the applicant of in completeness, within 60 days after receipt of the CAAPP app lication, the application shall be deemed complet e. The Agency may request additional information as needed to make the completeness determination. T he Agency may to the extent practicable provide the appl icant with a reasonable opportunity to correct deficiencies prio r to a final determination of completeness. g. If after the determinatio n of completeness the Agency finds that additional in formation is necessary to evaluate or take final action on the CAAPP application, the Agency may request in writ ing such information from the source with a reaso nable deadline for response. h. If the owner or operator of a CA APP source submits a timely and complete CAAPP application, t he source's failure to have a CAAPP permit shall not be a violation of this Section until the Agency takes final action on the submitted CAAPP application, provided, however, where the app licant fails to submit the requested information under pa ragraph (g) of this subsection 5 within the time frame specified by the Agency, this protection shall cease to a pply. i. Any applicant w ho fails to submit any relevant facts necessary to eval uate the subject source and its CAAPP application or who ha s submitted incorrect information in a CAAPP application sh all, upon becoming aware of such failure or incorrect submittal, submit supplementary facts or correct informatio n to the Agency. In addition, an applicant shall provide to the Agency additional information as necessary to add ress any requirements which become applicable to the sou rce subsequent to the date the applicant submitted its c omplete CAAPP application but prior to release of the draft CAAPP permit. j. The Agency shall issue or deny the CAAPP permit within 18 months after the date of receipt of the complete CAAPP application, with the followi ng exceptions: (i) permits for affected sources for acid deposition shall be issued or denied within 6 months afte r receipt of a complete application in accordance with sub section 17 of this Section; (ii) the Agency shall act on initial CAAPP applications within 24 months after the da te of receipt of the complete CAAPP application; (iii) the Agency shall act on complete appl ications containing early reduction demonstrations unde r Section 112(i)(5) of the Clean Air Act within 9 months of receipt of the complete CAAPP application. Where the Agency doe s not take final action on the permit within the required time period, the permit shall not be deemed issued; ra ther, the failure to act shall be treated as a fina l permit action for purposes of judicial review pur suant to Sections 40.2 and 41 of this Act. k. The submittal of a comple te CAAPP application shall not affect the require ment that any source have a preconstruction permit under Title I of the Clean Air Act.

l. Unless a timely and complete renewal applicat ion has been submitted consistent with this subsection, a CAAPP source operating upon the expiration of its CA APP permit shall be deemed to be operating without a CAAP P permit. Such operation is prohibited under this Act. m. Permits being renewed s hall be subject to the same procedural requirements, includ ing those for public participation and federal revie w and objection, that apply to original permit issuance.

n. For purposes o f permit renewal, a timely application is one that is submitted no less than 9 months prior to the date of permit expiration. o. The terms and conditions of a CAAPP permit shall r emain in effect until the issuance of a CAAPP renewal perm it provided a timely and complete CAAPP application has been submitted. p. The owner or operator of a CAAPP source seeking a permit shield pursuant to paragra ph (j) of subsection 7 of this Section shall request such permit shield in the CAAPP app lication regarding that source. q. The Agency shall make available to the pub lic all documents submitted by the applicant to the Agen cy, including each CAAPP application, compliance plan ( including the schedule of compliance), and emissions or compliance monitoring repo rt, with the exception of information entitled to confidenti al treatment pursuant to Section 7 of this Act. r. The Agency shall use the standardized forms required under Title IV of the Clean Ai r Act and regulations promulgated thereunder for a ffected sources for acid deposition. s. An owner or operator of a CAAPP source may include wi thin its CAAPP application a request for permission to ope rate during a startup, malfunction, or breakdown consis tent with applicable Board regulations. t. An owner or operator of a C AAPP source, in order to utilize the operational flexibilit y provided under paragraph (l) of subsection 7 of this Sect ion, must request such use and provide the necessary inform ation within its CAAPP application. u. An owner or operator of a CAAPP source which seek s exclusion from the CAAPP through the imposition of federally enforceable conditions, pursuant to par agraph (c) of subsection 3 of this Section, must request such exclusion within a CAAPP application submitted consistent with this subsection on or after the date that t he CAAPP application for the source is due. Prior to such date, but in no case later than 9 months after the effective date of the CAAPP, such owner or op erator may request the imposition of federally enforceab le conditions pursuant to paragraph (b) of subsect ion 1.1 of this Section.

v. CAAPP applications shall contain accurate information on allowable emissions to implement the fee provisio ns of subsection 18 of this Section. w. An owner or operator of a CAAPP source shall submit within it s CAAPP application emissions information regarding all regulated air pollutants emitted at that source consistent with applicable Agency procedures. Emission s information regarding insignificant activities or emissio n levels, as determined by the Agency pursuant to Board regu lations, may be submitted as a list within the CAAP P application. The Agency shall propose regulations to t he Board defining insignificant activities or emission levels, consistent with federal regulations, if any, no la ter than 18 months after the effective date of P ublic Act 87-1213 this amendato ry Act of 1992, consistent with Section 112(n) (1) of the Clean Air Act. The Board shall adopt fi nal regulations defining insignificant activities or emissi on levels no later than 9 months after the date of the Agency's proposal. x. The owner or oper ator of a new CAAPP source shall submit its complete CAA PP application consistent with this subsection within 12 months after comm encing operation of such source. The owner or operator of an existing source that has been excluded from the pro visions of this Section under subsection 1.1 or paragra ph (c) of subsection 3 of this Section and that becom es subject to the CAAPP solely due to a change in operati on at the source shall submit its complete CAAPP applicat ion consistent with this subsection at least 180 days be fore commencing operation in accordance with the change in operation. y. The Agency shall have the authority to adopt procedural rules, in accordance with the Illinois Administrative Procedure Act, as the Agency deems necessary to implement this subsection. 6. Prohib itions. a. It shall be unlawful for any person to violate any terms or co nditions of a permit issued under this Section, to operate any CAAPP source except in compliance with a permit issued by th e Agency under this Section or to violate any other applica ble requirements. All terms and conditions of a permit issu ed under this Section are enforceable by USEPA and citizen s under the Clean Air Act, except those, if any, that are specifically designated as not being federally enforceable in the permit pursuant to paragraph (m) of subsection 7 of this Section. b. Aft er the applicable CAAPP permit or renewal application submit tal date, as specified in subsection 5 of this Section, no person shall operate a CAAPP source without a CAA PP permit unless the complete CAAPP permit or renewal application for such source has been timely submitted to the Agency. c. No owner or o perator of a CAAPP source shall cause or threaten or allow the continued operation of an emission source during malfuncti on or breakdown of the emission source or rela ted air pollution control equipment if such operation would cause a violation of the standards or limitations applicabl e to the source, unless the CAAPP permit granted to the source provides for such operation consistent with th is Act and applicable Board regulations. 7. Permit Content. a. All CAAPP permits shall contain emission limitations and standards and other enforceable terms and conditions, including, but not limited to, operational requirements, and schedules for achieving compliance at the earliest reasonable date, which are or will be required to accomplish the purposes and provi sions of this Act and to assure compliance with all appl icable requirements. b. The Agency shall include among such conditions appli cable monitoring, reporting, recordkeeping, record keeping and complia nce certification requirements, as authorized by pa ragraphs (d), (e), and (f) of this subsection, that the Agency deems necessary to assure compliance with the Clean Air Act, the regulations promulgated thereunder, this Act, and applicable Board regulations. When monitoring, report ing, recordkeeping record keeping, and compliance certification requirements are specified within the Clean Air Act, regulations promulgated thereunde r, this Act, or applicable regulations, such requi rements shall be included within the CAAPP permit. The Boa rd shall have authority to promulgate additional regulations where necessary to accomplish th e purposes of the Clean Air Act, this Act, and regulatio ns promulgated thereunder. c. The Agency shall assure, within such conditio ns, the use of terms, test methods, units, averag ing periods, and other statistical conventi ons consistent with the applicable emission limitations, standards, and other requirements contained in the permit. d. To meet the requirements of this subsection with respect to monitoring, the permit shall: i. Incorporate and identify al l applicable emissions monitoring and analysis proc edures or test methods required under the Clean Air Act , regulations promulgated thereunder, this Act, and applicable Board regulations, incl uding any procedures and methods promulgated by USEPA pursuant to Secti on 504(b) or Section 114 (a)(3) of the Clean Air Act . ii. W here the applicable requirement does not require periodi c testing or instrumental or noninstrumental monitor ing (which may consist of recordkeeping designed to s erve as monitoring), require periodic monitoring suffici ent to yield reliable data from the relevant time period that is repr esentative of the source's compliance with the permit, as reported pursuant to paragraph (f) of this subsection. The Agency may determine that recordkeeping requirements are sufficient to meet the requirements of this subpar agraph. iii. As necessary, specify requirements concerning the use, maintenance, and when appropriate, installation of monitoring equipment or methods. e. To meet the require ments of this subsection with respect to rec ordkeeping record keeping, the permit shall incorporate and identify all a pplicable recordkeeping requirements and require, where applicable, the following: i. Records of required monitoring information t hat include the following: A. The date, place and time of sampling or measurements. B. The date(s) analys es were performed.

C. The company or entity that perf ormed the analyses. D. The analytical techniques or method s used. E. The results of such analyses. F. The operating conditio ns as existing at the time of sampling or measurement. ii. Retenti on of records of all monitoring data and support information for a period of a t least 5 years from the date of the monitoring sample, me asurement, report, or application. Support information includes all calibration and maintenance record s, original strip-chart recordings for continuou s monitoring instrumentation, and copies of all reports required by the permit. f. To meet the requirements of this subsection with respect to reporting, the permit sha ll incorporate and identify all applicable reporting requirem ents and require the following: i. Submittal of reports of any required monitoring every 6 months. More frequent submittals may be requested by the Age ncy if such submittals are necessary to assure compliance with this Act or regulations promulgated by the Board thereunder. All inst ances of deviations from permit requirements must be clearly identified in such reports. All required reports must be certified by a responsible official consistent with subsection 5 of this Section. ii. Prompt reporting of de viations from permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause of such devia tions, and any corrective actions or preventive measu res taken. g. Ea ch CAAPP permit issued under subsection 10 of this Se ction shall include a condition prohibiting emissions exceeding a ny allowances that the source lawfully holds under Title I V of the Clean Air Act or the regulations promulgated t hereunder, consistent with subsection 17 of this Section an d applicable regulations, if any. h. All CAAPP permits shall state that, where another applicable requirement of the Cle an Air Act is more stringent than any applicabl e requirement of regulations promulgated under T itle IV of the Clean Air Act, both provisions shall b e incorporated into the permit and shall be State and federally enforceable.

i. Each CAAPP permit issued under subsection 1 0 of this Section shall include a severability clause to ensure the continu ed validity of the various permit requirements in the event of a challenge to any portions of the permit. j. The following sha ll apply with respect to owners or operators requesti ng a permit shield: i. The Agency shall include in a CAAPP permit, when req uested by an applicant pursuant to paragraph (p) of subsection 5 of this Section, a provision stating that compliance with the conditions of the permit shall be deemed compliance with applicable requirements whic h are applicable as of the date of release of the proposed permit, provided that: A. The applicable require ment is specifically identified within the permit; o r B. The A gency in acting on the CAAPP application or revision d etermines in writing that other requirements specifically i dentified are not applicable to the source, and the permit includ es that determination or a concise summary thereof. ii. The permit shall id entify the requirements for which the source is shielded. The shield shall not extend to applicable requirements which are promulgated after the d ate of release of the proposed permit unless the permit has b een modified to reflect such new requirements. iii. A CAAPP permit which does not exp ressly indicate the existence of a permit shield shal l not provide such a shield. iv. Nothing in this paragraph or in a CAAPP permit shall alter or affect the fo llowing: A. The provisions of Section 303 (emergency powers) of the Clean Air Act , including USEPA's authority under that section. B. The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit iss uance. C. The applicable requirements of the acid rain program consistent with Section 408(a) of the Clean Air Act. D. The ability of USEPA to obtai n information from a source pursuant to Section 114 (inspections, monitoring, and entry) of the Clean Air Act. k. Each CAAPP permit shall include an emergency provision providing an affirmative defense of emergency to an action brought for noncompliance with technology-b ased emission limitations under a CAAPP permit if th e following conditions are met through properly signe d, contemporaneous operating logs, or other relevant evidence: i. An emergency occurred and the permittee can identify the cause(s) of the emergency. ii. The permitted facility was at the time being properly operated . iii. The permittee su bmitted notice of the emergency to the Agency within 2 working days after the time whe n emission limitations were exceeded du e to the emergency. This notice must contain a detailed descr iption of the emergency, any steps taken to mitigat e emissions, and corrective actions taken. iv. During the period of the emergency the permittee took all reasonable steps to minimize levels of emissions t hat exceeded the emission limitations, standards, or requirements in the permit. For purposes of this subsection, "e mergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, suc h as an act of God, that requires immediate corrective action to restore normal operation, and that causes the source to exceed a tec hnology-based emission limitation under the permit, d ue to unavoidable increases in emissions attributable to the emergenc y. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack o f preventative maintenance, careless or improper operat ion, or operation error. In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency ha s the burden of proof. This provision is in addit ion to any emergency or upset provision contained in any applicable requirement . This provision does not relieve a permittee of any re porting obligations under existing federal or state law s or regulations.

l. The Agency shall include in each permit issued under subsection 10 o f this Section: i. T erms and conditions for reasonably anticipated operating sc enarios identified by the source in its application. The pe rmit terms and conditions for each such operating scenario shall meet all applicable requirements and the requireme nts of this Section. A. Under this subparagraph, the source must record in a log at the permitted facility a record of the scenario und er which it is operating contemporaneously with making a change from one operating scenario to another. B. The permit sh ield described in paragraph (j) of subsection 7 of this Sec tion shall extend to all terms and conditions under each su ch operating scenario. ii. Where requested by an applicant, all terms and conditions allowing for trading of emissions i ncreases and decreases between different emission units at the CAAPP source, to the extent that the applicable requirements provide for trading of such emissions incre ases and decreases without a case-by-case approval of each emissions trade. Such terms and conditions: A. Shall include al l terms required under this subsection to determine co mpliance; B. Must meet all applicable requirements; C. Shall extend the permit shield described in paragraph (j) of subsection 7 of this Section to a ll terms and conditions that allow such incr eases and decreases in emissions. m. The Agency shall specifically design ate as not being federally enforceable under the Clean Air Act any terms and conditions included in the permit that are not specifically required under the Clean Air Act or federal regulations promulgated thereunder. Terms or conditions so designated shall be subject to all applicable State requirements, except the requi rements of subsection 7 (other than this paragraph, pa ragraph q of subsection 7, subsections 8 through 11, and subsections 13 through 16 of this Section). The Agency shall, however, include suc h terms and conditions in the CAAPP permit issued to the source. n. Each CAAPP permit issued under subsection 10 of this Section shall specify and reference the origin of and authority for each term or condition, and identify any difference in form as compared to the applic able requirement upon which the term or condition is based. o. Each CAAPP permi t issued under subsection 10 of this Section shall include provisions stating the following: i. Duty to comply. The permitt ee must comply with all terms and conditions of the CAAP P permit. Any permit noncompliance constitutes a violatio n of the Clean Air Act and the Act, and is grounds for an y or all of the following: enforcement action; permit termi nation, revocation and reissuance, or modification; or denial of a permit renewal application. ii. Need to halt or reduce activity not a defense. It shall not be a defense for a per mittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain c ompliance with the conditions of this permit. iii. Pe rmit actions. The permit may be modified, revoked, reopened , and reissued, or terminated for cause in accordance w ith the applicable subsections of this Section 39.5 of this Act. The filing of a request by the permittee for a permit modification, revocation an d reissuance, or termination, or of a notification of planned changes or anticipated nonco mpliance does not stay any permit condition. iv. Property rights. The p ermit does not convey any property rights of any sor t, or any exclusive privilege. v. Duty to provide information . The permittee shall furnish to the Agency within a reasonable time specified by the A gency any information that the Agency may request in writing to determine whether cause exists for modify ing, revoking and reissuing, or terminating the permit or to determine compliance with the permit. Up on request, the permittee shall also furnish to the A gency copies of records required to be kept by t he permit or, for information claimed to be confidential, the permittee may furnish such records d irectly to USEPA along with a claim of confidential ity. vi. Duty to pay fe es. The permittee must pay fees to the Agency consistent with the fee schedule approved pu rsuant to subsection 18 of this Section, and submit any information relevant thereto. vii. Emissions trading. No permit revision shall be required for increases in emissions allowe d under any approved economic incentives, marketable permits , emissions trading, and other similar programs or processes for changes that are provided for in the permit and that are authorized by the applicab le requirement. p. Each CAAPP permit issued under subsection 10 of this Section shall contain the following elements w ith respect to compliance: i. Compliance certification, testing, moni toring, reporting, and recordkeeping record keeping requiremen ts sufficient to assure compliance with the terms and conditions of the permit. Any document (including re ports) required by a CAAPP permit shall contain a certification by a responsible offic ial that meets the requirements of subsection 5 of this Sectio n and applicable regulations. ii. Inspection and entry req uirements that necessitate that, upon presentation of credentials and othe r documents as may be required by law and in accordance with constitutional limitations, the permittee shall allow the Agency, or an authorized representative to perfor m the following: A. Enter upon the permittee's premis es where a CAAPP source is located or emissions-related activity is conducted, or whe re records must be kept under the conditions of the permi t. B. Ha ve access to and copy, at reasonable times, any reco rds that must be kept under the conditions of the permit. C. Inspect at reasonable times any facilities , equipment (including monitoring and air pollution co ntrol equipment), practices, or operations regula ted or required under the permit. D. Sample or monitor any su bstances or parameters at any location: 1. As authorized by the Clean Air Act, at reasonable times, for the purpos es of assuring compliance with the CAAPP permit or appl icable requirements; or 2. As otherwise auth orized by this Act. iii. A schedule of compliance consistent with subsection 5 o f this Section and applicable regulations. iv. Progress reports consistent with an applicable schedule of compliance pursua nt to paragraph (d) of subsection 5 of this Section and applicable reg ulations to be submitted semiannually, or more frequently if the Agency determines that such more frequent submittals are necessary for compliance with the Act or regulations promulgated by the Board thereunder. Such progress r eports shall contain the following: A. Required dates for achieving the activities, milestones, or compliance require d by the schedule of compliance and dates when such activ ities, milestones, or compliance were achieved. B. An exp lanation of why any dates in the schedule of co mpliance were not or will not be met, and any p reventive or corrective measures adopted. v. Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, or work practices. Permits shall include each of the followin g: A. The freque ncy (annually or more frequently as specified in any applicable requirement or by the Agency pur suant to written procedures) of submissions of com pliance certifications. B. A means for assessing or monito ring the compliance of the source with its emiss ions limitations, standards, and work practices. C. A requirement that the compliance certification include the following: 1. The identificatio n of each term or condition contained in the permit that is th e basis of the certification. 2. The complianc e status. 3. Whether compliance was conti nuous or intermittent. 4. The method(s) used fo r determining the compliance status of the sou rce, both currently and over the reporting period c onsistent with subsection 7 of this Section. D. A requirement that all compliance certifications be su bmitted to the Agency. E. Additional requirement s as may be specified pursuant to Sections 114(a)(3) and 504(b) of the Clean Air Act. F. Other provisions as the Agency may requi re. q. If the owner or operator of CAA PP source can demonstrate in its CAAPP application, inc luding an application for a significant modification, that an alte rnative emission limit would be equivalent to that contained i n the applicable Board regulations, the Agency shall include the alternative emission limit in the CAAP P permit, which shall supersede the emission limit set forth in the applicable Board regulations, and shall include conditions that insure that the resulting emission limit is quantifiab le, accountable, enforceable, and based on replicable procedures. 8. Public Notice; Affected State Review. a. The Agency shall provide notice to the public , including an opportunity for public comment and a hea ring, on each draft CAAPP permit for issuance, renewal, or significant modification, subject to Section 7.1 and subsec tion (a) of Section 7 of this Act. b. The Agency shall pr epare a draft CAAPP permit and a statement that sets forth the legal and factual basis for the draft CAAPP permit conditions, including references t o the applicable statutory or regulatory provisions . The Agency shall provide this statement to any per son who requests it. c. The Agency shall give notice of each draft CAAPP permi t to the applicant and to any affected State on or before the time that the Agency has provided notice to the public, except as otherwise provided in this Act. d. The Agency, as part of its subm ittal of a proposed permit to USEPA (or as soon as possi ble after the submittal for minor permit modificatio n procedures allowed under subsection 14 of this Section), shall notif y USEPA and any affected State in writing of any refusal of the Agency to accept all of the recommendations for the proposed permit that an affected State submitted during the public or a ffected State review period. The notice shall include the Agency's reasons for not accepting the recommendations. The Agency is not required to accept recommendations that are not based on applicable requirements or the requirements of this Se ction. e. The Agency sha ll make available to the public any CAAPP permit applic ation, compliance plan (including the schedule of comp liance), CAAPP permit, and emissions or co mpliance monitoring report. If an owner or operator of a C AAPP source is required to submit information entitled t o protection from disclosure under Section 7.1 and subsecti on (a) of Section 7 of this Act, the owner or operator shall submit such inform ation separately. The requirements of Section 7.1 and subsec tion (a) of Section 7 of this Act shall apply to s uch information, which shall not be included in a CAAPP per mit unless required by law. The contents of a CAAPP permi t shall not be entitled to protection under Section 7.1 and subsection (a) of Section 7 of this Act. f. The Agency shall have the authority to adopt procedural rules, in accordance wit h the Illinois Administrative Procedure Act, as the Agenc y deems necessary, to implement this subsection. g. If requested by the permit applicant, the Agency shall provide the permit applicant with a cop y of the draft CAAPP permit prior to any public review peri od. If requested by the permit applicant, the Agency shal l provide the permit applicant with a copy of the final CAAPP permit prior to issuance of the CAAPP permit.

9. USEPA Notice and Objection. a. The Agency shal l provide to USEPA for its review a copy of each CAAPP application (including any application for permit modi fication), statement of basis as provided in paragraph (b) of subsection 8 of this Section, proposed CAAPP permit, CA APP permit, and, if the Agency does not incorporate any af fected State's recommendations on a proposed CAAPP permi t, a written statement of this decision and its reasons for not accepting the recommendations, except a s otherwise provided in this Act or by agreement with USEPA. To the extent practicable, the preceding in formation shall be provided in computer readable f ormat compatible with USEPA's national database management system. b. The Agency shall not iss ue the proposed CAAPP permit if USEPA objects in writi ng within 45 days after receipt of the proposed CAAPP per mit and all necessary supporting information.

c. If USEPA objects in wr iting to the issuance of the proposed CAAPP permit within the 45-day period, the Agency shall respond in writing and may revise and resub mit the proposed CAAPP permit in response to the stated obje ction, to the extent supported by the record, within 90 da ys after the date of the objection. Prior to submitting a revised permit to USEPA, the Agency shall provide the appl icant and any person who participated in the public comm ent process, pursuant to subsection 8 of this Section, with a 10-day period to comment on any revis ion which the Agency is proposing to make to th e permit in response to USEPA's objection in accordance wi th Agency procedures. d. Any USEPA objection under this subsection, accordin g to the Clean Air Act, will include a statement of reason s for the objection and a description of the ter ms and conditions that must be in the permit, in order to adequately respond to the objections. Grounds for a U SEPA objection include the failure of the Agency to: (1 ) submit the items and notices required under this su bsection; (2) submit any other information necessary to adeq uately review the proposed CAAPP permit; or (3) process the permi t under subsection 8 of this Section except for minor per mit modifications. e. If USEPA does not object in writing to issuance of a per mit under this subsection, any person may petition USEP A within 60 days after expiration of the 45-day review period to make such objection. f. If the permit has not yet been issued a nd USEPA objects to the permit as a result of a petition, the Ag ency shall not issue the permit until USEPA's objection h as been resolved. The Agency shall provide a 10-day comment period in accordanc e with paragraph c of this subsection. A petition do es not, however, stay the effectiveness of a permit or it s requirements if the permit was issued after expirati on of the 45-day review period and prior to a USEPA objection. g. If the Agency has issued a permit after expiration of the 45-day review period and prior to receipt of a US EPA objection under this subsection in response to a petit ion submitted pursuant to paragraph e of this subsec tion, the Agency may, upon receipt of an objection fro m USEPA, revise and resubmit the permit to USEPA pursuant to this su bsection after providing a 10-day comment period in acco rdance with paragraph c of this subsection. If the Age ncy fails to submit a revised permit in response to the objection , USEPA shall modify, terminate, or revok e the permit. In any case, the source will not be in viol ation of the requirement to have submitted a timely and comp lete application. h. The Agency shall have the authority to adopt procedural rules, in accordance with the Illinois Administrative Procedure Act, as the Agency deems necessary, to implement this subs ection. 10. Final Agency Act ion. a. The Agency shall issue a CAAPP permit, permit modification, or permit renewal if all of the following conditions are met: i. The applicant has submi tted a complete and certified application for a permit, pe rmit modification, or permit renewal consistent with subse ctions 5 and 14 of this Section, as applicable, and a pplicable regulations. ii. The applicant has submitted with its complete app lication an approvable compliance plan, including a sch edule for achieving compliance, consistent with subsection 5 of this Section and applicable regulations.

iii. The applicant has timely paid the fees requ ired pursuant to subsection 18 of this Section and appli cable regulations.

iv. The Agency has received a comple te CAAPP application and, if necessary, has reques ted and received additional information from the a pplicant consistent with subsection 5 of this Section and applicable re gulations. v. The Agency has complied with all applicable provisions regarding public notice and affected State review consi stent with subsection 8 of this Section and appli cable regulations. vi. The Agency has provided a copy of eac h CAAPP application, or summary thereof, pursuan t to agreement with USEPA and proposed CAAPP permit r equired under subsection 9 of this Section to USEPA, and USEPA has not objected to the issuance of the permit in accord ance with the Clean Air Act and 40 CFR Part 70. b. The Agency shall hav e the authority to deny a CAAPP permit, perm it modification, or permit renewal if the applicant has not complied with the requirements of subp aragraphs (i) through (iv) of paragraph (a) of this sub section or if USEPA objects to its issuance. c. i. Prior to denial of a CAA PP permit, permit modification, or permit renewal under this Section, the Agency shall notify the ap plicant of the possible denial and the reasons fo r the denial. ii. Within such notice, the Agency shall specify an appro priate date by which the applicant shall adequately re spond to the Agency's notice. Such date shall not ex ceed 15 days from the date the notification is received b y the applicant. The Agency may grant a reasonable extension for good cause shown. iii. Failure by the applicant to adequately respond by the date specified in the notification or by any granted extension date shall be grounds for denial of the permit. For purposes of obtaining judicial review under Sections 40.2 and 41 of this Act, the Agency shall provide to USEPA and each appli cant, and, upon request, to affected States, any per son who participated in the public comment process, and any other person who could obtain judicial review under Sections 40.2 and 41 of this Act, a copy of each CAAPP permit or notificati on of denial pertaining to that party. d. The Agency shall have the aut hority to adopt procedural rules, in accordance with the Illinois Ad ministrative Procedure Act, as the Agency deems necessary, to implement this subsection. 11. General Permits.

a. The Agency may issue a gener al permit covering numerous similar sources, except fo r affected sources for acid deposition unless otherwise provided in regulations prom ulgated under Title IV of the Clean Air Act. b. The Agency shall identify, in any general permit, criteria by which sources m ay qualify for the general permit. c. CAAPP sources that would qualify for a general permit must apply for coverage under the t erms of the general permit or must apply for a CAAPP permit consistent with subsection 5 of this Section and applicable regulations. d. The Agency shall comply with the public comment and hearing provisions of this Section as well as the USEPA and affected State revi ew procedures prior to issuance of a general permit. e. When granting a subsequent request by a qualifyin g CAAPP source for coverage under the terms of a g eneral permit, the Agency shall not be required to repeat the public no tice and comment procedures. The granting of such request shall not be considered a final permit action fo r purposes of judicial review. f. The Agency may not issue a general permit to c over any discrete emission unit at a CAAPP source if another CAAPP permit cove rs emission units at the source. g. The Agency shall have the authority to ado pt procedural rules, in accordance wi th the Illinois Administrative Procedure Act, as the Age ncy deems necessary, to implement this subsection. 12. Operational Flexibility. a. An owner or o perator of a CAAPP source may make changes at the CAAPP source without requiring a prior permit revisio n, consistent with subparagraphs (i) through (iii) of pa ragraph (a) of this subsection, so long as the changes are not modifications under any provision of Title I of the Clean Air Act and they do not exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or in terms of total emissions), provided that the owner or operator of the CAAPP source pr ovides USEPA and the Agency with written notification as r equired below in advance of the proposed changes, which sh all be a minimum of 7 days, unless otherwise provided by the Agency in applicable regulations regarding emergencies. The owner or operator of a CAAPP source and the Agency shall each attach such notice to their copy of the relevant permit. i. An owner or ope rator of a CAAPP source may make Section 502 (b) ( 10) changes without a permit revision, if the changes are not modificati ons under any provision of Title I of the Clean Air Act an d the changes do not exceed the emissions allowable under the permit (whether expressed therein as a rate of em issions or in terms of total emissions). A. For each such change, the written notification required above shall include a brief d escription of the change within the source, the date on whic h the change will occur, any change in emissions, and any p ermit term or condition that is no longer applicabl e as a result of the change. B. The permit shield described in parag raph (j) of subsection 7 of this Section shall not apply to any change made pursuant to this subparagraph. ii. An owner or operator of a CAAPP source may trade increases and decre ases in emissions in the CAAPP source, where the applicabl e implementation plan provides for such emission t rades without requiring a permit revision. This provision is av ailable in those cases where the permit does n ot already provide for such emissions trading.

A. Under this subparagraph (ii) of paragraph (a) of this subsecti on, the written notification required above shall i nclude such information as may be required by the provision in the appli cable implementation plan authorizing the emissions tra de, including, at a minimum, wh en the proposed changes will occur, a description of each such change, any change in emissions, the permit requirements with which the source will co mply using the emissions trading provisions of the applicable implementation pla n, and the pollutants emitted subject to the emissions trade. The notice shall also refer to the provisions in the applicable implementation plan with which the source will comply and provide f or the emissions trade.

B. The permit shield described in para graph (j) of subsection 7 of this Section shall not app ly to any change made pursuant to subparagraph (ii) of paragraph (a) of this subsection. Compliance with the permit requirements that the source will meet using the emissions trade shall be determined according to the requirements of the applicable implementation plan authori zing the emissions trade.

iii. If requested within a CAAP P application, the Agency shall issue a CAAPP permi t which contains terms and conditions, includi ng all terms required under subsection 7 of this Section to determine compliance, allowing for the trading of emissi ons increases and decreases at the CAAPP sou rce solely for the purpose of complying with a federally enforceable federally-enforceable emi ssions cap that is established in the permit indepe ndent of otherwise applicable requirements . The owner or operator of a CAAPP source shal l include in its CAAPP application proposed repli cable procedures and permit terms th at ensure the emissions trades are quantifiable and enforceabl e. The permit shall also require compliance wi th all applicable requirements. A. Under this subparagraph (iii) of paragraph (a), the written notification required above shall state when the change will occur and shall describe the changes i n emissions that will result and how these incr eases and decreases in emissions will comply w ith the terms and conditions of the permit. B. The permit shield descr ibed in paragraph (j) of subsection 7 of this Secti on shall extend to terms and conditions that allow suc h increases and decreases in emissions. b. An owner or operator of a C AAPP source may make changes that are not addressed or prohibited by the permit, other than those which are subject to any requirements under Title IV of the Clean Air Act or are modifica tions under any provisions of Title I of the Clean A ir Act, without a permit revision, in accordance wit h the following requirements:

(i) Each such change shall meet all applicable requirements and shall not violate any existing permit term or condition; (ii) Sources must provide contemporaneous written notice to the Agency and USEPA of each such change, except for changes that qualify as insigni ficant under provisions adopted by the Agency or th e Board. Such written notice shall describe each su ch change, including the date, any change in emis sions, pollutants emitted, and any ap plicable requirement that would apply as a result of the chang e; (iii) The change shall not qualify for the shield descr ibed in paragraph (j) of subsection 7 of this Section; an d (iv) The permi ttee shall keep a record describing changes made at the source that result in emissions of a regulated air pollutant subject to an applicable Clean Air Act re quirement, but not otherwise regulated under the permit, an d the emissions resulting from those changes. c. The Agency shall have the au thority to adopt procedural rules, in accordance with the I llinois Administrative Procedure Act, as the Agency dee ms necessary to implement this subsection. 13. Administrative Permit Amendments.

a. The Agency sh all take final action on a request for an administrativ e permit amendment within 60 days after receipt of t he request. Neither notice nor an opportunity fo r public and affected State comment shall be required for the Agency to incorporate such revisio ns, provided it designates the permit revisions as having been made pursu ant to this subsection. b. The Agency shall submit a copy of the revised permi t to USEPA. c. For purposes of this Section the term "administrative permit amendment" shall be defined as a permit revision that can accomplish one or more of the changes des cribed below:

i. Corrects typographical errors; ii. Identifies a cha nge in the name, address, or phone number of any perso n identified in the permit, or provides a similar minor administrative change at the source; iii. Requires more frequent monitori ng or reporting by the permittee; iv. Allows for a change in ownership or operational c ontrol of a source where the Agency determines that no o ther change in the permit is necessary, provided that a wr itten agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the Agency; v. I ncorporates into the CAAPP permit the requirements from preconstruction review permits authorized und er a USEPA-approved program, provided the program meets procedural and compliance requirements su bstantially equivalent to those contained in this Secti on; vi. (Blan k); or vii. Any other type of chan ge which USEPA has determined as part of the approved CAAPP p ermit program to be similar to those included in this subsection. d. Th e Agency shall, upon taking final action granting a request for an administrative permit amendm ent, allow coverage by the permit shield in paragraph (j) of subsection 7 of this Section for administrative permit amendments made pursuant to subparagraph ( v) of paragraph (c) of this subsection which meet the relevant requirements for significant pe rmit modifications. e. Permit revisions and modifications, includin g administrative amendments and automatic amendments (pursuant to Sections 408(b) and 403( d) of the Clean Air Act or regulations promulgated the reunder), for purposes of the acid rain portion o f the permit shall be governed by the regulations promulga ted under Title IV of the Clean Air Act. Own ers or operators of affected sources for acid d eposition shall have the flexibility to amend their comp liance plans as provided in the regulations promulgated u nder Title IV of the Clean Air Act. f. The CAAPP source may implement t he changes addressed in the request for an admin istrative permit amendment immediately up on submittal of the request. g. The Agency shall have the authority to adopt proce dural rules, in accordance with the Illinois Admin istrative Procedure Act, as the Agency deems necessary, to implement this subsection. 14. Permit Modifications. a. Minor permit modification procedures. i. The Agency shall review a permit modification using the "minor permit" modification procedures only for those permit modifications that: A. Do not viol ate any applicable requirement; B. Do not involve significant changes to existing monitoring, reporting, or recordkeeping requi rements in the permit; C. Do not require a case- by-case determination of an emission limitation or other standard, or a source-specific determination of ambient impac ts, or a visibility or increment analysis; D. Do not seek to establish or change a permit term or condition for which there is no corresponding underlying requirement and which avoids an applic able requirement to which the source would otherwi se be subject. Such terms and conditions include: 1. A federally enforcea ble emissions cap assumed to avoid classification as a modification under an y provision of Title I of the Clean Air Act; and 2. An alterna tive emissions limit approved pursuant to regulations promulgated under Section 112(i)(5) of the Clean Air Act;

E. Are not modifications under any provision of Title I of the Clean Air Act; and F. Are not required to be processed as a significant modification. ii. N otwithstanding subparagraph (i) of paragraph (a) a nd subparagraph (ii) of paragraph (b) of this subsection , minor permit modification procedures may be used for permit modifi cations involving the use of economic incentives, marketable perm its, emissions trading, and other simila r approaches, to the extent that such minor per mit modification procedures are explicitly pro vided for in an applicable implementation plan or in applicable requirements promulgated by USEPA. iii. An applicant reques ting the use of minor permit modifica tion procedures shall meet the requirements of subsection 5 of this Section and shall include the f ollowing in its application: A. A description of the change, t he emissions resulting from the change, and any new applicable requir ements that will apply if the change occurs; B. The source's suggested draft permi t; C. Certif ication by a responsible official, consistent with para graph (e) of subsection 5 of this Section and applicable regul ations, that the proposed modification meets the cr iteria for use of minor permit modification procedure s and a request that such procedures be used; and D. Compl eted forms for the Agency to use to notify USEPA and affected States as required under subsections 8 and 9 of this Section. iv. Within 5 working days afte r receipt of a complete permit modification applica tion, the Agency shall notify USEPA and affected States of the requested permit modification in accordan ce with subsections 8 and 9 of this Section. The Agency promptly shall send any notice required under paragraph (d) of subsect ion 8 of this Section to USEPA. v. The Agency may not issue a final permi t modification until after the 45-day review period for USEPA or until USE PA has notified the Agency that USEPA will not object to the issuance of the permit mod ification, whichever comes first, although the Agency can appr ove the permit modification prior to that time. W ithin 90 days after the Agency's receipt of an app lication under the minor permit modification proc edures or 15 days after the end of USEPA's 45-day review period under subsection 9 of this Section, whichever i s later, the Agency shall:

A. Issue the permit modification as pro posed; B. Deny the permit modification application; C. Determine that the requeste d modification does not meet the minor permit modification criteria and should be reviewed unde r the significant modification procedures; or D . Revise the draft permit modification and transm it to USEPA the new proposed permit modification as required by subsection 9 of this Sectio n. vi. Any CAAPP so urce may make the change proposed in its minor per mit modification application immediately after it fi les such application. After the CAAPP source makes the change allowed by the preceding sentence, and u ntil the Agency takes any of the actions specified in items (A) through (C) of subparagraph (v) of paragrap h (a) of this subsection, the source must comply with both t he applicable requirements governing the change an d the proposed permit terms and conditions. During this time period , the source need not comply with the existing permit terms and conditions it seeks to modify . If the source fails to comply with its proposed permit terms and conditions during this ti me period, the existing permit terms and conditions which it se eks to modify may be enforced against it. vii . The permit shield under paragraph (j) of subsection 7 of this Secti on may not extend to minor permit modifications. viii. If a con struction permit is required, pursuant to subsect ion (a) of Section 39 of this Act and regulations thereunder, for a change for which the minor permi t modification procedures are applicable, the source may request that the processing of the construc tion permit application be consolidated with the proces sing of the application for the minor permit mod ification. In such cases, the provisions of th is Section, including those within subsections 5, 8, a nd 9, shall apply and the Agency shall act on su ch applications pursuant to subparagraph (v) of par agraph (a) of subsection 14 of this Section. The sourc e may make the proposed change immediately after fil ing its application for the minor permit modification. Nothing in this subparagraph shall otherwise affect the requirements and procedures applicable to co nstruction permits. b. Group Processing of Minor Permit Modifications. i. Where requested by an applicant within its application, the Agency shal l process groups of a source's applications for cer tain modifications eligible for minor permit modificatio n processing in accordance with the provisions of thi s paragraph (b). ii. Permit modifications may be processed in accor dance with the procedures for group processing, fo r those modifications: A. Which meet the criteria for minor p ermit modification procedures under subparagraph (i) of paragraph (a) of subsection 14 of this Section; an d B. That collectively are below 10 percent of the emiss ions allowed by the permit for the emissions unit for which change is requested, 20 percent of the applicab le definition of major source set forth in subsection 2 of this Section, or 5 tons per year, whichever is least. iii. An applicant requesting the use of gr oup processing procedures shall meet the requirements of subsection 5 of this Section and shall include the following in its application:

A. A desc ription of the change, the emissions resulting f rom the change, and any new applicable requirements t hat will apply if the change occurs. B. The source's suggested draft permit. C. Certification by a responsible official consistent with paragraph (e) of subsection 5 of this Section, that the proposed modification m eets the criteria for use of group processing proc edures and a request that such procedures be use d. D. A list of the source's other pending applic ations awaiting group processing, and a dete rmination of whether the requested modification, aggregated with these other applications, equa ls or exceeds the threshold set under item (B) of subparagraph (ii) of paragraph (b) of this subsection. E. Certification, consist ent with paragraph (e) of subsection 5 of this Sectio n, that the source has notified USEPA of the propos ed modification. Such notification need only contain a brie f description of the requested modification. F. Completed forms for the Agency to use to notify USEPA and affected states as required under subsect ions 8 and 9 of this Section. iv. On a quarter ly basis or within 5 business days after receipt of an applic ation demonstrating that the aggregate of a sourc e's pending applications equals or exceeds the thre shold level set forth within item (B) of subparagraph (ii) of paragraph (b) of this subsec tion, whichever is earlier, the Age ncy shall promptly notify USEPA and affected States of the requested permit modifications in accordance with subsections 8 and 9 of this Sectio n. The Agency shall send any notice requir ed under paragraph (d) of subsection 8 of this Sec tion to USEPA. v. The provisions of subparagraph (v) of parag raph (a) of this subsection shall apply to modifications eligi ble for group processing, except that the Agen cy shall take one of the actions specified in items (A) through (D) of subparagraph (v) of p aragraph (a) of this subsection within 180 days after receipt of the application or 15 days after the end of USEPA's 45-day review perio d under subsection 9 of this Section, whichever is later. vi. The provisions of subparagraph (vi) of paragraph (a) of this subsection shall apply to modifications for group processing. vii. The provisions of paragraph (j) of subsection 7 of this Section shall no t apply to modifications eligible for group pr ocessing. c. Sig nificant Permit Modifications. i. Significant modification procedures shall be used for applications requesting significant permit modifications and for those a pplications that do not qualify as either minor permit modifications or as administrative permit amendments. ii. Every significant change in e xisting monitoring permit terms or conditions and ever y relaxation of reporting or recordkeeping requiremen ts shall be considered significant. A modification s hall also be considered significant if in the judgmen t of the Agency action on an application for modification wou ld require decisions to be made on technically com plex issues. Nothing herein shall be construed to preclude the permittee from making changes consistent with this Section that would render existing per mit compliance terms and conditions irrelevant. iii. Significant permit modifications m ust meet all the requirements of this Section, incl uding those for applications (including completeness review) , public participation, review by affected States, and review by USEPA a pplicable to initial permit issuance and permit renewal. The Agency shall take final action on significant permi t modifications within 9 months after receipt of a co mplete application. d. The Agency shall have the authority to adopt procedural rules, in accordance with the Illinois Administrative Procedure Act, as the Agency deems necessary, t o implement this subsection.

15. Reopenings for Cause by the Agency. a. Each issued CAAPP permi t shall include provisions specifying the conditions under which the permit will be reopened prior to t he expiration of the permit. Such revisions shall be made as expeditiously as practicable. A CAAPP permit s hall be reopened and revised under any of the follow ing circumstances, in accordance with procedures adopted by the Agency: i. Additional requir ements under the Clean Air Act become applicable to a major CAAPP source for which 3 or more years remai n on the original term of the permit. Such a reopenin g shall be completed not later than 18 months after th e promulgation of the applicable requirement. No such r evision is required if the effective date of the req uirement is later than the date on which the permit is due to expire. ii. Additiona l requirements (including excess emissions require ments) become applicable to an affected source for acid deposition under the acid rain program. Excess emissions offset pl ans shall be deemed to be incorporated into the permit upon approval by USEPA. iii. The Agency or USEPA determines that the permit contains a ma terial mistake or that inaccurate statements were mad e in establishing the emissions standards, limitations, or other terms or conditions of the permit. iv. The Agency or USEPA determine s that the permit must be revised or revoked to assu re compliance with the applicable requirements. b. In the event that the Agency de termines that there are grounds for revoking a CA APP permit, for cause, consistent with paragraph a of this subsection, it shall file a petition bef ore the Board setting forth the basis for such revoca tion. In any such proceeding, the Agency shall have the burden of establishing that the permit should be revoked under the standard s set forth in this Act and the Clean Air Act. Any such pr oceeding shall be conducted pursuant to the Boar d's procedures for adjudicatory hearings and the Bo ard shall render its decision within 120 days of the filing of the petition. The Agency shall take f inal action to revoke and reissue a CAAPP permit consistent with the Board's order. c. Proceedings regarding a reopened CAAP P permit shall follow the same procedures as apply to initial permit issuance and shall affect only thos e parts of the permit for which cause to reo pen exists. d. Reopenings un der paragraph (a) of this subsection shall not be ini tiated before a notice of such intent is provided to the C AAPP source by the Agency at least 30 days in advance of the date that the permit is to be reopened, except that the Agency may provide a shorter time period in the case of an emergency. e. T he Agency shall have the authority to adopt procedural r ules, in accordance with the Illinois Administrative P rocedure Act, as the Agency deems necessary, to implemen t this subsection. 16. Reo penings for Cause by USEPA. a. When USEPA finds that cause exists t o terminate, modify, or revoke and reissue a CAAPP permi t pursuant to subsection 15 of this Section, and thereafter notifies the Agency and the permittee of such finding in writing, the Agency shall forward to USEPA and the permittee a proposed determin ation of termination, modification, or revocation and reissuance as appropriate, in accordance with paragraph ( b) of this subsection. The Agency's proposed determination shal l be in accordance with the record, the Clean Air Act, regu lations promulgated thereunder, this Act and regulations promulgated thereunder. Such proposed determination shall no t affect the permit or constitute a final permit action fo r purposes of this Act or the Administrative Review Law. The Agency shall forward to USEPA such proposed determinat ion within 90 days after receipt of the notification f rom USEPA. If additional time is necessary to subm it the proposed determination, the Agency shall re quest a 90-day extension from USEPA and shall submit the proposed determination within 180 days after receipt of notification fro m USEPA. b. i. Pr ior to the Agency's submittal to USEPA of a proposed dete rmination to terminate or revoke and reissue the permit, th e Agency shall file a petition before the Board setting f orth USEPA's objection, the permit record, the Agency's pro posed determination, and the justification for its propose d determination. The Board shall conduct a hearing pursuant to the rules prescribed by Section 32 of this Act, and the burden of proof shall be on the Agency. ii. After due consid eration of the written and oral statements, the testimony and arguments that shall be submitted at hearing, the Boar d shall issue and enter an interim order for the pro posed determination, which shall set forth all changes, if any, required in the Agency's proposed determinatio n. The interim order shall comply with the requirements for final orders as set forth in Section 33 of this Act. I ssuance of an interim order by the Board under this paragraph , however, shall not affect the permit status and does n ot constitute a final action for purposes of this Act or the Administra tive Review Law. iii. T he Board shall cause a copy of its interim order t o be served upon all parties to the proceeding as wel l as upon USEPA. The Agency shall submit the proposed determination to USEPA in accordance with the Board' s Interim Order within 180 days after receipt of the n otification from USEPA. c. USEPA shall review the proposed determin ation to terminate, modify, or revoke and reissue the permit within 9 0 days after receipt. i. When USEPA reviews the proposed determinati on to terminate or revoke and reissue and does not ob ject, the Board shall, within 7 days after r eceipt of USEPA's final approval, enter the interim o rder as a final order. The final order may be appealed as provided by Title XI of this Act. The Agency shal l take final action in accordance with the Board's f inal order.

ii. When USEPA reviews such proposed determination to terminate or revoke and reissue and objects, the Agency shall submit USEPA's objection and the Agency's comments and recommendation o n the objection to the Board and permittee. The Board shall r eview its interim order in response to USEPA's objecti on and the Agency's comments and recommendation and issue a final order in accordance with Sections 32 and 33 of this Act. The Agency shall, within 90 days after receipt of such objection, respond to USEPA's objection i n accordance with the Board's final order. iii. When USEPA reviews such prop osed determination to modify and objects, the Agency shall, within 90 days after receipt of the objection, resolv e the objection and modify the permit in accorda nce with USEPA's objection, based upon the record, th e Clean Air Act, regulations promulgated thereunder, t his Act, and regulations promulgated thereunder. d. If the Agency fails to submit the proposed determination pursuant to paragraph a of this subsection or fa ils to resolve any USEPA objection pursuant to paragraph c of t his subsection, USEPA will terminate, modify, or rev oke and reissue the permit. e. The Agency shall have the authority to ad opt procedural rules, in accordance with the Ill inois Administrative Procedure Act, as the Agency deems necessary, to implement this subsection. 17. Title IV; Acid Rain Provisions.

a. The Agency shall act on initial CAAPP applications for affected sources for acid deposition in accordance with this Section and Title V of the Clean Air Act and regulations promulgated thereunder, except as modified by Title IV of the Clea n Air Act and regulations promulgated thereunder. The A gency shall issue initial CAAPP permits to the affected sources for acid deposition which shall become effe ctive no earlier than January 1, 1995, and which shall terminate on December 31, 1999, in accordance with this Section. Subs equent CAAPP permits issued to affected sources for acid deposition shall be issued for a fixed term of 5 yea rs. Title IV of the Clean Air Act and regulations pr omulgated thereunder, including, bu t not limited to, 40 CFR C.F.R. Part 72, as now or hereafter a mended, are applicable to and enforceable under th is Act. b. A de signated representative of an affected source for acid deposition shall submit a timely and complete Phase II acid rain permit applicati on and compliance plan to the Agency, not later than January 1, 1996, that meets the requirements of Titles IV and V of the Clean Air Act and regulations. The Agency shal l act on the Phase II acid rain permit application and com pliance plan in accordance with this Section and Title V o f the Clean Air Act and regulations promulgated thereunde r, except as modified by Title IV of the Clean Air Act a nd regulations promulgated thereunder. The Agency shal l issue the Phase II acid rain permit to an affected sourc e for acid deposition no later than December 31, 1997, which shall become effective on January 1, 2000, in accord ance with this Section, except as modified by Title IV an d regulations promulgated thereunder; provided that the designated represe ntative of the source submitted a timely and complete Phase II permit application and compliance plan to the Agency th at meets the requirements of Title IV and V of the Clean Air Act and regulations.

c. Each Phase II acid rain per mit issued in accordance with this subsection shall hav e a fixed term of 5 years. Except as provided in paragraph b above, the Agency shall issue or deny a Phase II acid r ain permit within 18 months of receiving a complete Phase II permit application and compliance plan. d. A designated representative of a ne w unit, as defined in Section 402 of the Clean Air Act, shall submit a timely and complete Phase II acid rain per mit application and compliance plan that meets the require ments of Titles IV and V of the Clean Air Act and its regu lations. The Agency shall act on the new unit's Phase II a cid rain permit application and compliance plan in accor dance with this Section and Title V of the Clean Air Act and its regulations, except as modified by Title IV of the Clean Air Act and its regulations. The Agency shall reopen the new unit's CAAPP permit for cause to incorporate the approved Phase II acid rain permit in accordance wit h this Section. The Phase II acid rain permit for the new un it shall become effective no later than th e date required under Title IV of the Clean Air Act and its r egulations. e. A desig nated representative of an affected source for acid deposi tion shall submit a timely and complete Title IV NOx permit application to the Agency, not later than January 1, 19 98, that meets the requirements of Titles IV a nd V of the Clean Air Act and its regulations. The Agen cy shall reopen the Phase II acid rain permit for cause and incorporate the approved NOx provisions into the Phase II acid rain permit not later than January 1, 1999, in accord ance with this Section, except as modified by Title IV of the Clean Air Act and regulations promulgated there under. Such reopening shall not affect the term of the Pha se II acid rain permit. f. The designated representative of the affected sou rce for acid deposition shall renew the initial CAAPP per mit and Phase II acid rain permit in accordance with this Section and Title V of the Clean Air Act and regulatio ns promulgated thereunder, except as modified by Title I V of the Clean Air Act and regulations promulgated ther eunder. g. In the case of an affected source for ac id deposition for which a complete Phase II acid rain permi t application and compliance plan are timely received u nder this subsection, the complete permit application and compliance plan, including amendments thereto, shall be binding on the owner, operator and designated represen tative, all affected units for acid deposition at the affe cted source, and any other unit, as defined in Section 402 of the Clean Air Act, governed by the Phase II acid rain p ermit application and shall be enforceable as an acid r ain permit for purposes of Titles IV and V of the Clean Ai r Act, from the date of submission of the acid rain perm it application until a Phase II acid rain permit is issued o r denied by the Agency. h. The Agency shall not include or implement any meas ure which would interfere with or modify the requirement s of Title IV of the Clean Air Act or regulations promulgated thereunder. i. Nothing in this Section shall be construed as affectin g allowances or USEPA's decision regardin g an excess emissions offset plan, as set forth in T itle IV of the Clean Air Act or regulations promulgated th ereunder. i. No p ermit revision shall be required for increases in emi ssions that are authorized by allowances acquired pursua nt to the acid rain program, provided that suc h increases do not require a permit revision under any oth er applicable requirement. ii. No limit shall be placed on the number of allowances held by the source. The source may not, howeve r, use allowances as a defense to noncompliance with any ot her applicable requirement. iii. Any such allowance shall be accounted for according to the procedures established in regulations promul gated under Title IV of the Clean Air Act. j. To the extent that the federal regulations promulgated under Title IV, i ncluding, but not limited to, 40 CFR C.F.R. Part 72, as now or hereafter amended, are incons istent with the federal regulations promulgated under Titl e V, the federal regulations promulgated under Title IV shall take precedence. k. The USEPA may intervene a s a matter of right in any permit appeal invol ving a Phase II acid rain permit provision or denial of a Phase II acid rain permit.

l. It is unlawful for any owner or operator to violate any terms o r conditions of a Phase II acid rain permit issued under t his subsection, to operate any affected source for acid deposition except in compliance with a Phase II a cid rain permit issued by the Agency under this subsection, or to vi olate any other applicable requirements. m. The designated representative of an affected source for acid deposition shall submit to the Agency the data and i nformation submitted quarterly to USEPA, pursuant to 40 CFR 75.64, concurrently with the submission to USEPA. The submission shall be in the same ele ctronic format as specified by USEPA. n. The Agency shall act on any petition for exemption of a new unit or retired un it, as those terms are defined in Section 402 of the Clea n Air Act, from the requirements of the acid rain program in accordance with Title IV of the Clean Air Act and its regulat ions. o. The Agen cy shall have the authority to adopt procedural rules, in accordance with the Ill inois Administrative Procedure Act, as the Agency deems neces sary to implement this subsection. 18. Fee Provisions. a. A source subject to this Section or exclu ded under subsection 1.1 or paragraph (c) of subsection 3 of this Section, shall pay a fee as provided in this paragraph (a) of subsection 18. Howev er, a source that has been excluded from the provisions of th is Section under subsection 1.1 or under paragraph (c) o f subsection 3 of this Section because the source emits le ss than 25 tons per year of any combination of regulated air pollutants, except greenhouse gases, shall pay fees i n accordance with paragraph (1) of subsection (b) of Section 9.6. i. The fee for a source allowed to emit less than 100 tons p er year of any combination of regulated air pollutants, exc ept greenhouse gases, shall be $1,800 per year, and that fee shall increase, beginning January 1, 2012, to $2,150 per year. ii. The fee f or a source allowed to emit 100 tons or more per y ear of any combination of regulated air pollutants , except greenhouse gases and those regulated air pollutants excluded in paragraph (f) of this subsection 18, shall be as follows: A . The Agency shall assess a fee of $18 per ton, per year for the allowable emissions of regulated air pollutants su bject to this subparagraph (ii) of paragraph (a) of subsect ion 18, and that fee shall increase, beginning January 1, 2012, to $21.50 per ton, per year. These fees shall be used by the Agency and the Board to fund the activities re quired by Title V of the Clean Air Act including such activ ities as may be carried out by other State or local agenci es pursuant to paragraph (d) of this subsection. The amount of such fee shall be based on the information supplied by the applicant in its complete CAAPP permit application or in the CAAPP permit if the permit has been granted an d shall be determined by the amount of emissions that the source is allowed to emit annually, provided however, tha t the maximum fee for a CAAPP permit under this subparagraph ( ii) of paragraph (a) of subsection 18 is $250,000, an d increases, beginning January 1, 2012, to $29 4,000. Beginning January 1, 2012, the maximum fee unde r this subparagraph (ii) of paragraph (a) of subsection 18 for a sourc e that has been excluded under subsection 1.1 of this Section or under paragraph (c) of subsection 3 of thi s Section is $4,112. The Agency shall pro vide as part of the permit application form requi red under subsection 5 of this Section a separate f ee calculation form which will allow the applican t to identify the allowable emissions and calculat e the fee. In no event shall the Agency raise th e amount of allowable emissions requested by the applicant unless such increases are requ ired to demonstrate compliance with terms of a CAA PP permit. Notwithstanding the above, a ny applicant may seek a change in its permit which would result in increases in allowable emissions d ue to an increase in the hours of operation or production rates of an emission unit or units and such a change shall be consistent with the c onstruction permit requirements of the existing S tate permit program, under subsection (a) of Section 39 of this Act and applicable provision s of this Section. Where a construction perm it is required, the Agency shall expeditiously gr ant such construction permit and shall, if ne cessary, modify the CAAPP permit based on the same application. B. The applicant or permittee may pay the fee annually or semiannually for those fees greater than $5,000. However, any applicant pa ying a fee equal to or greater than $100,000 shall pay the full amount on July 1, for the subsequent f iscal year, or pay 50% of the fee on July 1 and the remaining 50% by the next January 1. The Agency may change any annual billing date upon reasonable notice, but shall prorate the new bill so that the permittee or applicant does not pay more than its required fees for the fee period for which payment is made.

b. (Bla nk). c. (Blank ). d. There is hereby created in the State Treasury a specia l fund to be known as the Clean Air Act Permit Fu nd (formerly known as the CAA Permit Fund). All Funds collected by the Agency pursuant to this subsection shall be deposited into the Fund. The General Assembly shall appropriate mon ies from this Fund to the Agency and to the B oard to carry out their obligations under this Section. The General Assembly may als o authorize monies to be granted by the Agency from this Fund to other State and local agencies which perform du ties related to the CAAPP. Interest generated on the monies deposited in this Fund shall be retur ned to the Fund. e. The Agency shall have the authority to adopt procedural rules, in accordance with the I llinois Administrative Procedure Act, as the Agency deems necessary to implement this subsection. f. For purposes of this subsection, the term "regulated air pollutant" shall have the meaning given to it un der subsection 1 of this Section but shall excl ude the following: i. carbon monoxide; ii. any Class I or II substance which is a regulated air pollutant solely because it is list ed pursuant to Section 602 of the Clean Air Act; and iii. any pollutant that is a regulated air pollutant solely because it is subj ect to a standard or regulation under Section 112(r) of t he Clean Air Act based on the emissions allowed in th e permit effective in that calendar year, at the time th e applicable bill is generated. 19. Air Toxics Provisions. a. In the event that the USEPA fails to promulgate in a timely manner a standard pursuant to Section 112( d) of the Clean Air Act, the Agency shall have the authority to issue permits, pursuant to Section 1 12(j) of the Clean Air Act and regulations promulgated thereunder, wh ich contain emission limitations which are equivale nt to the emission limitations that would apply to a sourc e if an emission standard had been promulgated in a time ly manner by USEPA pursuant to Section 112(d ). Provided, however, that the owner or operator of a source shall have the opportunity to submit to the Agency a pr oposed emission limitation which it determines to be equivalent to the emission limitations that would apply to such source if an e mission standard had been promulgated in a timely manne r by USEPA. If the Agency refuses to include the emis sion limitation proposed by the owner or operator in a CAAPP permit, the owner or operator may petiti on the Board to establish whether the emission li mitation proposal submitted by the owner or operator provide s for emission limitations which are equivalent to the e mission limitations that would apply to the source if the emis sion standard had been promulgated by USEPA in a timely man ner. The Board shall determine whether the emission li mitation proposed by the owner or operator or an alternativ e emission limitation proposed by the Agency provides for the level of control required under Section 112 of the Cle an Air Act, or shall otherwise establish an appropriate emission limitation, pursuant to Section 112 of the Clean Air Act. b. Any Board proceeding brought under paragraph (a) or (e) of this su bsection shall be conducted according to the Board's pr ocedures for adjudicatory hearings and the Board shal l render its decision within 120 days of the filing of the petition. Any such decision shall be subject to review purs uant to Section 41 of this Act. Where USEPA promulgates a n applicable emission standard prior to the issuance of t he CAAPP permit, the Agency shall include in the permi t the promulgated standard, provided that the source shall have the compliance period provided under Section 112(i) of the Clean Air Act. Where USEPA promulgates an appli cable standard subsequent to the issuance of the CAAPP permit, the Agency shall revise such permit upon the nex t renewal to reflect the promulgated standard, providing a reasonable time for the applicable source to comply wit h the standard, but no longer than 8 years after the date on which the source is first required to comply with the emissions limitation established under this subsection. c. The Agency shall have the authority t o implement and enforce complete or partial emission standard s promulgated by USEPA pursuant to Section 112(d), and stan dards promulgated by USEPA pursuant to Sections 112(f), 112 (h), 112(m), and 112(n), and may accept delegation of autho rity from USEPA to implement and enforce Section 112(l) and requirements for the prevention and detection o f accidental releases pursuant to Section 112(r) of the C lean Air Act. d. The Ag ency shall have the authority to issue permits pursuant to Section 112(i)(5) of the Clean Air Act. e. The Agency has the aut hority to implement Section 112(g) of the Clean Air A ct consistent with the Clean Air Act and federal regulation s promulgated thereunder. If the Agency refuses to inclu de the emission limitations proposed in an application su bmitted by an owner or operator for a case-by-case maximum achievable control technology (MACT) determin ation, the owner or operator may petition the Board to det ermine whether the emission limitation propose d by the owner or operator or an alternative emission limi tation proposed by the Agency provides for a level of control required by Section 112 of the Clean Air A ct, or to otherwise establish an appropriate emissio n limitation under Section 112 of the Clean Air Act . 20. Small Business. a. For purposes of this subsection: "Program" is the Small Business Stationary Source Technical and Envi ronmental Compliance Assistance Program created within this State pursuant to Section 507 of the Clean Air Ac t and guidance promulgated thereun der, to provide technical assistance and compliance informa tion to small business stationary sources; "Small Business Assistance Program" is a component of the Program responsible for providin g sufficient communications with small businesses th rough the collection and dissemination of information to small busi ness stationary sources; and "Small Business Stationary Source" means a stati onary source that: 1. is owned or operated by a person that emplo ys 100 or fewer individuals; 2. is a small business concern as def ined in the "Small Business Act";

3. is not a major source as that term is defined in subsection 2 of this Sec tion; 4. does not emit 50 tons or more per year of any regulated air pollutant, except greenhouse gases; and

5. emits less than 75 tons per year of all regulate d pollutants, except greenhouse gases. b. The Agency shall adopt and submit to USEPA, after reasonable notice and opportunity for public comme nt, as a revision to the Illinois state implementation plan, plans for establishing the Program. c. The Agency shall have t he authority to enter into such contracts and agreeme nts as the Agency deems necessary to carry out the purposes of this subsection. d. The Agency may establish such procedures as it may deem necessary for the purposes of implementing and exec uting its responsibilities under this subsection. e. There shall be appointed a S mall Business Ombudsman (hereinafter in this subsec tion referred to as "Ombudsman") to monitor the Small Business A ssistance Program. The Ombudsman shall be a nonpartisan des ignated official, with the ability to independently assess wh ether the goals of the Program are being met. f. The State Ombudsman Office shall be located in an exis ting Ombudsman office within the State or in any State Department. g. There is hereby created a Stat e Compliance Advisory Panel (hereinafter in this subsection referred to as "Panel") for determining the overall effec tiveness of the Small Business Assistance Program within th is State. h. The selecti on of Panel members shall be by the following meth od: 1. The Governor shall select two members who are not owners or representatives of owners of small bu siness stationary sources to represent the general p ublic; 2. The Director of the Agency shall select one member to represent the Agency; and 3. The State Legisl ature shall select four members who are owners or repr esentatives of owners of small business stationary source s. Both the majority and minority leadership in both Houses of the Legislature shall appoint one member of the panel. i. Panel members should serve with out compensation but will receive full reimbursement for ex penses including travel and per diem as a uthorized within this State. j. The Panel shall select its own Chair by a major ity vote. The Chair may meet and consult with the Ombudsma n and the head of the Small Business Assistance Program in planning the activities for the Panel. 21. Tempor ary Sources. a. The Agency may issue a single permit authorizing emission s from similar operations by the same source owne r or operator at multiple temporary locations, except for sources which are affected sourc es for acid deposition under Title IV of the Clean Air Act.

b. The applicant must demonst rate that the operation is temporary and will involve at least one change of location during the term of the permit.

c. Any such per mit shall meet all applicable requirements of this Sec tion and applicable regulations, and include conditions assuring com pliance with all applicable requirements at all authorized lo cations and requirements that the owner or operator not ify the Agency at least 10 days in advance of each change in location. 22. Solid Waste Incineration Units. a. A CAAPP permit for a so lid waste incineration unit combusting municipal waste su bject to standards promulgated under Section 129(e) of the Clean Air Act shall be issued for a period of 12 years and sha ll be reviewed every 5 years, unless the Agency requires m ore frequent review through Agency procedures. b. During the review in paragraph (a) of this subsection, the Agency shall fully review the previously submitted CAAPP permit application and correspondin g reports subsequently submitted to determine whether the s ource is in compliance with all applicable requiremen ts. c. If the Agency determines th at the source is not in compliance with all applica ble requirements it shall revise the CAAPP permit as appr opriate. d. The A gency shall have the authority to adopt procedural rules , in accordance with the Illinois Administrative Procedure Act, as the Agency deems necessary, to implement this subsection.(Sour ce: P.A. 99-380, eff. 8-17-15; 99-933, ef f. 1-27-17; 100-103, eff. 8-11-17; revised 10-23-24.) (415 ILCS 5

/57.4) Sec. 57.4. Stat e agencies Agencies. The Office of the State Fire Marshal and the Illinois Environmental Protec tion Agency shall administer the Leaking Underground Storage Tank Program in accordance with the terms of thi s Title. (Source: P.A. 88-496; revised 7-29-24.) (415 ILCS

5/57.5) Sec. 57.5. Underground Sto rage Tanks; removal; repair; abandonment. (a) Notwithstanding the el igibility or the level of deductibility of an owne r or operator under the Underground Storage Tank Fund, any owner or operator of an Underground Storage Tank may seek to remove or abandon such tank u nder the provisions of this Title. In order to be reimbursed under Section 57.8, the owner or operator must comply with the pro visions of this Title. In no event will an owner or operator be reimbursed fo r any costs which exceed the minimum requirements necessary to comply with this Title. (b) Removal or abandonment of an Underground Storage Tank must b e carried out in accordance with regulations adopted by the O ffice of the State Fire Marshal. (c) The Office of the State Fire Marshal or a designated a gent shall have an inspector on site at the time of removal, abandonment, or such other times the Office of State Fire Marshal deems appropriate. At such time, the inspector shall, upon prel iminary excavation of the tank site, render an opinion as to whether a release of pe troleum has occurred and, if so, the owner or ope rator shall report the known or suspected release to the Illinois Emergency Management Agency. The owner or oper ator shall determine whether or not a release has occurred in conformance with the regulations adopted by the Board and th e Office of the State Fire Marshal. Except that if the opi nion of the Office of the State Fire Marshal inspector is that a release of petroleum has occurred and the owner or opera tor has reported the release to the Illinois Emergenc y Management Agency within 24 hours of removal of the tank, no such determination is required under this subsection. In the ev ent the owner or operator confirms the presence of a release o f petroleum, the owner or operator shall comply with Section 57.6. The insp ector shall provide the owner or operator, or a designate d agent, with an "Eligibility and Deductibility Determination" form. The Office of the State Fire Marshal shall provide on-site assistance to the owner or operator or a designa ted agent with regard to the eligibility and deductibili ty procedures as provided in Section 57.9. If the Office of the State Fire Marshal is not on site, the Office of the S tate Fire Marshal shall provide the owner or operator with an " Eligibility and Deductibility Determination" form within 15 day s after receiving notice that the confirmed release was repo rted by the owner or operator. (d) In the even t that a release of petroleum is confirmed under subsec tion (c) of this Section, the owner or operator may elect to b ackfill the preliminary excavation and proceed under Sectio n 57.6. (e) In the event that an Underground Storage Tank is found to be ineligible for payment from the Un derground Storage Tank Fund, the owner or operator shall proce ed under Sections 57.6 and 57.7. (f) In the event that no release of petroleum is confirmed, the ow ner or operator shall proceed to complete the removal of t he underground storage tank, and when appropriate, dispose of the tank and backfill the excavation or, in the alternate, abando n the underground storage tank in place. Either option shall b e in accordance with regulations adopted by the Office of the State Fire Marshal. The owner or operator shall certify to the Office of the State Fire Marshal that the tank removal or aban donment was conducted in accordance with all applicable rul es and regulations, and the Office of the State Fire Mars hal shall then issue a certificate of removal or abandonment to t he owner or operator. If the Office of the State Fire Mars hal fails to issue a certificate of removal or abandonment w ithin 30 days of receipt of the certification, the certificat ion shall be considered rejected by op eration of law and a final action appealable to the Board. Nothing in this Title shall prohibit the Office of the State Fi re Marshal from making an independent inspection of the site a nd challenging the veracity of the owner or operator certification. (g) The owner or operator of an underground storage ta nk taken out of operation before January 2, 1974, or an undergr ound storage tank used exclusively to store heating oil for consumptive use on the premises where stored and which se rves other than a farm or residential unit shall not be requir ed to remove or abandon in place such underground storage tank except in the case in which the Office of the State Fire Marsha l has determined that a release from the underground storage tank poses a current or potential threat to human health and the environment. In that case, and upon receipt of an order from the Office of the State Fire Marshal, the owner or operat or of such underground storage tank shall conduct removal and, if necessary, site investigation and corrective action in a ccordance with this Title and regulations promulgated by the Of fice of the State Fire Marshal and the Board.

(h) In the event that a release of petroleum occurred between September 13, 1993, and August 1, 1994, for which the Office of the State Fire Marshal issued a certificate of rem oval or abandonment based on its determination of "no rel ease" or "minor release," and the Office of the State Fire Marshal subsequently has rescinded that determination and required a report of a confirmed release to the Illinois E mergency Management Agency, the owner or operator may be e ligible for reimbursement for the costs of site investig ation and corrective action incurred on or after the date o f the release but prior to the notification of the Illinoi s Emergency Management Agency. The date of the release shall be the date of the initial inspection by the Office of the S tate Fire Marshal as recorded in its inspection log. Eligibilit y and deductibility shall be determined in accordance with th is Title, the owner or operator must comply with the provi sions of this Act and its rules, and in no case shal l the owner or operator be reimbursed for costs exceeding the minimum requi rements of this Act and its rules.

(Source: P.A. 92-554, eff. 6-24-02; revised 7-30-24.) (415 ILCS 5/57.8) Sec. 5 7.8. Underground Storage T ank Fund; payment; options for State payment; deferred cor rection election to commence corrective action upon avail ability of funds. If an owner or operator is eligible to a ccess the Underground Storage Tank Fund pursuant to an Office o f the State Fire Marshal eligibility/ded uctible final determination letter issued in accordanc e with Section 57.9, the owner or operator may submit a comple te application for final or partial payment to the Agency for activities taken in response to a confirmed release. An owne r or operator may submit a request for partial or final paymen t regarding a site no more frequently than once every 90 days . (a) Payment after completion of correctiv e action measures. The owner or operator may submit an application for payment for activities performed at a site after completion of the requirements of Sections 57.6 and 57.7, or after completion of any other required activities at the undergroun d storage tank site. (1) In the case of an y approved plan and budget for which payment is being sought, the Agency shall make a payment d etermination within 120 days of receipt of the application. Such determination shall be considered a final decision. The Agency's review shall be limited to generally accepted audit ing and accounting practices. In no case shall the Agency conduct additi onal review of any plan which was completed within the budge t, beyond auditing for adherence to the corrective action measu res in the proposal. If the Agency fails to approve the pay ment application within 120 days, such application shal l be deemed approved by operation of law and the Agency shall p roceed to reimburse the owner or operator the amount requested in the payment application. Howev er, in no event shall the Agency reimburse the own er or operator an amount greater than the amount approved in t he plan. (2) If sufficient f unds are available in the Underground Storage Tank Fu nd, the Agency shall, within 60 days, forward to the Office of the State Comptroller a voucher in the amount ap proved under the payment application. (3) In the case of insufficient funds, t he Agency shall form a priority list for payment and sha ll notify persons in such priority list monthly of the availability of funds and when payment shall be made. P ayment shall be made to the owner or operator at such tim e as sufficient funds become available for the costs assoc iated with site investigation and corrective action and costs expended for activities performed where no pro posal is required, if applicable. Such priority list shall be available to any owner or operator upon requ est. Priority for payment shall be determined by the date the Agency receives a complete request for partial or final payment. Upon receipt of notification from the Ag ency that the requirements of this Title have been m et, the Comptroller shall make payment to the owner or oper ator of the amount approved by the Agency, if sufficient money exists in the Fund. If there is insufficient money in the Fund, then payment shall not be made. If the owner or operator appeals a final Agency payment determination and it is determined that the owner or operator is eligible fo r payment or additional payment, the priority date for t he payment or additional payment shall be the same as th e priority date assigned to the original request for parti al or final payment. (4 ) Any deductible, as determined pursuant to the Office of the State Fire Marshal's eligibility and deductibility fi nal determination in accordance with Section 57.9, shall be subtracted from any payment invoice paid to an eligibl e owner or operator. Only one deductible shall apply per underground storage tank site. (5) In the event that costs are or will be incurre d in addition to those approved by the Agency, or afte r payment, the owner or operator may submit successive plan s containing amended budgets. The requirements of Section 5 7.7 shall apply to any amended plans. (6) For purposes of this Section, a complete application shall consist of: (A) A certification from a Licensed Professional Engineer or Licensed Professional Geologist as required under this Title and acknowledged by the owner or operator. (B ) A statement of the amounts approved in the budget and the amounts actually sought for payment along with a certified statement by the owner or operator that the amounts so sought were e xpended in conformance with the approved budget. (C) A copy of the Office of the State Fire Marshal's eligibility and dedu ctibility determination. (D) Proof that approval of the payment requested will not result in t he limitations set forth in subsection (g) of this Section be ing exceeded. (E) A federal taxpayer identification number and legal status disclosure certification on a form prescribed and provided by the Agency. (F ) If the Agency determined under subsection (c)(3) of Section 57.7 of this Act that corrective action must inc lude a project labor agreement, a certification from the owne r or operator that the corrective action was (i ) performed under a project labor agreement that m eets the requirements of Section 25 of the Proje ct Labor Agreements Act and (ii) implemented in a manner co nsistent with the terms and conditions of the Proje ct Labor Agreements Act and in full compliance wi th all statutes, regulations, and Executive Orders as required under that Act and the Prevailing Wage Act.

(b) Commencement of site investigation or correct ive action upon availability of funds. The Board shall adopt regulations setting for th procedures based on risk to human health or the environmen t under which the owner or operator who has rece ived approval for any budget plan submitted pursuant to Section 57.7, and wh o is eligible for payment from the Underground Storage Tank F und pursuant to an Office of the State Fire Mars hal eligibility and deductibility determination, may elect to defer site investigation or corrective action activities until f unds are available in an amount equal to the amount approved in the budget. The regulations shall es tablish criteria based on risk to human health or the environment to be used for determining on a site -by-site basis whether deferral is appropri ate. The regulations also shall establish the mi nimum investigatory requirements for determining wheth er the risk based criteria are present at a site consi dering deferral and procedures for the notification of owners or operators of insufficient funds, Agency review of request for deferral, notific ation of Agency final decisions, returning deferred s ites to active status, and earmarking of funds for paymen t. (c) When the owner or operator requests indemnification for payment of costs incurred as a result o f a release of petroleum from an underground storage tan k, if the owner or operator has satisfied the requirements of s ubsection (a) of this Section, the Agency shall forward a copy of the request to the Attorney General. The Attor ney General shall review and approve the request for ind emnification if: (1) there is a legally enforceable judgment entered against the owner or operator and such judgment was entered due to harm caused by a release of petroleum from an underground stora ge tank and such judgment was not entered as a result of fraud; or (2) a settlement with a t hird party due to a release of petroleum from an underground storage tank is reasonable. (d) (1) Notwithstanding any other provision of this Title, t he Agency shall not approve payment to an owner or operator fr om the Fund for costs of corrective action or indemnificatio n incurred during a calendar year in excess of the foll owing aggregate amounts based on the number of petroleum underground storage tanks owned or operated by such owner or operator in Illinois. A mount Number of Tanks $2,000,000.fewer than 101 $3,000,000.101 or more (2) (1) Costs incurred in excess of the aggregate amounts set f orth in paragraph (1) of this subsection shall not be elig ible for payment in subsequent years. (3) (2) Fo r purposes of this subsection, requests submitted by a ny of the agencies, departments, boards, committees, or commissions of the State of Illinois shall be act ed upon as claims from a single owner or operator. (4) (3) For purposes of this subsection, owner or operator includes (i) any subsidiary, parent, or joi nt stock company of the owner or operator and (i i) any company owned by any parent, subsidiary, or joint stoc k company of the owner or operator. ( e) Costs of corrective action or indemnification incurred by a n owner or operator which have been paid to an owner or op erator under a policy of insurance, another wr itten agreement, or a court order are not eligi ble for payment under this Section. An owner or operator who rece ives payment under a policy of insurance, another written agreement, or a court order shall reimburse the State to the extent such payment covers costs for which payment was received from the Fund. Any monies received by the State under this subsection (e) shall be deposited into the Fund. (f) (B lank.). (g) The Agency shall not approve any payment from the Fund to pa y an owner or operator: (1) for costs of corrective action incurred by such owner or operator in an amount in excess of $1,500,000 per occur rence; and (2) for costs of indemnification of such owner or operator in an amount in excess of $1,500,000 per occurrence. (h) Payment of any amount from the Fund for corrective action or indemnification shall be subject to the State acquiring by subrogation the rights of any owner, operator, or other person to recover the c osts of corrective action or indemnification for which the Fund has compensated such owner, operator, or person from the pers on responsible or liable for the release. ( i) If the Agency refuses to pay or authorizes only a partia l payment, the affected owner or operator may petition the Boar d for a hearing in the manner provided for the review of perm it decisions in Section 40 of this Act.

(j) Costs of corrective action or indemnification incurred by an owner or operator prior to July 28, 1989, shall not be elig ible for payment or reimbursement under this Section. (k) The Agency shall not pay costs of correc tive action or indemnification incurred before providing no tification of the release of petroleum in acc ordance with the provisions of this Title. (l) Corrective action does not include legal defense costs. Legal defense c osts include legal costs for seeking payment under this Title unless the owner or operator prevails before the Board in which case the Board may authorize payment of legal fe es. (m) The Agency may apportion payment of costs for plans submitted under Section 57.7 if: (1) the owner or operator was deemed eligible to access the Fund for payment of corrective action costs for some, but not all, of the underground storage tanks at the site; and

(2) the owner or operator failed to justify all costs attributable to each underground storage tan k at the site. (n) The Agency shall not p ay costs associated with a corrective action plan incurred af ter the Agency provides notification to the owner or operator pursuant to it em (7) of subsection (b) of Section 57.7 that a revised cor rective action plan is required. Costs associated with any sub sequently approved corrective action plan shall be eligible for reimbursement if they me et the requirements of this Title.(Sou rce: P.A. 98-109, eff. 7-25-13; revised 7 -30-24.) (415 ILCS 5/57.9) Sec. 5 7.9. Underground Storage Ta nk Fund; eligibility and deductibility. (a) The Underground Storage Tank Fund sha ll be accessible by owners and operators who have a confirm ed release from an underground storage tank or related tank system of a substance listed in this S ection. The owner or operator is eligible to access the Unde rground Storage Tank Fund if the eligibility requirements of this Title are s atisfied and: (1) Neither the owner nor the operator is the United States G overnment. (2) The tank do es not contain fuel which is exempt from the Motor Fuel T ax Law. (3) The costs were incurred as a result of a confirmed release of any of the following substances: (A) "F uel", as defined in Section 1.19 of the Motor Fuel Tax Law. (B) Aviation fuel. (C) Heating oil.

(D) Kerosene. (E) Used oil which has be en refined from crude oil used in a motor vehicle, as defined in Section 1.3 of the Motor Fuel Tax Law. (4) The owner or operator regi stered the tank and paid all fees in accordance with the statut ory and regulatory requirements of the Gasoline Storage Act. (5) The owner or operato r notified the Illinois Emergency Management Agency of a confirmed release, the costs were incurred after the notification and the cost s were a result of a release of a substance liste d in this Section. Costs of corrective action or indemnif ication incurred before providing that notification shall n ot be eligible for payment. (6) The costs have not already been paid to the owner or operator under a private insurance policy, other written agreement, or c ourt order. (7 ) The costs were associated with "corrective action" of this Act. If the undergroun d storage tank which experienced a release of a substanc e listed in this Section was installed after July 28, 1989, the owner or operator is eligible to access the Undergrou nd Storage Tank Fund if it is demonstrated to the Offi ce of the State Fire Marshal the tank was installed and opera ted in accordance with Office of the State Fire Marshal r egulatory requirements. Office of the State Fire Marshal certification i s prima facie evidence the tank was installed pursuant to the Office of the State Fire Marshal regulatory requ irements. (b) For releases reported pri or to June 8, 2010 (the effective date of Public Act 96-908) this amendatory Act of the 96th General Assembly, an owner or operator may access the Under ground Storage Tank Fund for costs associated with an Agency approved plan and the Agency shall approve the paym ent of costs associated with corrective action after the applicat ion of a $10,000 deductible, except in the following situatio ns: (1) A deductible of $100,000 shall apply when none of the unde rground storage tanks were registered prior to Jul y 28, 1989, except in the case of underground storage ta nks used exclusively to store heating oil for consumptive u se on the premises where stored and which serve other th an farms or residential units, a deductible of $100,000 shall apply when none of these tanks were registered prio r to July 1, 1992. ( 2) A deductible of $50,000 shall apply if any of the u nderground storage tanks were registered prior to July 28, 1989, and the Sta te received notice of the confirmed release prior to July 28, 1989. (3) A deductible of $15,000 shall apply when one or more, but not all, of the underground storage tanks were registered prior to July 28, 198 9, and the State received notice of the confirmed release o n or after July 28, 1989. For releases repor ted on or after June 8, 2010 (the effective date of Public Act 96-908)

this amendatory Act of the 96 th General Assembly, an owner or operator may a ccess the Underground Storage Tank Fund for costs assoc iated with an Agency approved plan, and the Agency shall approve the payment of costs associated with cor rective action after the application of a $5,000 deduct ible. A deductible shall apply annually for each site at which costs were incurred under a cl aim submitted pursuant to this Title, except that if corrective action in response to an occurrence takes place over a perio d of more than one year, in subsequent years, no deducti ble shall apply for costs incurred in response to such oc currence. (c) Eligibility and deductibility determinations shall be made by the Office of the State Fi re Marshal. (1) When an owner or operator reports a confirmed release of a regu lated substance, the Office of the State Fire Marshal shall provide the owner or operator with an "Eligibility and Deductibility Determination" form . The form shall either be provided on-site or within 15 days of the Office of the State Fi re Marshal receipt of notice indicating a confirmed release. The form shall request sufficient information to enable the Office of the State Fire Marshal to make a final determination as to owner or operator eligibility to access the Underground Stora ge Tank Fund pursuant to this Title and the appropriate deductible. The form shall be promulgated as a rule or r egulation pursuant to the Illinois Administrative Procedure A ct by the Office of the State Fire Marshal. Until such for m is promulgated, the Office of the State Fi re Marshal shall use a form which generally conforms with this Act. (2) Withi n 60 days of receipt of the "Eligibility and Deductibility Determination" form, the Office of the State Fire Marshal shall issue one l etter enunciating the final eligibility and deductibilit y determination, and such determination or failure to act within the time prescribed shall be a final decision appe alable to the Illinois Pollution Control Board.(Source: P.A. 96-908, eff. 6-8-10; revise d 7-30-24.) (415 ILCS 5/59.1) Sec. 59.1. Carbon capture permit require ments. For air construction perm it applications for carbon dioxide capture projects a t existing sources submitted on or after July 18, 2024 (the effective date of Public Act 103-651) this am endatory Act of the 103rd General Assembly, no permit may be i ssued unless all of the following requirements are met:

(1) The p ermit applicant demonstrates that there will be no net incre ase in the individual allowable potential annual criteria p ollutant emissions at the source. If the Agency determines that it is technically infeasible for an applicant to demonstrate that there will be no net increase in the indi vidual allowable potential annual criteria pollutant emissions at the source, the Agency sha ll allow an alternative demonstration. (2) The Agency has complied with the public participation requi rements under 35 Ill. Adm. Code 252. (3) The permit applicant submits to the Agency in its permit application, a Greenhouse Gas Inventory Analysis, as set forth in guidance from the United States Environmenta l Protection Agency, that includes all emissions at the stack or emis sions source from which carbon dioxide is captured and a demonstration that the total greenhouse gas emissions associated with capture, including, but not limited to, (i) the e missions at the stack or emissions source from which the carbon dioxide is captured, ( ii) the additional emissions associated with additional elec tricity generated, whether on-site or off-sit e, used to power any capture equipment, and (iii) any incr eased emissions necessary for the operation of the capture facility as compared to before the installation and operation of the capture equipment at the facility, d o not exceed the total amount of greenhouse gas emissio ns captured. This comparison shall be made on an annual basis, projected across the proposed life span of the capture proj ect. (4) The permit applicant provides a water imp act assessment report. The report must have been submitted t o the Department of Natural Resources and to the Soil and Water Conservation District in the county in which the project will be construc ted. The report shall identify the following: (A) each water source t o be used by the project; (B) the pumping method to be used by the proj ect; (C) the maxim um and expected average daily pumping rates for the pump s used by the project; (D) the impacts to each water source used by the project, such as aquifer drawdown or river reductions; and (E) a detailed assessmen t of the impact on water users near the area of impact. The water impact assessm ent shall consider the water impacts (i) immediately following the project's initial operations, (ii) at th e end of the project's expected operational lif e, and (iii) during a drought or other similar event. The permit applicant shall submit a certification to the Agency that the applicant has submitted its initial water u se impact study and the applicant's ongoing water usage to the Department of Natural Resources. This requirement m ay be satisfied by submitting to the Age ncy copies of documents provided to the United States Environmental Protection Agency in a ccordance with 40 CFR 146.82 if the applicant satisfies the requirements of this Section. (Source: P.A. 103-651, eff. 7-18-24; revised 10-24-24.) (415 ILCS 5/59.9)

Sec. 59.9. Closure. The owner or operator of a carbon seque stration activity permitted in accordance with this Act shal l monitor the site during the post-injection site car e period, which shall be no less than 30 years after the last date of injection, as well as following certific ation of closure by United States Environmental Protec tion Agency Act to show the position of the ca rbon dioxide and pressure front to ensure it does not pose an endangerment to groundwater, as specified in 35 Ill. Adm. Co de 620, or to human health or the environment, unless and until the Agency certifies that a carbon sequestration fa cility is closed. Air and soil gas monitoring required by a ca rbon sequestration activity permit issued by the Agency must continue until the Agency certifies the carbon s equestration facility as closed. The Agency shall certify a carbon sequestration facility as closed if: (1 ) the owner or operator submits to the Agency a copy of a closure certificati on issued for the carbon sequestration facility in accordance with 40 CFR 146.93; and (2) the owner or operator demonstrates to the Agency that no additional air or soil gas monitoring is needed to ensure the carbon sequestration facility does not pose an e ndangerment to groundwater, as specified in 35 Ill. Adm. Code 620, or to human health or the environment. This demonstration must include locati on-specific monitoring data. The certification of closur e does not relieve an operator of any liabilities from the car bon sequestration activity or carbon sequestration facility.(Source: P.A. 103-651, eff. 7-18-24; revised 10-23-24.) (415 ILCS 5/59.10) Sec. 59. 10. Financial assurance. (a) The owner or operator of a sequestration acti vity permitted in accordance with this Act shall maintain fin ancial assurance in an amount equal to or greater than the cost estimate calculated in accordance with par agraph (11) of Section 59.6. (b) The owner or operator of the sequestratio n activity must use one or a combination of the following m echanisms as financial assurance: (1) a fully funded trust fund; (2) a surety bond guaranteeing payment; (3) a surety bond guaranteein g performance; or (4) an irr evocable letter of credit. (c) The financia l assurance mechanism must identify the Agency as the sol e beneficiary. (d) The financial assurance mechanism shall be on forms adopted by the Agency. The Agency must adopt these f orms within 90 days of the date of July 18, 2024 (the effective date of Public Act 103-651) this amen datory Act of the 103rd General Assembly.

(e) The Agency shall release a trustee, sure ty, or other financial institution holding a financial as surance mechanism when: (1) the owner or operator of a carbon sequestration activity substitutes alternative f inancial assurance such that the total financial assurance fo r the site is equal to or greater than the current cost estimate, without counting the amounts to be released; or (2) the Agency determines that the owner o r operator is no longer required to maintain a permit. (f) The A gency may enter into contracts and agreements it deems necess ary to carry out the purposes of this Section, including , but not limited to, interagency agreements with the Illinois State Geological Survey, the Department of Natural Resources, or other agencies of the State. Neithe r the State nor any State employee shall be liable for any damages or injuries arising out of or resulting f rom any action taken under paragraph (11) of Section 59.6. (g) The Agency m ay order that a permit holder modify the financia l assurance or order that proceeds from financial assuran ce be applied to the remedial action at or closure of an injec tion site. The Agency may pursue le gal action in any court of competent jurisdiction to enfor ce its rights under financial instruments used to provide the financial assurance required under Section 59.10. (h) An owner or operator of a carbon se questration activity permitted in accordance with this Act that has a closure plan approved by the United Sta tes Environmental Protection Agency in accordance with 40 CFR 146.93 may satisfy the financial assurance requirements fo r any portion of the cost estimates for closure costs requi red by the Agency by submitting to the Agency true copies of th e financial assurance mechanism required by 40 CFR 146.85, i f those mechanisms are compliant with Section 59.10.(Source: P.A. 103-651, eff. 7-18-2 4; revised 10-24-24.) Section 960. The Pesticide Application on Rights-of-W ay Notification Act is amended by changing Section 1 as follows:

(415 ILCS 61/1) Sec. 1. Short title. This Act may be cited as the the Pesticide Application on Rights-of-Way Notification Act.(Source: P.A. 10 3-976, eff. 1-1-25; revised 12-4- 24.) Se ction 965. The Lawn Care Products A pplication and Notice Act is amended by changing Section 5a as follows: (415 ILCS 65/5a) Sec. 5a. Fertilizer; application restrictions. (a) No applicator for hire shall: (1) Apply phosphorus-containing fertilizer to a lawn, except as demonstrated to be necessary by a soil test that establis hes that the soil is lacking in phosphorus p hosphorous when compared against the standard established by the University of Illinois. The soil test required under this paragra ph (1) shall be conducted no more than 36 months before the intended application of the fertiliz er and by a soil testing laboratory that has been identified by the University of Illinois as an acceptable laboratory for soil testing. However, a soil test shall not be required under this parag raph (1) if the fertilizer to be applied is a 0% phosphate fertilizer or the f ertilizer is being applied to establish a lawn in the first 2 growing seasons. (2) Apply fertiliz er to an impervious surface, except where the application is inadvertent and fertilizer is swept or blown back into the target area or returned to either its original or another appropriate cont ainer for reuse. (3) Apply f ertilizer using a spray, drop, or rotary spreader with a deflector within a 3 foot buffer of any water body, except that when this equipment is not used, fertilizer may not be applied within a 15 foot buffer of any water body. (4) Apply fertili zer at any time when the lawn is frozen or saturated. For the purposes of this paragraph (4), a lawn is frozen when its root system is frozen (typically 3 or 4 inches down), and a lawn is saturated when it bears ample evidence of being or having been inundated by standing wat er. (b) This Section does not apply to the application of fertilizer on property used in the oper ation of a commercial farm, lands classified as ag ricultural lands, or golf courses. (c ) This Section does not apply to the application of la wn repair products. (d) Paragraph (1) of subsection (a) of this Section does not apply to the ap plication of animal or vegetable manure that is ground, pelletized, mechanically dried, packaged, or supplemented with plant nutrients or other subst ances other than phosphorus. (Source: P.A. 96-1005, eff. 7-6-10; revised 7- 30-24.) Section 970. T he Illinois Low-Level Radioactive Waste Management Act is amended by changing Section 3 as follows:

(420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3) Sec. 3. Definitions. As used in this Act: "Agency" or "IEMA-OHS" means the Illinois Emergency Management Agency and Office of Homeland Security, or its successor agency. "Broker" means any person who takes possession of low-level waste for purposes of consolidation and shipment.

"Compact" means the Central Midwest Interstate Low-Leve l Radioactive Waste Compact. "Decommission ing" means the measures taken at the end of a facility's operating life to assure the continued protection of the public from any residual radioactivity or other potential hazards present at a facility. "Direct or" means the Director of the Agency. "Disposal" means the is olation of waste from the biosphere in a permanent facility designed for that purpose. "Facility" means a parcel of land or site, together with structures, equipment and improvements on or appurtenant to the land or site, which is used or is bei ng developed for the treatment, storage or disposal of low-level radioactive waste. "Facility" does not include lands, sites, structures, or equipment used by a gene rator in the generation of low-level radioactive was tes. "Generator" me ans any person who produces or possesses low-level radioactive waste in the course of or incident to manufacturing, power genera tion, processing, medical diagnosis and treatment, research, ed ucation, or other activity . "Hazardous waste" means a waste, or com bination of wastes, which because of its quantity, concentrat ion, or physical, chemical, or infectious characteristi cs may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible, or incapacit ating reversible, illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwis e managed, and which has been identified, by characteristics or listing, as hazardous under Section 3001 of the Resource C onservation and Recovery Act of 1976, P.L. 94-580 or under regu lations of the Pollution Control Board. "High-level radioactive waste" means: (1) th e highly radioactive material resultin g from the reprocessing of spent nuclear fuel including liquid waste produced directly in reprocessing and any solid mate rial derived from the liquid waste that contains fission produc ts in sufficient concentrations; and (2) the highly radio active material that the Nuclear Regulatory Commission has determined, on July 21, 1988 (the effect ive date of Public Act 85-1133) this Amendatory Act of 1988, t o be high-level radioactive waste requiring per manent isolation. "Low-level r adioactive waste" or "waste" means radioactive waste not classified as (1) high-level radioactive waste, (2) tr ansuranic waste, (3) spent nuclear fuel, or (4) bypro duct material as defined in Sections 11e(2), 11e(3), and 11e(4) of the Atomic Energy Act of 1954 (42 U.S.C. 2014). This definition shall apply notwithstanding any declaration by the federal government, a state, or any regulatory agency that any radioactive material is exempt f rom any regulatory control. "Mixed waste" means waste that is both "hazardous waste" and "low- level radioactive waste" as defined in this Act. "Nuclear facilities" means nuclear power p lants, facilities housing nuclear test and research reactors, facilities for the chemical conversion of uranium, and facilities for the storage of spent nuclear fuel or high-level radioacti ve waste. "Nuclear power plant" or "nuclear steam-generating facility" means a the rmal power plant in which the energy (heat) released by the fissioning of nuc lear fuel is used to boil water to prod uce steam. "Nuclear power reactor" means an app aratus, other than an atomic weapon, designed or used to sustain nuc lear fission in a self-supporting chain reaction. "Person" means an individual, corporation, busi ness enterprise, or other legal en tity either public or private and any legal successor, represe ntative, agent, or agency of that individual , corporation, business enterprise, or legal entity. "Post-closure care" means the continued monitoring of the r egional disposal facility after closure for the purposes of detecting a need for m aintenance, ensuring environmental safety, and de termining compliance with applicable licensure and regu latory requirements, and includes undertaking any remed ial actions necessary to protect public health and the environment fr om radioactive releases from the faci lity. "Regional disposal facility" or " disposal facility" means the facility established by the S tate of Illinois under this Act for disposal away from the po int of generation of waste generated in the reg ion of the Compact. "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, disch arging, injecting, escaping, leaching, dumping, or disposing into the environment of low-level radioactive waste. "Remedial action" means those action s taken in the event of a release or threatened release of low-level radioa ctive waste into the environment, to prevent or minimize the release of the waste so that it does not migrate to cause s ubstantial danger to present or future public health or welfa re or the environment. The term includes, but is not limi ted to, actions at the location of the release such as storag e, confinement, perimeter protection using dikes, trenches or ditches, clay cover, neutralization, cleanup of released low-level radioactive wastes, recycling or reuse, dredging or excava tions, repair or replacement of leaking containers, collec tion of leachate and runoff, onsite treatment or incineration , provision of alternative water supplies, and any monitoring reasonably required to assure that th ese actions protect human health and the environment. "Scientific Surveys" means, collectivel y, the Illinois State Geological Survey and the Illinois State Water Survey of the University of Illinois. "Sh allow land burial" means a land disposal facility in whic h radioactive waste is disposed of in or within the upper 30 meter s of the earth's surface. However, this definition shall not include an enclosed, engine ered, structurally re-enforced and solidified bunker tha t extends below the earth's surface. "Smal l modular reactor" or "SMR" means an advanced nuclear reactor: (1) with a rated nameplate capacity of 300 electrical megawat ts or less; and (2) that may be constructed and operated in combination with similar reactors at a single site. "Storage" means the temporary holding of waste for treatment or disposal for a period determined by Agency regulations. "Treatment" mean s any method, technique, or process, including storage for radi oactive decay, designed to change the physical, chemical, or biological characteristics or compositio n of any waste in order to render the waste safer for t ransport, storage, or disposal, amenable to recovery, convertible to another usable materi al, or reduced in volume. "Waste management" means the storage, transportation, t reatment, or disposal of waste.(Source: P.A. 103-306, eff. 7-28-23; 103-569, eff. 6-1-24; revised 7-30 -24.) Section 975. T he Radioactive Waste Tracking and Permitting Act is ame nded by changing Section 10 as follows: (420 ILCS 3

7/10) Sec. 10. Definitions. As used in this Act: (a) "Agency" or "IEMA -OHS" means the Illinois Emergency Management Agency and Office of Hom eland Security, or its successor agency. (b) " Director" means the Director of the Agency. (c) "Disposa l" means the isolation of waste from the biosphere in a permanent facility designed for that purpos e. (d) "Facility" means a parcel of land or a site, together with structures, equipment, and improveme nts on or appurtenant to the land or site, that is used or is being developed for the treatment , storage, or disposal of low-level radioactive waste. (e) "Low-level radioactive waste" or "waste" means radioa ctive waste not classified as (1) high-level radioactive waste, (2) tran suranic waste, (3) spent nuclear fuel, or (4) byproduct material as defined in Sections 11e(2), 11e(3), and 11e(4) of the Atomic Ene rgy Act (42 U.S.C. 2014). This definition shall apply notwithstanding any de claration by the federal government, a state, or any regulatory agency that any radioactive material is exempt from any regulatory co ntrol. (e-5) "Nuclear facilities" mean s nuclear power plants, facilities housing nuclear test an d research reactors, facilities for the chemical conversion of uranium, and facilities for the storage of spent nuclear fuel or high-level radioactive waste. (e-10) "Nuclear power plant" or "nuclear steam-generating facility" means a thermal power plant in which the energy (heat) released by the fissioning of nuclear f uel is used to boil water to produce steam. (e -15) "Nuclear power reactor" means an apparatus, other th an an atomic weapon, desi gned or used to sustain nuclear fission in a self-s upporting chain reaction. (e-20) "Small modul ar reactor" or "SMR" means an advanced nuclear reactor: (1) w ith a rated nameplate capacity of 300 electrical megawatts or less; and (2) that may be constructed and operated in c ombination with similar reactors at a single site. (f) "Person" means an individual, corporation, business enterprise, or other legal entity, public or private, or any legal successor, representative, agent, or agency of that individual, corporat ion, business enterprise, or legal entity.

(g) "Regional facility" or "disposal facility" me ans a facility that is located in Illinois and established by Illinoi s, under designation of Illinois as a host state by the Commission for disposal of waste. (h) "Storage" means the temporary holding of waste for tr eatment or disposal for a period determined by Agency regulat ions. (i) "Treatment" means a ny method, technique, or process, including storage for radioac tive decay, that is designed to change the physical, chemic al, or biological characteristics or composition of any waste in orde r to render the waste safer for transport, storage, or disposal, amenable to recovery, convertible to another usable materia l, or reduced in volume.(Source: P.A. 103-306, eff. 7-28-23; 103-569, eff. 6-1-24; revised 7-31-24.) Section 980. The Radiation P rotection Act of 1990 is amended by changing Section 14 as follows: (420 ILCS 40/14) (from

Ch. 111 1/2, par. 210-14)

(Section scheduled to be repealed on January 1, 2027) Sec. 14. Radiation Protection Advisor y Council. There shall be created a Radiation Protection Advisory Council consisting of 7 members to be appointed by the Gover nor on the basis of demonstrated interest in and capacity to further the purposes of this Act and who shall broadly reflect the varied interests in and aspects of atomic energy and io nizing radiation within the State. The Director of the Department of Labor a nd the Chairman of the Commerce Commission or their representatives shall be ex-officio m embers of the Council. Each member of the Council shall be appointed for a 4 year term and shall continue to serve until a successor is appointed. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall continue to serve until a successor is appointed. The Chairman of the Council shall be selected by and from the Council membership. The Council members sha ll serve without compensation but shall be reimbursed for their actual expenses in curred in line of duty. The Council shall meet as often as the Chairman deems necessary, but upon request of 4 or more members it shall be the duty of the Chairman to call a meeting of the Council. It shall be the duty of the Council to assist in the formulation of and to review the policies and program of the Agency as developed under authority of this Act and to make recommendation s thereon and to provide the Agency with such technical advice and assistance as may be requested. The Council may employ such professional, technical, clerical, and other assistants, wit hout regard to the civil service laws or the "Personnel Code" o f this State, as it deems necessary to carry out its duties.

Individuals who serve on advisory boa rds of the Department of Nuclear Safety or its successor a gency, the Agency, shall be defended by the Attorney General and indemnified for all actions alleging a violation of a ny duty arising within the scope of their service on s uch board. Nothing contained herein shall be deemed to afford d efense or indemnification for any willful or wanton vi olation of law. Such defense and indemnification shall be aff orded in accordance with the terms and provisions of the State Employee Indemn ification Act. (Source: P.A. 103-569, eff. 6-1-24; revised 10-23-24.)

Section 985. The Space Heating Safety Act is amended by changing Section 3 as follows: (425 ILCS 65/3) (from Ch. 127 1/2, par. 703) Sec. 3. Definitions. As used in this Act, the following terms shal l have the following meanings: (a) "Integra l Reservoir" means the container for the supply of fuel held within the heating unit. (b) "Self- supporting heater" means any heater with an integral reservoir for fuel. (c) "Portable Kerosene Fueled Hea ter" means any nonflue-connected, self-co ntained, self-supporting, kerosene fueled, heating applia nce equipped with an integral reservoir, designed to be carried from one location to another, but excluding any heater designed to be used solely in buildings under construction, or for agricultural purposes. (d) "Nationally Recognized Testing Laborato ry" means any of the following testing or inspection agencies: Underwriters Laboratories, Inc., Canadian Standards Association, Factory Mutual System, and Applied Research Laboratories of Florida, Inc. (e) "Listed heater" means any portable oil fueled heater which has been evaluated with respect to reasonably foreseeable hazards to life and property by a nationally recognized testing labo ratory, and which is certified to comply with minimum stand ards of design and performance required by Underwrite r's Laboratory Subject 647 (1984), and which has been authorize d by the Office of the State Fire Marshal as being reasonably safe for its specific purp ose and shown in a list published by such agency and bears the mark of such agency as an indication that it has been so authori zed. Any evaluation shall include, but not b e limited to, evaluation of the design and labeling requirements hereinafter set forth in Section 4 of this Act and shall further include certain quality control proce dures that must be implemented in the manufacturing proce ss. (f) "Approved heater" means any listed h eater is an approved heater. (g) "Structur e" means any building. (h) "Multifamily Dwe lling" means a dwelling which is either rented, leased, let or hired out to be o ccupied, or is occupied as the re sidence or home of 3 or more families or persons living i ndependently of each other. (i) "Reside ntial Use" means any use in a single family dwelling, ap artment house, or multiple family dwelling . (j) "Owner" means the owner of the freehold of any real p roperty or of a lesser estate therein, a mortgagee or vendee i n possession, assignee of rents, receiver, executor, trustee, l essee, agent, or any other person, firm, or corporation directly or indirectly in control of real property.

(Source: P.A. 84-834; revised 8-7-24. ) Section 99 0. The Gasoline Storage Ac t is amended by changing Sections 4 and 6 as follows : (430

ILCS 15/4) (from Ch. 127 1/2, par

. 156) Sec. 4. Underground Storage Tank Program; administration . (a) In cooperation with the Illinois Environmental Protection Agency, the Offic e of the State Fire Marshal shall administer the Illinois Underground Storage Tank Program in accordance with this Section and Section 22.12 of the E nvironmental Protection Act. (b) (1)(A) The owner of an underground storage tank that was not taken out of operation before January 2, 1974, and that at any time between January 1, 1974, and September 2 4, 1987, contained petroleum or petroleum products or hazardous su bstances, with the exception of hazardous wastes, shall register the tank with the Office of the State Fire Marshal. No underground storage tank taken out of operation b efore January 2, 1974, may be registered under this Act. No underground storage tank otherwise required to be registered under this subparagraph (A) may be registered under this Act if that t ank was removed before September 24, 1987. (B) The owner of a heating oil underground storage t ank having a capacity of greater than 1,100 1100 gallons that was not taken out of operation before January 2, 1974, and that at a ny time between January 1, 1974, and July 11, 1990, contained heating oil shall register the tank with the Office of the S tate Fire Marshal. No heating oil underground storage tank taken out of operation before January 2, 19 74, may be registered under this Act. No heating oil unde rground storage tank otherwise required to be registered under t his subparagraph (B) may be registered under this Act if that tank was removed before July 11, 1990. (C) The owner of a heating oil underground storage tank having a capacity of 1,100 gallons or less that was not taken o ut of operation before January 2, 1974, and that any time betwe en January 1, 1974, and September 6, 1991, contained heati ng oil shall register the tank with the Office of t he State Fire Marshal. No heating oil underground sto rage tank taken out of operation before January 2, 1974, may be registered under this Act. No heating oil undergr ound storage tank otherwise required to be registered under this subparagraph (C) may be registered under this Act if that tank was removed before September 6, 1991. (D) "Operation", as used in this subsection (b), means that the tank must have had input or output of petro leum, petroleum products, or hazardous substances, with the exception of hazardous wastes, during the regular cour se of its usage. "Operation" does not include (i) compliance w ith leak detection requirements as prescribed by rul es and regulations of the Office of the Stat e Fire Marshal or (ii) the mere containment or stora ge of petroleum, petroleum products, or hazardous substa nces, with the exception of hazardous wastes. (2) The owner of an underground storage tank who register ed the tank with the Office of the State Fire Marshal unde r Section 4 of the State Fire Marshal Act prior to September 24, 1987 shall be deemed to have registered the tank under paragraph (1). (3)(A) Each person required to register an underground storage tank, other than a heating oil undergr ound storage tank, under paragraph (1) shall pay the Office of the State Fire Marshal a registration fee of $500 fo r each tank registered, to be deposited in the Undergrou nd Storage Tank Fund. (B) Each person required to register a heating oil underground storage ta nk shall pay to the Office of the State Fire Marshal a registration fee of $100 for each tank registered before Ju ly 2, 1992, and $500 for each tank registered after July 1, 1992, to be deposited into the Underground Storage Tank Fund. (C) No registration fee shall be due under this paragraph (3) for underground storage tanks deemed registered pursuant t o paragraph (2). (4) The Office of the State Fire Marshal shall e stablish procedures relating to the collection of the fees authorized by this subsection. Such procedures shall include, but need not be limited to, the time and mann er of payment to the Office of the State Fire Marshal. (5) The State Fire Marshal is authorized to enter into such contracts and agreements as may be necessary, and as expeditiously as necessary, to carry out the Office of the State Fire Marshal's duties und er this subsection. (6)(A) The owner of an underground storage tank, other than a heating oil un derground storage tank, which is installed or replaced after September 24, 1987, and which contained, contains, or may contain petroleum or petroleum products or hazardous substances, with the exception of hazardous wastes, sha ll register the tank with the Office of the State Fire M arshal prior to the installation or replacement. (B) The owner of a heating oil undergrou nd storage tank installed or replaced after July 11, 1990, an d which contained or may contain hea ting oil shall register the tank with the Office of the S tate Fire Marshal before the installation or replacement. (7) Any person required to register an underg round storage tank under paragraph (1) or paragraph (6) of this subsection shall register the tank on forms p rovided by the Office of the State Fire Marshal.

(c) Except as otherwise provided in subsection (d), a person who is the owner of an underground storage t ank containing petroleum, or petroleum products, or hazardous substances, except hazardous waste, registered under subsection (b) shall notify the Office of the State Fire M arshal of any change in the information required under this Section or of the removal of an underground storage tank from service. (d) A person who is the owner of an undergroun d storage tank containing petroleum, or petroleum products, or hazardous sub stances, except hazardous waste, the contents of which are chan ged routinely, shall indicate all the materials which are st ored in the tank on the registration form. A person providin g the information described in this subsection is not required to notify the Office of the State Fire Marshal of changes in the contents of the tank un less the material to be stored in the tank differs from the inf ormation provided on the registration form. (e) For purposes of this Act: The terms "petroleum" and "undergroun d storage tank" shall have the meanings ascribed to them in Subtitle I of the Hazardous and Solid Waste Amendments of 198 4 (P.L. 98-616) of the Resource Conservation an d Recovery Act of 1976 (P.L. 94-580), except that " underground storage tank" shall include heating oil undergrou nd storage tanks; however, no release detec tion shall be required of h eating oil tanks, in existence as of July 11, 1990, prio r to December 22, 1998. The Office of the State Fire Marshal shall have the authority to determine the criteria for classifica tion of an underground storage tank as being either a petroleu m underground storage tank or a hazardous substance undergroun d storage tank. When used in connec tion with, or when otherwise relating to underground storage t anks, the terms "operator", "owner", and "facility" shall h ave the meanings ascribed to them in Subtitle I of the Hazardo us and Solid Waste Amendments of 1984 (P.L. 98-616) of the Resource Conservation and Recovery A ct of 1976 (P.L. 94-580). "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including death at any time, res ulting from a release of petroleum from an underground storage tank.

"Property damage" means physical injur y to, destruction of, or contamination of tangible property, includi ng all resulting loss of use of that property; or loss of use of tangible prop erty that is not physically injured, destroyed, or contaminated , but has been evacuated, withdrawn from use, or rendered inacc essible because of an occurrence. "Occurren ce" means an accident, including continuous or repeated exposur e to conditions, which results in a release of petroleum i nto the environment from an underground storage tank. "Heating oil" means petroleum that is No. 1, No. 2 , No. 4 light, No. 4 heavy, No. 5 light, No. 5 heavy, or No. 6 technical grades of fuel oil; or other residual fuel oils including Navy Special Fuel Oil and Bunker C. "Heating oil underground storage tank" means an underground storage tank serving other than farms or residentia l units that is used exclusively to store heating oil for consumptive use on the premises where stored.(S ource: P.A. 87-323; 87-1088; 88-496; revised 7-31- 24.) (430 ILCS 15/6) (from Ch. 127 1/2

, par. 158) Sec. 6. (a) If necessar y or appropriate to assure that the public health or safety i s not threatened, the Office of the State Fire Mar shal shall have authority to: (1)(A) provide notice to the owner or operator, or bot h, of an underground storage tank whenever there is a relea se or substantial threat of a release of petroleum or regulated substances from su ch tank. Such notice shall include the identified emerg ency action and an opportunity for the owner or operator, or both, to perform the emergency action; or (B) undertake emergency action w henever there is a release or substantial threat of a release of petroleum or regulated substances from an underg round storage tank. (2) If notice has been provided under clause (A) of paragraph (1) of this subsection, the Office shall have the authority to require the owner or operator, or both, of an underground storage tank to undertake emergency action whenever there is a release or substantial threat of a release of petroleum or regulated substances from such tank. (3) The emergency action undertaken or required under this Section shall be such as may be necessary or appropriate to assure that the publ ic health or safety is not threatened.

(b) In accordance with constitutional limitations, the Of fice shall have authority to enter at all reasonable times upon any private or public property for the purpose of taking emergency action whenever there is a release or subs tantial threat of a release of petroleum or regulat ed substances from an underground storage tank. (c) The Office shall require emergency ac tion under paragraph (2) of subsection (a) through issuance of an administrative order Administrative Order. Such an order shall be served by registered or c ertified mail or in person and may order emergency actio n. Any person served with such an order may appeal such o rder by submitting in writing any such appeal to the O ffice within 10 days of the date of receipt of such order . The Office shall conduct an administrative hearing go verned by the The Illinois Administrative Procedure Act and enter an order to sustain, modify, or revoke such order. Any appeal from such order s hall be to the circuit court of th e county in which the violation took place and shall be governed by the Administrative Review Law. (d) Neither the State, the State Fire Marshal, nor any State employee shall be liable for any damages or injury arising o ut of or resulting from any action taken under this Section 6.(Source: P.A. 85-1325; revised 8-8-24.) Section 995. The Herptiles-Herps Act is amended by changing Sections 90-10 and 105- 65 as follows: (510 ILCS 68/90-10) Se c. 90-10. Commercial pu rposes; offenses. (a) Unless otherwise provided in this Act, any person who for profit or commercial purposes knowingly captures, kills, possesses, off ers for sale, sells, offers to barter, barters, offers to pu rchase, purchases, delivers for shipment, ships, exports, impor ts, causes to be shipped, exported, or imported, del ivers for transportation, transports, or causes to be t ransported, carries or causes to be carried, or receives for shipment, transportation, carriage, or export any herptile taxa, in whole or in part, protected under this Act and the financial value of that herptile, in whole or in part, is valued: (1) at or in excess of a total of $300 as calculat ed according to the applicable provisions under paragraphs (1), (2), (3), an d (4) of subsection (a) of in Section 105-95 of this Act is guilty of a Class 3 felony; or (2) less than the total of $300 as calculated acco rding to the applicable provisions under paragraphs (1), (2), (3), and (4) of subsection (a) of in Section 105-95 of this Act is guilty of a Class A misdemeanor. A second or subseque nt violation is a Class 4 felony. (b) The p ossession of any herptile, in whole or in part, captured or k illed in violation of this Act that is valued at or in excess o f $600 under the provisions of in subsection (b) of Section 105-95 of this Act shall be considered prima facie evidence of posse ssion for profit or commercial purposes. (Sou rce: P.A. 102-315, eff. 1-1-22; revised 8-9-24.) (510 ILCS 68/105-65) Sec. 105-65. Accessory to violation; accountability. (a) Any person who aids in or contributes in any way t o a violation of this Act, including administrative rules, is individually liable, as a separate offense und er this Act, for the penalties imposed against the person who committed the violation.

(b) Accountability for any person who aids or contributes in any way to a misdemeanor or felony violation of this Act shall be d etermined according to the provisions of under Section 5-2 of the Cri minal Code of 2012. (Source: P.A. 102-315, eff. 1-1-22; revised 8-9-24.) Section 1000. The Wildlife Code is amended by changing Section 2.26 as follows: (520 ILCS 5/2.26) (from Ch. 61, par. 2.26

) Sec. 2.26. Deer hunting permits. Any person attempting to take deer shall first obtain a "Deer Hunting Permit" issued by the Department in accordance with its administrative rules. Those rules must pro vide for the issuance of the following types of resident de er archery permits: (i) a com bination permit, consisting of one either-sex permit and one antlerless-only permit, (ii) a single antlerl ess-only permit, and (iii) a single either-sex permit. The fee for a Deer Hunting Permit to take deer with either bow and arrow or gun shall not exceed $25 for residents of the State. The Department may by administrative rule provide for non-resident deer hunting permits for which the fee will not exceed $300 in 2005, $350 in 2006, and $40 0 in 2007 and thereafter except as provided below for non-resident l andowners and non-resident archery hunters. The Department may by administrative rule provide for a n on-resident archery deer permit consisting of not more than 2 harvest tags at a total cost not to exceed $325 in 2005, $375 in 2006, and $425 in 2007 and thereafter. The fees for a youth resident and non-resid ent archery deer permit shall be the same. T he Department shall create a pilot program during the specia l 3-day, youth-only deer hunting season to allo w for youth deer hunting permits that are valid statewide, excluding those counties or portions of counties closed t o firearm deer hunting. The Department shall adopt rules to implement the pilot program. Nothing in this paragraph shall be construed to prohibit the Department from issuing Special Hunt Area Permit s for the youth-only deer hunting season or est ablishing, through administrative rule, additional requirements perta ining to the youth-only deer hunting season on Department -owned or Department-managed sites, including site -specific quotas or drawings. The provisions of this paragraph are inoperative on and after January 1, 2023. The standards and specifications for use of guns and bow and arro w for deer hunting shall be established by administrative rule. No person may have in his or her possessio n any firearm not authorized by administrative rule for a specific hu nting season when taking deer unless i n accordance with the Firearm Concealed Carry Act. Persons having a firearm deer hunting permit shall be per mitted to take deer only during the period from 1/2 hour before sunrise to 1/2 hour after sunset, and only during those days for which an open season is established for the taking of d eer by use of shotgun, handgun, rifle, or muzzle loading rifle.

Persons having an archery deer hunting permi t shall be permitted to take deer only during the period from 1/2 hour before sunrise to 1/2 hour after sunset, and only during those days for which an open season is establ ished for the taking of deer by use of bow and arrow. It shall be unlawful for any person to take deer by use of dogs, horses, automobiles, aircraft, or other vehicles, or by the use or aid of bait or baiting of any kind. For the purposes of this Section, "bait" means any mat erial, whether liquid or solid, includi ng food, salt, minerals, and other products, except pure wat er, that can be ingested, placed, or scattered in such a manner as to attract or lure white-tailed deer. "Baiting " means the placement or scattering of bait to attract deer. An area is considered as baited during the presence of and for 10 consecutive days following the removal of bait. Nothing in this Section shall prohibit th e use of a dog to track wounded deer. Any person using a dog fo r tracking wounded deer must maintain physical control of the dog at all times by m eans of a maximum 50-foot 50 foot lead attached to the dog's coll ar or harness. Tracking wounded deer is permissible at night, b ut at no time outside of legal deer hunting hours or seasons sh all any person handling or accompanying a dog be ing used for tracking wounded deer be in possession of any firearm or archery device. Persons tracking wounded deer with a dog during the fi rearm deer seasons shall wear blaze orange or solid blaze pink c olor as required. Dog handlers tracking wounded deer with a do g are exempt from hunting license and deer permit requireme nts so long as they are accompanied by the licensed deer hunte r who wounded the deer. It shall be unlawful t o possess or transport any wild deer which has been injured or killed in any manner upon a public highway or public right-of-way of this State unless exempted by administr ative rule. Persons hunting deer must hav e the gun unloaded and no bow and arr ow device shall be carried with the arrow in the nocked positi on during hours when deer hunting is unlawful. It shall be unlawful for any person, having ta ken the legal limit of deer by gun, to further partici pate with a gun in any deer hunting part y. It shall be unlawful for any pers on, having taken the legal limit of deer by bow and arrow, to further participate with bow and arrow in any deer hunting par ty. The Department may prohibit upland game hunting during the gun deer season by administrative rule. The Department shall not limit the number of non-resident, either-sex archery deer hunting permits to less than 20,000. Any person w ho violates any of the p rovisions of this Section, including administrative rules, shall be guilty of a Class B misdemeanor. F or the purposes of calculating acreage under this Section, the Department shall, after determining the total acreag e of the applicable tract or tracts of land, round remaining fractional portio ns of an acre greater than or equal to half of an acre up to th e next whole acre. For the purposes of taking white-tailed deer, nothing in this Section shall be co nstrued to prevent the manipulation, including mowing or cutting, of standing cro ps as a normal agricultural or soil stabiliza tion practice, food plots, or normal agricultural prac tices, including planting, harvesting, and maintenance such a s cultivating or the use of products designed for scent only and not capable of ingestion, solid or liquid, placed or scatt ered, in such a manner as to attract or lure deer. Such ma nipulation for the purpose of taking white-tailed deer may be further modified by administrative rule. (Source: P.A. 101-81, eff. 7-12-19; 101-444, eff. 6-1-20; 102-237, eff. 1-1-22; 102-932, eff. 1-1-23; revised 10-23-24.) Section 1005. The Illinois Endangered Species Protection Act is amended by c hanging Section 11 as follows: (520 ILCS 10/11

) (from Ch. 8, par. 341) Sec. 11. Conservation program; public policy; rules. (a) The Department, with the advice of the Board, shall actively plan and implement a program for the conservation of endangered and threatened spe cies, by means which should include published data search, rese arch, management, cooperative agreements with other age ncies, identification, protection and acquisition of essential hab itat, support of bene ficial legislation, issuance of grants from appropriated funds, and education of the public. (b) It is the public policy of all agencies of State and local governments to utilize their authorities in furtherance of the purposes of this Act by evaluating through a consultation process with the Depar tment whether actions authorized, funded, or carried out by them are likely to jeopardize the continued existence of Illinois listed endangered and threatened species or are likely to result in the destructio n or adverse modification of the designated essential habitat of such species, which policy shall be enforce able only by writ of mandamus; and where a State or local agency does so consult in furtherance of this public policy, such S tate or local agency shall be deemed to have complied wi th its obligations under the "Illinoi s Endangered Species Protection Act", provided the agency action s hall not result in the killing or injuring of any Illinois l isted animal species, or provided that authorization for tak ing a listed species has been issued under Section 4, 5, or 5 .5 of this Act. This paragraph (b) shall not apply to any project of a State agency on which a biological opini on has been issued (in accordance with Section 7 of the federal Federal Endangered Species Act of 1973) prio r to the effective date of this amendatory Act of 1985 st ating that the action proposed by said project will no t jeopardize the continued existence of any federal listed en dangered or threatened species. (c) The Department shall have the authority to adopt such rules a s are reasonable and necessary to implement the provisions of this Act.(Source: P.A. 91-556, eff. 1-1-00; revised 10-23-24.) Section 1010. The Youth and Young Adult Conservation Education Act i s amended by changing Section 25 as follows:

(525 ILCS 60/25) (Section scheduled to be repealed on June 30, 2029) Sec. 25. Youth and Young Adult Conservation and Education Pilot Program. (a) Subject to appropriation, the Department shall administer th e Program. The Program may consist of any of the following: (1) allocation of grants to units of local government or non-profit entities to provide conse rvation education and employment opportunities for youth a nd young adults of this State;

(2) development and implem entation of conservation education or job training programs; and (3) internship opportunities with the Department for youth and young adults of this State. (b) The Program's education and employment opportunities shall be limited to citizens of this State who at the time of enrollment in the Program are 15 through 25 years of age. Grants under this Act are limited to units of local government and non-profit entities th at are located in the State of Illinois and that provide conservation education and employment opportunities for youth and young adults of this State. (c) The Department shall designate suitable gran t opportunities, projects, internships, and educati onal curriculum for the purposes of this Act. Grants, projects, internships, and curr iculum so designated by the Department shall be for the purp ose of: (1) development, enhancement, and maintenance of the na tural resources of the State of Illinois, and offering rela ted educational opportunities; (2) environ mental stewardship and civic responsibility; (3) enhancem ent of public lands owned or leased by the Department or developing an d enhancing projects or initiatives undertaken in whole or part by the Department; or (4) any combination of the pur poses described in items (1) through (3). Such projects, internships, and curriculum shall include i mproving the habitat of fauna and flora; improving utiliza tion of conservation or recreation facilities and lands by the public; improving water quality; and any other project deemed b y the Department to improve the environmental, econom ic, and recreational quality of the State's natural resource s. All projects and internships designated by the Departm ent shall be within a reasonable commuting time for ea ch participant. In no circumstance shall interns be require d to spend more than 1 1/2 hours of commuting tim e to a project or a designated area, but an intern may agree t o spend more than 1 1/2 hours of commuting time to a proj ect or a designated area. (c-5) (c) Interns shall receive at least the standard minimum wage as set by the State of Illinois, when applicable, and shall work normal working ho urs as determined by the Department. The interns shall not be classified as employees of the State for purposes of contribut ions to the State Employees' Retirement System of Illinois or any other public em ployment retirement system of the State. ( d) The Department may enter into contracts, intergovernmental a greements, grants, cooperative agreements, memoranda of unders tanding, or other instruments as necessary to implement the Program. (e) The Department shall a dopt administrative rules per taining to implementation, standards, criteria, and admini stration of the Program.(Source: P.A. 103-788, eff. 1-1-25; revised 10-21-24.) Sect ion 1015. The Illinois Highway Code is amended by changing Sec tions 5-101.11, 6-513, 6-901, 6-907, and 10-303 as follows: (605 ILCS 5/5-101.11) (fro

m Ch. 121, par. 5-101.11) Sec. 5-101.11. Whenever it considers such purchase or le ase advisable, to purchase or lease highway construction and maintenance equipment under contracts providi ng for payment in installments over a period of time of not mo re than 10 years with interest on the unpaid balance owing not to exceed the amount permitted pursuant to the Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and t ax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as amended.(Source: P.A. 85-293; revised 8-13- 24.) (605 ILCS 5/6

-513) (from Ch. 121, par. 6-513) Sec. 6-513. The county board, in any county having the commission form of government in which a county unit road district is established, may issue bonds of the county in an amount not exceeding 2.875% of the value, as equalized and assessed by the Departme nt of Revenue, of the property in such county or, until January 1, 1983, if greater, the sum that is produced by multiplying t he county's 1978 equalized assessed valuation by the debt lim itation percentage in effect on January 1, 1979, for the pur pose of constructing county unit district roads. However, the question of issuing such coun ty bonds shall first be submitted to the legal voters of su ch county at an election. The county board shall adopt a resolution to submit the question of issuing such bonds to a vote, specifying therein the particular roads or bridges to be constructed, the type of construction to be made on each section of such roads or on such bridges, and the proposed widths of the roadway, together with an estimate of the cost of such construction. The county boar d shall certify the resolution to the proper election officials, who shall submit at an election such proposition in accordance with the general election l aw. Notice of the referendum shall be given and the referendu m shall be held in accordance with the general election law of the State. The proposition shall be in substantially the fo llowing form:----------------------------------- Shall cou nty bonds for county YES unit district roads be issue d to the --------------- amount of $....? NO -------------------------------------------- If a majority of the voters voting on such question vote in favor of the p roposition, the county board may at once issue the bonds an d take the necessary steps to construct the roads prov ided for. Such bonds shall be issued to mature within 20 year s from the date of issue, shall be upon such terms and conditio ns and shall bear such rate of interest not in excess of the amount permitted pursuant to the Bond Authorization Act

"An Act to authorize public corporations to issue b onds, other evidences of indebtedness and tax anticipa tion warrants subject to interest rate limitations set forth t herein", approved May 26, 1970, as amended, as sha ll be fixed by the county board. Such bonds shall be sold upon competitive bids; and the county board may, if it is of the opinion that the bids are unsatisfactory, reject t he same and re-advertise and solicit other bids. At the time or bef ore issuing any such bonds, the county boa rd shall adopt a resolution fixing the details of such bonds and providing for the levy of a direct annua l tax to pay the principal a nd interest on such bonds as the same become due. A register of all bonds so issued shall be kept in the office of the co unty clerk, and it shall be the duty of the county clerk to an nually extend a tax upon all the taxable property of the coun ty sufficient to pay the interest and principal on such bon ds, as the same shall become due. Such tax shall not be subjec t to any limitation as to rate or amount. However, if it has been certified to the county cler k that funds from other sources have been allocated and set asi de for the purpose of paying the principal or interest, or both, of such bonds, the county clerk shall, in extend ing the tax and fixing the rate of tax under this Section make proper all owance and reduction in such extension of tax and tax rate to the extent of the funds so certified to be available for the pay ment of such principal or interest, or both.(Sou rce: P.A. 91-357, eff. 7-29-99; revised 8 -13-24.) (605 ILCS 5/6-901)

(from Ch. 121, par. 6-901) Sec. 6-901. Annually, the General Assembly shall appropriate to the Department of Transportation from the Road Fund, the Gener al Revenue Fund, or any other State funds, or a combination of those funds, $60,000,000 for apportionment to counties for the use of road districts for the construction of bridges 20 feet or more in length, as provided in Sections 6-902 th rough 6-907. The Department of Tra nsportation shall apportion among the several counties of this State for the use of road districts the amounts appropriated under this Section. The amount apportioned to a county shall b e in the proportion which the total mileage of township or dis trict roads in the county bears to the total mileage of all town ship and district roads in the State. Each county shall alloca te to the several road districts in the county the funds so apportioned to the county. The allocation to road districts shall be made in th e same manner and be subject to the same conditions and qualifications as are provided by Section 8 of the Motor Fuel Tax Law with respect to the allocation to road districts of the amount allotted from the Motor Fuel Tax Fund for apportionment to counties for the use of road di stricts, but no allocation shall be made to any road district t hat has not levied taxes for road and bridge purposes in such a manner that is eligible for allotment of Motor Fuel Tax fund ing pursuant to Section 8 of the Motor Fuel Tax Law., "Road district" and "township o r district road" have the meanings ascribed to those terms in this Act. Road districts in counties in which a property tax extension limitation is imposed und er the Property Tax Extension Limitation Law that are made in eligible for receipt of this appropriation due to the impo sition of a property tax extension limitation may become eligi ble if, at the time the property tax extension limitation was imposed, the road district was levying at the required rate and continues to levy the maximum allowable amount after the imposition of the property tax extension limitatio n. The road district also becomes eligible if it levies at or above the rate required for eligibility by Section 8 of the Moto r Fuel Tax Law. The amounts apportioned under this Section for allocation to road districts may be used on ly for bridge construction as provided in this Division. So m uch of those amounts as are not obligated under Sections 6-902 through 6-904 and for which local funds have not b een committed under Section 6-905 within 48 months of the date when such apporti onment is made lapses and shall not be paid to the county tr easurer for distribution to road districts.(Source: P.A. 103-8, eff. 6-7-23; 103-605, eff. 7-1-24; 103-853, eff. 8-9-24; revise d 10-7-24.) (605 ILCS 5/6-907) Sec. 6-907 . Lapsed funds; use. Lapsed funds under Section 6-906 shall be used to provide additional monetary assistance to township s and road districts that have insufficient funding for construc tion of bridges that are 20 feet or more in length under 6-901 o f this Code. The Department shall adopt rules rule to implement this Section .(Source: P.A. 103-853, eff. 8-9-24; revised 10-21-24.) (605 ILCS 5/10-303) (

from Ch. 121, par. 10-303) Sec. 10-303. For the purpose of ac quiring by purchase or otherwise or the constructing of any such bridge, the county board of each such county is authorized to borrow money and in evidence thereof to issue the bonds of such county, and to refund the same from time to time, payable solely from the revenues derived from the operation of such bridge. Such bonds may be issued as serial or term bonds, shall mature in not to exceed 40 years from the da te thereof, and may be made redeemable, prior to maturity, with or w ithout premium. Such bonds may be issued in such amounts as may be necessary to provide sufficient funds to pay the cost of ac quiring or constructing such bridge and the approaches thereto, including all property real or p ersonal, necessary or incidental in the acquisition or cons truction of such bridge and its approaches, including reasonable legal and engineering, traffic survey, and architectural fees, costs of fin ancing, and interest during construction and for not less than 12 months thereafter. Such bonds shall bear interest at a rate no t to exceed that permitted in the Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to inter est rate limitations set forth therein", approved May 26, 1 970, as amended, payable semi-annually. Bonds issued under the provisions of this Division of this Arti cle have the qualities and incidents of negotiable instruments under the laws of the State of Illinois, shall be exec uted in the name of the county by the chairman of the county board and the county clerk of such county, and shall be sea led with the corporate seal of the county, and the intere st coupons attached to such bonds shall be executed by the facs imile signatures of such chairman and county clerk, and such o fficials by the execution of such bonds shall adopt as and for their own proper signatures their respective facsimile signa tures appearing on such coupons. In case any officer whos e signature appears on any such bonds or coupons cea ses to be such officer before delivery of such bonds, such s ignatures shall nevertheless be valid and sufficient for all purposes, the same as if such off icer had remained in office until such delivery. Such bonds may be registered as to principal at any time prior to maturity in the name of the holder on the books o f the county in the office of the county treasurer, such registration to be not ed on the reverse side of the bonds by the county treasur er, and thereafter the principal of such registered bonds sh all be payable only to the registered holder, his legal represen tatives or assigns. Such registered bonds shall be transferabl e to another registered holder, or back to bearer, only upon presentation to the county treasurer with the legal assignment duly acknowledged or approved. Registration of any such bon ds shall not affect negotiability of the coupons thereto attach ed, but such coupons shall be transferable by delivery merely. All such bonds issued by any such c ounty shall be sold in such manner and at such time as the go verning body shall determine. Whenever the governing body o f any such county determines to issue bonds as provided for in this Division of this Article, it shall adopt an ordinance describing in a general way the bridge to be acquired or constructed and its general location. Such ordinance shall set out th e aggregate amount of the estimated cost of the acquisition or c onstruction of such bridge, as prepared by the engi neers employed for that purpose, determine the period of usef ulness thereof and fix the amount of revenue bonds to be is sued, the maturity or maturities, redemption privileges, the interest rate, sinking fund, and all other details in conn ection with such bonds, including such reserve accounts as th e county board of such county may deem necessary. Such ordinanc e may contain such covenants and restrictions upon the is suance of additional revenue bonds thereafter as may be deemed necessary or advisable for the assurance of the payment of the bonds thereby authorized. Revenue bonds issued under the provisions of this Division of this Article sha ll be payable solely from the revenue derived from such b ridge, and such bonds shall not, in any event constitute o r be deemed an indebtedness of such county within the meaning of any constitutional provisions or statutory limitation a s to debt, and it shall be plainly stated on the face of each bond that it does not constitute an indebtedness within any constitutional or statutory limitation. Such ordina nce shall be published within 30 days after its passage in a newspaper, published and having a general circulation in su ch county, and shall not become effective until 10 days after its publication.(Source: P.A. 83-225; r evised 8-13-24.) Section 1020. The B ikeway Act is amended by changing Section 4.1 as follows: (605 ILCS 30/4.1) Sec. 4.1. Local bicycle transportation plan.

(a) In this Section, "bikeway" means all facilities that provide primarily for, and promote, bicycle travel. For purposes of this Section, bikeways shall be categorized as follows: ( 1) Bike paths or shared use paths, also referred to as Cl ass I bikeways, which provide a completely separated rig ht-of-way designated for the exclusive use of bicyc les and pedestrians with crossflows by motorists minimized. (2) Bike lanes, also referr ed to as Class II bikeways, which provide a restricted right-of-way designated for the exclusive or semi-exclusive use of bicycles with through travel by motor vehicles or pedestrians prohibited, but with vehicle parking and crossflows by pedestrians and motorists permitted. (3) Bike routes, also referred to as Class III bikeways, which provide a right-of-way on-street or off-street, designated by signs or permanent markings and shared with pedestrians and motorists. (4) Cycle t racks or separated bikeways, also referred to as Class IV bikeways, which promote active transportation and provi de a right-of-way designated exclusively for bi cycle travel adjacent to a roadway and which are separated from vehicular traffic. Types of separ ation include, but are not limited to, grade separation, f lexible posts, inflexible physical barriers, or on-street parkin g. (b) A municipality or county may prepare a bicycle transportatio n plan, which shall include, but not be limited to, the follo wing elements: (1) The estimated num ber of existing bicycle commuters in the plan area and the esti mated increase in the number of bicycle commuters result ing from implementation of the plan. (2) A map and description of exis ting and proposed land use and settlement patterns th at shall include, but not be limited to, locations of residential neig hborhoods, schools, shopping centers, public buildings, and majo r employment centers. (3) A map a nd description of existing and proposed bikeways. (4) A map and descrip tion of existing and proposed end-of-trip bicycle par king facilities. These shall include, but not be limited to, parking at schools, shopping centers, public buil dings, and major employment centers. (5) A map and description of existin g and proposed bicycle transport and parking f acilities for connections with and use of other tra nsportation modes. These shall include, but not be limited to , parking facilities at transit stops, rail and transit t erminals, ferry docks and landings, park and ride lots, and p rovisions for transporting bicyclists and bicycles on tran sit or rail vehicles or ferry vessels. (6) A map and descr iption of existing and proposed facilities for changing a nd storing clothes and equipment. These shall include, bu t not be limited to, locker, restroom, and shower facilitie s near bicycle parking facilities. (7) A description of bicycle safet y and education programs conducted in the area included w ithin the plan, efforts by the law enfo rcement agency having primary traffic law enforcement res ponsibility in the area to enforce provisions of the Il linois Vehicle Code pertaining to bicycle operation, and the resulting effect on accidents involvin g bicyclists. (8) A description of the extent of citizen and community involvement in development of the plan, includ ing, but not limited to, letters of support. (9) A description of how the b icycle transportation plan has been coordinated and is cons istent with other local or regional transportatio n, air quality, or energy conservation plans, including, but not limited to, programs that provide incentives fo r bicycle commuting. ( 10) A description of the projects proposed in the plan and a listing of their priorities for implementation. (11) A description o f past expenditures for bicycle facilitie s and future financial needs for projects that improve s afety and convenience for bicycle commuters in the plan a rea.(Source: P.A. 103-950, eff. 1-1-25; revised 10-21-24.) Section 1025. The Rivers, Lakes, and Streams Act is amended b y changing Section 18k as follows: (615 ILCS 5/18k) Sec. 18k. National Flood Insurance Program State agency requirements. (a) As used in this Secti on: "Department" means the Depart ment of Natural Resources. "Development" and "developed" mean any m an-made change to real estate, including, but not l imited to: (1) demolition, construction, reconstructi on, repair, placement of a building, or any structural alt eration to a building; (2) substantial improvement of an existing building; (3) installation of a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than 180 days per year; (4) installation of utilities, construction of roads, bridges , culverts, or similar projects; (5) redevelopment of a site, or c learing of land as an adjunct of construction, or constru ction or erection of levees, dams, walls, or fences; (6) drilling, mining, filling, dredging, gradin g, excavation, paving, or other alterations of the ground surface; (7) storage of mate rials, including the placement of gas or liquid storage tanks, a nd channel modifications or any other activity that might change the dire ction, height, or velocity of flood or surface waters. "Development" and "developed" do not include r esurfacing of pavement when there is no increase in elevation; construction of farm fencing; or gardening, plowing, and similar practices that do not involve filling, grading, or const ruction of levees. "Special flood hazar d area" means an area having special flood, mudflow or flood-related erosion haza rds and shown on a Federal Emergency Management Agency Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A, AO, A1-A-30, AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1- V30, VE, or V. "State agencies" means any department, commission, board, or agency under the jurisd iction of the Governor, any board, commission, agency, o r authority which has a majority of its members appoint ed by the Governor, and the Governor's Office. (b) The Department shall ensure that State agencies comply with National Flood Insurance P rogram requirements set forth in this Section. (c) All State agencies shall obtain a special flood h azard area development permit before undertaking developm ent activity on State-owned property that is l ocated in a special flood hazard area. The Department sha ll adopt an administrative rule setting forth a State speci al flood hazard area development program to ensure the following via the issuance of permits prior t o any State agency development within a special flood hazard area: (1) Review of all proposed ne w development in a special flood hazard area to ensure compliance with th e standards set forth in the administrative rule. (2) Mon itoring and inspectin g developments currently under construction in a special f lood hazard area to ensure compliance with the standards set forth in the administrative rule. (3) Correction, to the extent reasonably practical in the sole determina tion of the Department, of all previous development in a sp ecial flood hazard area found not to be in compliance with th e standards set forth in the admini strative rule. (4) The s tandards set forth in the administrative rule shall, at a minimum, be as stringent as the federal regulations adopted by th e Federal Emergency Management Agency to implemen t the National Flood Insurance Act (42 U.S.C. 4001 et seq.) tha t are published in 44 CFR 59 through 60. (d) State agencies that administer grants or loans for f inancing a development within a special flood hazard area shall c ooperate with the Department to ensure that participan ts in their programs are informed of the existence and l ocation of special flood hazard areas and of any State or local floodplain re quirements that are in effect in such areas. (e) State agencies that are responsible for regul ating or permitting a development within a special flo od hazard area shall cooperate with the Department to ensure that participants in their programs are informed of the existence and location of special flood hazard area s and of any State or local floodplain requirements that ar e in effect in such areas. (f) S tate agencies that are engaged in planning program s or promoting a program for the development shall cooperate with the Department to ensure that participants in t heir programs are informed of the existence and location of special flood hazard areas and of any State or local floodplain requirements in effect in such areas. (g) The Departme nt shall provide available special flood hazard area in formation to assist State agencies in complying with the re quirements established by this Section. The Departm ent may enter into a memorandum of understanding with a State agency to outline procedures and processes to review proposed development activity on State-owned property locate d in a special flood haza rd area. Such a memorandum of understanding may allow for alternative approvals for the issuance of permits. If the De partment enters into a memorandum of understanding with a State agency to allow an alternative permit process an y permits or work completed under those alternatives is subject to audit and review by the Department.(So urce: P.A. 103-905, eff. 1-1-25; revised 10-23-24.) Sect ion 1030. The County Airports Act is amended by changing Sections 60 and 61 as follows: (620 ILCS 50/60) (from

Ch. 15 1/2, par. 164) Sec. 60. If a majority of all votes cast upon the question shall be for th e issuing of bonds and the levying of an additional tax to pay the interest and principal of such bond, the county board shall issue and sell such amounts of said bonds as the Comm ission shall determine and certify, from time to time as b eing necessary to provide the means for accomplishing the purposes for which said bonds were voted. Such bonds sh all be issued in conformity to the requirements and provisions of the resolution adopted for the purpose of calling said election, provided howeve r the aggregate amounts of outstanding bonds issued under the provisions of this Act, shall at no time exceed 1% of the total value of all of the taxable property of the co unty as determined by the last assessment roll on which county general taxes was extended. The principal of such bonds shall be discharged within twenty years after the date of said election. S uch bonds shall bear interest, payable semi-annually, at a rate that does not exceed that permitted in the Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as now or hereafter amended. The proceeds from the sale of each issue of bonds shall be deposited in the county treasury a nd identified as "County Airports Bond Fund No. ....." Such proceeds shall be used only for the purposes stated in the re solution calling the election authorizing the issuing of sai d bonds, and as specified in the certificate of the Commission as in this Section section provided.(Source: P.A. 82-902; revised 8-19-24.) (620 ILCS 50/61) (from Ch. 15 1/2,

par. 165) Sec. 61. If the resolution ad opted by the county board or by petition, provides for the issu ance of revenue bonds or other evidence of indebtedness, the retirement of the principal there of and the interest thereon, to be accomplished from sources o ther than direct county taxes, the county board shall iss ue and sell such amounts of such bonds or other evidences of in debtedness as the Commission shall determine and certify, from time to time as being necessary to provide the means for accomplishi ng the purposes for which such bonds or other evidences of indebtedness are to be issued as set forth in said resol ution. Such bonds or other evidence of indebtedness shall be i ssued in conformity to the requirements and provisions of the said resolution authorizing such issuance. The principal of such bonds or other evidences of indebtedness shal l be discharged within thirty years after the date of the adoption of said resolution. Such bonds or other eviden ces of indebtedness shall bear interest, payable semi-annually, at a rate not to exceed that permitted in the Bond Authorization Act "An Act to authorize public corporati ons to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limita tions set forth therein", approved May 26, 1970, as now or here after amended. The proceeds from the sale of each issue of bonds shall be deposited in the county treasury and identified as "County Airports Revenue Bond Fund No. .. ..." Such proceeds shall be used only for the purposes stated in the said resolution and as specified in the certificate of the Commission as in this Section section provided. All such revenue bon ds and other evidences of indebtedness shall not, in any event, constitute or be deemed an indebtedness of the county within the meaning of any constitutional provisions or statu tory limitations as to debt, and it shall be so stated plainly on the face of each such bond or other evidence of indebtedne ss.(Source: P.A. 90-655, eff. 7-30-98; revised 8-19-24.) Section 1035. The Illinois Vehic le Code is amended by changing Sections 1-115.01, 3-402, 3-506, 3-699.14, 3-802, 3-804, 4-203, 5-102, 6-110, 6-118, 6-209.1, 11 -907, and 13-101 and by setting forth and r enumbering multiple versions of Section 3-699.22 as fo llows: (625 ILCS 5/1-115.01) Sec. 1-115.01. Detached catalytic converter. "Detac hed catalytic converter" means a catalytic converter, as defi ned in Section 1-110.05 of this the Code, that was previously installed on a motor vehicle and subsequently removed. (Source: P.A. 103-677 , eff. 1-1-25; revised 10-23-24.) (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402) Sec. 3-402. Vehicles subject to registration; exceptions. A. Exemptions and Policy. Every motor vehicle, trailer, semitrailer and pole trailer when driven o r moved upon a highway shall be subject to the registratio n and certificate of title provisions of this Chapter except: (1) Any such vehicle driven or moved upon a highway in conformance with the provisions of this Chapter rela ting to manufacturers, transporters, dealers, lienholders or nonresidents or under a temporary registration permi t issued by the Secretary of State; (2) Any implement of husbandry whether of a type otherwise subject to registration hereunder or no t which is only incidentally operated or moved upon a highway, which s hall include a not-for-hire movement for the purpose of delivering farm commodities to a place of first processing or sale, or t o a place of storage; (3) Any special mobile equipment as herein defined; (4) Any vehicle which is propelled exclusively by electric power obtained from overhead trolley wires though not o perated upon rails; ( 5) Any vehicle which is equipped and used exclusively as a pumper, ladder truck, rescue vehicle, searchlight truck, or other fire apparatus, but not a vehicle of a type which would otherwise be subject to registration as a vehicle of the first division ; (6) Any vehicle whic h is owned and operated by the federal government and ex ternally displays evidence of federal ownership. It is the policy of the State of Illinois to promote and encourage t he fullest use of its highways and to enhance the flow of commerce thus contributing to the economic, agricultur al, industrial and social growth and development of thi s State, by authorizing the Secretary of State to negotiate and enter into reciprocal or proportional agreements or arrange ments with other States, or to issue declarations setting forth reciprocal exemptions, benefits and privileges with respect to vehicles operated interstate which are properly registered in this and other States, assuri ng nevertheless proper registration of vehicles in Illinois as may be required by this Code; (7) Any converter dolly or tow dolly which mer ely serves as substitute wheels for another legally lic ensed vehicle. A title may be issued on a voluntary basis to a tow dolly upon receipt of the manufacturer's certif icate of origin or the bill of sale;

(8) Any house trailer found to be an abandone d mobile home under the Abandoned Mobile Home Act; (9) Any vehicle that is not properly registered or does not have registration plates or digital registration plates issued to th e owner or operator affixed thereto, or that does have regi stration plates or digital registration plates i ssued to the owner or operator affixed thereto but the pla tes are not appropriate for the weight of the vehicle, prov ided that this exemption shall apply only while the vehicl e is being transported or operated by a towing servi ce and has a third tow plate affixed to it; (10) Low-speed electric scooters.

B. Reciprocity. Any motor vehicle, trailer, semitrailer or pole trailer need not be re gistered under this Code provided the same is operated i nterstate and in accordance with the following provisions and any rules and regulations promulgated pursuant there to: (1) A nonresident owner, except as otherwise provided in this Section, owning any foreign registered vehicle of a type otherwise subject t o registration hereunder, may operate or permit the operation of such v ehicle within this State in interstate commerce without r egistering such vehicle in, or paying any fees to, this St ate subject to the condition that such vehicle at all times when operated in this State is operated pursuant to a reci procity agreement, arrangement or declaration by this State , and further subject to the condition that such vehi cle at all times when operated in this State is duly re gistered in, and displays upon it, a valid registration card and registration plate or plates or digital registration plate or plates issued for such vehicle in the place of residence of such owner and is i ssued and maintains in such vehicle a valid Illinois recipr ocity permit as required by the Secretary of State, and provi ded like privileges are afforded to residents of this State by the State of residence of such owner. Every nonresident including any f oreign corporation carrying on business within this State an d owning and regularly operating in such business any moto r vehicle, trailer or semitrailer within this State in i ntrastate commerce, shall be required to register each such vehicle and pay the same fees therefor as is required with reference to like vehicles owned by residents of thi s State. (2) Any motor v ehicle, trailer, semitrailer and pole trailer operat ed interstate need not be registered in this State, provi ded: (a) that the vehicle is properly registered in another State pursuant to law or to a reciprocity agreement, arrangement o r declaration; or

(b) that such vehicle is part of a fleet of vehicl es owned or operated by the same person who registers s uch fleet of vehicles pro rata among the various Sta tes in which such fleet operates; or (c) that such vehicle is part of a fleet of vehicles, a portion of which are registered with the Secretary of State of Illinois in accordance with an agree ment or arrangement concurred in by the Secretary of S tate of Illinois based on one or more of the following f actors: ratio of miles in Illinois as against total mil es in all jurisdictions; situs or base of a vehicle, or wh ere it is principally garaged, or from whence it is principally dispatched or where the movements of such vehicle usually originate; situs of the residence of the owner or operator thereof, or of his principal office or offices, or of his places of business; the routes traversed and whether regular or ir regular routes are traversed, and the jurisdictions travers ed and served; and such other factors as may be de emed material by the Secretary and the motor vehicle administrators of the other jurisdictions involved in such apportionment. Such vehicles shall maintain therein any reciproci ty permit which may be required by the Secretary of State pursuant to rules and regulations which the Secretary of State may prom ulgate in the administration of this Code, in the public interest. (3)(a) In order to effectuate the purposes of this Code, the Secretary of State of Illinois is empowered to negotia te and execute written reciprocal agreements or a rrangements with the duly authorized representati ves of other jurisdictions, including States, distr icts, territories and possessions of the United States, and foreign states, provinces, or countries, grantin g to owners or operators of vehicles duly registered or licensed in such other jurisdictions and for which ev idence of compliance is supplied, benefits, privileges a nd exemption from the payment, wholly or partially, of any taxes, fees or other charges imposed with respect to the ownership or operation of such vehicles by the laws of this State except the tax imposed by the Motor Fuel Tax Law, approved March 25, 1929, as amended, and the tax imposed by the Use Tax Act, approved Jul y 14, 1955, as amended.

The Secretary of State may negotiate agree ments or arrangements as are in the best inte rests of this State and the residents of this State pu rsuant to the policies expressed in this Secti on taking into consideration the reciprocal exemptions, b enefits and privileges available and accruing to resident s of this State and vehicles registered in this State. (b) Such reciprocal ag reements or arrangements shall provide that vehicl es duly registered or licensed in this State when oper ated upon the highways of such other jurisdictions, s hall receive exemptions, benefits and privileges of a similar kind or to a similar degree as extended to vehicles from such jurisdictions in this State.

(c) Such agreements or arra ngements may also authorize the apportionment of registra tion or licensing of fleets of vehicles operated interstate , based on any or all of the following factors: ratio of miles in Illinois as against total miles in all juris dictions; situs or base of a vehicle, or where it is pr incipally garaged or from whence it is principally dispatched or where the movements of such ve hicle usually originate; situs of the residence of the o wner or operator thereof, or of his principal office or o ffices, or of his places of business; the routes travers ed and whether regular or irregular routes are traversed, and the jurisdictions traversed and served; and such other factors as may be deemed material by the Secreta ry and the motor vehicle administrators of the other jurisd ictions involved in such apportionment, and such vehicles shall likewise be entitled to reciprocal exemptions, benefits and privileges. (d) Such agreements or arrangements shall also p rovide that vehicles being operated in intrastate com merce in Illinois shall comply with the registration and licensing laws of this State, except tha t vehicles which are part of an apportioned fleet may con duct an intrastate operation incidental to their interst ate operations. Any motor vehicle properly registered and qualified under any reciprocal agreement or arrangemen t under this Code and not having a situs or base withi n Illinois may complete the inbound movement of a trailer o r semitrailer to an Illinois destination that was brought into Illinois by a motor vehicle also properly registe red and qualified under this Code and not having a si tus or base within Illinois, or may complete an outbound movement of a trailer or semitrailer to an out-of-state destination that was originated in Illinois by a motor vehicle also properly registered and qualified under this Code and not having a situs or base in Illin ois, only if the operator thereof did not break bulk of the cargo laden in such inbound or outbound trailer or semitraile r. Adding or unloading intrastate cargo on such inbound or ou tbound trailer or semitrailer shall be deemed as breaki ng bulk. (e) Such agree ments or arrangements may also provide for the determinatio n of the proper State in which leased vehicles shall be r egistered based on the factors set out in subsection (c) above and for apportionment of registration of f leets of leased vehicles by the lessee or by the lessor who leases such vehicles to persons who are not fleet op erators. (f) Such ag reements or arrangements may also include reciprocal exem ptions, benefits or privileges accruing under The Illinois Driver Licensing Law or The Driver License Compact.

(4) The Secretary of Sta te is further authorized to examine the laws and requirements of other jurisdictions, and, in the absence of a written a greement or arrangement, to issue a written declaration of the extent and nature of the exemptions, benefits and p rivileges accorded to vehicles of this State by such othe r jurisdictions, and the extent and nature of recipro cal exemptions, benefits and privileges thereby accorded by this State to the vehicles of such other jurisdictions. A declaration b y the Secretary of State may include any, part or all recip rocal exemptions, benefits and privileges or provisions as may be included within an agreement or arrangement. (5) All agreements, arrangements, declarations and amendments thereto, shall b e in writing and become effective when signed by the Secre tary of State, and copies of all such documents sh all be available to the public upon request. (6) The Secretary of State is furt her authorized to require the display by foreign regis tered trucks, truck-tractors and buses, entitled to reciprocal benefits, exemptions or privileges hereunder, a reciprocity permit for external display befor e any such reciprocal benefits, exemptions or privileges ar e granted. The Secretary of State shall provide suitable ap plication forms for such permit and shall promulgate and publish reasonable rules and regulations for the ad ministration and enforcement of the provisions of this Co de including a provision for revocation of such permi t as to any vehicle operated wilfully in violation of the t erms of any reciprocal agreement, arrangement or declaratio n or in violation of the Illinois Motor Carrier of Proper ty Law, as amended. (7)(a) Upon the suspen sion, revocation or denial of one or more of all reciproc al benefits, privileges and exemptions existing pur suant to the terms and provisions of this Code or by virtue of a reciprocal agreement or arrangement or decl aration thereunder; or, upon the suspension, revoc ation or denial of a reciprocity permit; or, upon any acti on or inaction of the Secretary in the administrat ion and enforcement of the provisions of this Code, any person, r esident or nonresident, so aggrieved, may serve upon the Secretary, a petition in writing and under oath, setting f orth the grievance of the petitioner, the grounds and b asis for the relief sought, and all necessary facts and particulars, and request an administrative hearing thereo n. Within 20 days, the Secretary shall set a hearing date as early as practical. The Secretary may, in his discr etion, supply forms for such a petition. The Secretar y may require the payment of a fee of not more than $ 50 for the filing of any petition, motion, or request for hearing conducted pursuant to this Section. These fees must be deposited into the Se cretary of State DUI Administration Fund, a special fund t hat is hereby created in the State treasury, and, subje ct to appropriation and as directed by the Secretary of S tate, shall be used to fund the operation of the hearin gs department of the Office of the Secretary of Stat e and for no other purpose. The Secretary shall establish by rule the amount and the procedures, terms, and condit ions relating to these fees. (b) The Secretary may likewise, in his discretion and upon his own petition, order a hearing, when in his best judgment, any person is not entitled to the reciprocal benefits, privileges and exemptions existing pursuan t to the terms and provisions of this Code or un der a reciprocal agreement or arrangement or declara tion thereunder or that a vehicle owned or operated by suc h person is improperly registered or licensed, or that an Illinois resident has improperly registered or licensed a vehicle in another jurisdiction for the purposes of viol ating or avoiding the registration laws of this State. (c) The Secretary shall n otify a petitioner or any other person involved of such a hearing, by giving at least 10 days notice, in writin g, by U.S. Mail, Registered or Certified, or by personal service, at the last known address of such petitione r or person, specifying the time and place of such hearing. Such hearing shall be held before the Secretary, or any person as he may designate, and unless the parties m utually agree to some other county in Illinois, the h earing shall be held in the County of Sangamon or the County of Cook. Appropriate records of the hearing shall be kep t, and the Secretary shall issue or cause to be issued, his decision on the case, within 30 days after the close of such hearing or within 30 days after receipt of the transcript thereof, and a copy shall likewis e be served or mailed to the petitioner or person invol ved. (d) The actions or inactions or determinations, or findings and decisions upon an administrative hearing, of the Secretary, sh all be subject to judicial review in the Circuit Court of the County of Sangamon or the County of Cook, and the provisions of the Administrative Review Law, and all amendments and modifications there of and rules adopted pursuant thereto, apply to and govern all such reviewable matters. Any reciprocal agreements or arrangements entered into by the Secretary of State or any declarations iss ued by the Secretary of State pursuant to any law in effe ct prior to the effective date of this Code are not hereby abrogated, and such shall continue in force and effect u ntil amended pursuant to the provisions of this Code or exp ire pursuant to the terms or provisions thereof. C. Vehicles purchased out-of-stat e. A resident of this State who purchases a vehicle in another state and transports the vehicle to Illinois shall apply for registration and certificate of title as soon as practicable, but in no event more th an 45 days after the purchase of the vehicle. If an Illin ois motorist who purchased a vehicle from an out-of-state licensed dealer is unable to meet the 45-day deadline due to a delay in paperwork from the seller , that motorist may obtain an Illinois temporary registrati on plate with: (i) proof of purchase; (ii) proof of mee ting the Illinois driver's license or identification ca rd requirement; and (iii) proof that Illinois tit le and registration fees have been paid. If fees have not bee n paid, the motorist may pay the fees in order to obtain the temporary registration plate. The owner of such a vehi cle shall display any temporary permit or registra tion issued in accordance with Section 3-407. (Source: P.A. 103-209, eff. 1-1-24; 103-899, eff. 8-9-24; revised 10-7-24.) (62

5 ILCS 5/3-506) Sec. 3-506. Transfer of plates to spouses of military service me mbers. Upon the death of a military service member who has been issued a special plate under Section 3-60 9.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3- 642, 3-645, 3-647, 3-650, 3-651, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12 , 3-699.15, 3-699.16, 3-699.17, 3-699. 19, 3-699.20, or 3-699.25 3-699.22 of this Code, the survi ving spouse of that service member may retain the plate so lon g as that spouse is a resident of Illinois and transfers the registration to his or her name w ithin 180 days of the death of the service member. For the purposes of this Section, "service member" means any individual who is serving or has served in any branch of the United States Armed Forces, including the National Guard or other r eserve components of the Armed Forces, and has been issued a special plate listed in this Section.(Source: P.A. 102-154, eff. 1-1-22; 103-660, eff. 1-1-25; revised 9-25-24.) (625 ILCS 5/3-699.14) Sec. 3-699.14. Universal special license plates. (a ) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and app lications made in the form prescribed by the Secretary, may issue Universal special license plates to reside nts of Illinois on behalf of organizations that have been author ized by the General Assembly to issue decals for Universal spe cial license plates. Appropriate documentation, as determined by the Secretary, shall accompany each application. Authorized organizatio ns shall be designated by amendment to this Section. When app lying for a Universal special license plate the applicant sha ll inform the Secretary of the name of the authorized organiza tion from which the applicant will obtain a decal to place on the plate. The Secretary shall make a record of that organization and that organization shall remain affiliated with that plate until the plate is surrendered, revoked, or otherw ise cancelled. The authorized organization may charge a fee to offset the cost of produ cing and distributing the decal, but that fee shall be retained by the authorized organization and shall be separate an d distinct from any registration fees charged by the Sec retary. No decal, sticker, or other material may be affixed to a Universal special license plate other than a deca l authorized by the General Assembly in this Section or a registration renewal sticker. The special plates issued und er this Section shall be affixed only to passenger vehicles of the first division, including motorcycles and autocycles, o r motor vehicles of the second division weighing not more th an 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure under Sec tion 3-414.1 of this Code. (b) The d esign, color, and format of the Universal special license plate shall be wholly within the discretion of the Secretary. Univer sal special license plates are not required to designate "Land of Lincoln", as prescribed in subsection (b) of Sect ion 3-412 of this Code. The design shall allow for the application of a decal to the plate. Organizations au thorized by the General Assembly to issue decals for Universal special license plates shall comply with rules adopted by the Secretary governing the requirements for and approval of Un iversal special license plate decals. The Secretary may, in his or her discretion, allow Universal special license p lates to be issued as vanity or personalized plates in acco rdance with Section 3-405.1 of this Code. The Secretary o f State must make a version of the special registration pl ates authorized under this Section in a form appropriate for mo torcycles and autocycles. (c) When authori zing a Universal special license plate, the General Asse mbly shall set forth whether an additional fee is to be charged for the plate and, if a fee is to be charged, the amount of the fee and how the fe e is to be distributed. When necessary, the authorizing lan guage shall create a special fund in the State treasury into which fees may be deposited for an authorized Universal spec ial license plate. Additional fees may only be charged if the fee is to be paid over to a State agency or to a charitable e ntity that is in compliance with the registration and r eporting requirements of the Charitable Trust Act and the Solicitation for Charity Act. Any charitable entity receivi ng fees for the sale of Universal special license plates shall annually provide the Secretary of State a letter o f compliance issued by the Attorney General verifying that the entity is in compliance with the Charitable Trust Act and the Sol icitation for Charity Act. (d) Upon original issuance and for each registration renewal period, in addition to the appropriate registration fee, if applicable , the Secretary shall collect any additional fees, if re quired, for issuance of Universal special license plates. The f ees shall be collected on behalf of the organization designated by the applicant when applying for the plate. All fees coll ected shall be transferred to the State agency on whose behalf the fees were collected, or paid into the special f und designated in the law authorizing the organization to iss ue decals for Universal special license plates. All money in the designated fund shall be distributed by the Secretary su bject to appropriation by the General Assembly. (e) The following organizations may issue decals for Univers al special license plates with the original and renewal fees an d fee distribution as follows: (1) The Illinois Department of Natural Resources. (A) Original issuance: $25; with $10 to the Roadside Monarch Habitat Fund and $15 to the Secr etary of State Special License Plate Fund. (B) Renewal: $25; with $23 t o the Roadside Monarch Habitat Fund and $2 to the Secretary of State Special License Plate Fund. (2) Illinois Veterans' Homes. (A) Original issuance: $26, which sh all be deposited into the Illinois Veterans' Homes Fund. (B) Renewal: $26, which shall be deposited into the Illinois Veterans' Homes F und. (3) The Illinois De partment of Human Services for volunteerism decals. (A) Original issuance: $25 , which shall be deposited i nto the Secretary of State Special License Plate Fund . (B) Renewal: $25, wh ich shall be deposited into the Secretary of State Special License P late Fund. (4) The Illinois Department of Public H ealth. (A) Orig inal issuance: $25; with $10 to the Prostate Cancer Awa reness Fund and $15 to the Secretary of State Special License Plate Fund. (B) Renewal: $2 5; with $23 to the Prostate Cancer Awareness Fund and $2 to the Secretary of State Special License Plate Fund. (5) Horsemen's Council of Illinois.

(A) Original issuance: $25; with $10 to the Horsemen's Council of Illinois Fund and $15 to the Secretary of State Special License Plate Fun d. (B) Renewal: $25; wi th $23 to the Horsemen's Council of Illinois Fund and $2 to the Secretary of State Special License Plate F und. (6) K9s for Vet erans, NFP. ( A) Original issuance: $25; with $10 to th e Post-Traumatic Stress Disorder Awareness Fund and $1 5 to the Secretary of State Special License Plate Fund. (B) Renewal: $25; with $23 to the Post-Traumatic Stress Dis order Awareness Fund and $2 to the Secretary of State Sp ecial License Plate Fund. (7) The International Association of Machinists and Aerospac e Workers. (A) Origi nal issuance: $35; with $20 to the Guide Dogs of America Fund and $15 to the Secretary of State Special Li cense Plate Fund. (B) Renewal: $25; with $23 going to the Guide Dogs of America Fund a nd $2 to the Secretary of State Special License Pla te Fund. (8) Local Lodge 701 of the Inter national Association of Machinists and Aerospace Workers.

(A) Origi nal issuance: $35; with $10 to the Guide Dogs of America Fund, $10 to the Mechanics Training Fund, and $15 to the Secretary o f State Special License Plate Fund. (B) Renewal: $30; with $13 to the Guide Dogs of America Fund, $15 to the Mechanics Training Fund, and $2 to the Secretary of State Special License Plate Fund. (9) Illinois Department of Human Services. (A) Original issuance: $25; with $10 to the Theresa Tracy Trot - Illinois CancerCare Foundation Fund and $15 to the Secretary of State Special License Plate Fund. (B) Renewal: $25; with $23 to the Theresa Tracy Trot - Illinois CancerCare Foundation Fund and $2 to the Secretary of State Special License Plate Fund. (10) The Illinois Depar tment of Human Services for developmental disabilities aw areness decals. (A ) Original issuance: $25; with $10 to the Developmental Disabilitie s Awareness Fund and $15 to the Secretary of State Special Lic ense Plate Fund.

(B) Renewal: $25; with $23 to the Developm ental Disabilities Awareness Fund and $2 to the S ecretary of State Special License Plate Fund. (11) The Illinois Department of H uman Services for pediatric cancer awareness decals . (A) Original issuance: $25; with $10 to the Pediatric Cancer Awareness Fund and $15 to the Secretary of State Special License Plate Fund. (B) R enewal: $25; with $23 to the Pediatric Cancer Awareness Fund and $2 to the Secretary of State Sp ecial License Plate Fund. (12) The Department of Veterans' Affairs for Fold of Honor decals. (A) Original issuance: $25; w ith $10 to the Folds of Honor Foundation Fund and $15 to the Secretary of State Special License Plate Fund. (B) Renewal: $25; with $23 to the Fol ds of Honor Foundation Fund and $2 to the Secretary o f State Special License Plate Fund. (13) The Illinois chapters of the Experimental Aircraft Association f or aviation enthusiast decals. (A) Original issuance: $25; with $10 to the Ex perimental Aircraft Association Fund and $15 to the Secre tary of State Special License Plate Fund. (B) Renewal: $25; with $23 to the Exp erimental Aircraft Association Fund and $2 to t he Secretary of State Special License Plate Fund. (14) The Illinois Department of Human Services for Ch ild Abuse Council of the Quad Cities decals. (A) Original issua nce: $25; with $10 to the Child Abuse Council of the Quad C ities Fund and $15 to the Secretary of State Special License Plate Fund. (B) Renewal: $25; with $23 to the Child Abus e Council of the Quad Cities Fund and $2 to the Secretary of Sta te Special License Plate Fund. (15) The Illinois Department of Public Healt h for health care worker decals. (A) Original issuance: $25; with $10 to the Illinois Health Care Workers Benefit Fund, and $15 to the Secretary of Sta te Special License Plate Fund. (B) Renewal: $25; with $23 to the Illi nois Health Care Workers Benefit Fund and $2 to the Secretary of State Speci al License Plate Fund.

(16) The Department of Agriculture for Future Farmers of America decals. (A) Original issuance: $25; with $10 to the Future Farmers o f America Fund and $15 to the Secretary of State Special License Plate Fund. (B) Renewal: $25; wit h $23 to the Future Farmers of America Fund and $2 to the Secretary of State Special License Plate Fund. (17) The Illinois Department of Public Health f or autism awareness decals that are designed with input from autism advocacy organizations. (A) Original issuance: $25; with $10 to the A utism Awareness Fund and $15 to the Secretary of State S pecial License Plate Fund.

(B) Renewal: $25; with $23 to the Autism A wareness Fund and $2 to the Secretary of State Special License Plate Fund. (18) The Department of Natural Resources for Lyme disease research decals. (A) Original issuance: $25; wit h $10 to the Tick Research, Education, and Evaluation Fund a nd $15 to the Secretary of State Special License Plate Fund. (B) Renew al: $25; with $23 to the Tick Research, Education, a nd Evaluation Fund and $2 to the Secretary of State Special Lic ense Plate Fund. (19) The IBEW Thank a Line Worker decal. (A) Original issuance: $15, which shall be deposited into the Secretary of State Special License Plate Fund. (B) Renewal: $2, which shall be deposited into the Secret ary of State Special License Plate Fund. (20) An Illinois chapter of the Nav y Club for Navy Club decals. (A) Original issuance: $5; which shall be deposit ed into the Navy Club Fund. (B) Renewal: $18; which sh all be deposited into the Navy Club Fund. (21) (20) An Illinois chapter of the International Brotherhood of Electrical Workers for International Brotherhood of Electrical Workers decal. (A) Original issuance: $25; with $10 to the International Brotherhood of Electrical Workers Fund and $15 to the Secretary of State Special License Plate Fund. (B) Renewal: $25; with $23 to the International Brothe rhood of Electrical Workers Fund and $2 to the Secretar y of State Special License Plate Fund. (22) (20) The 100 Club of Illinois deca l. (A) Original issuance: $45; with $30 to the 100 Club of Illinois Fund and $15 to the Secr etary of State Special License Plate Fund. (B) Renewal: $27; with $25 to the 100 Club of Illinois Fund and $2 to the Secr etary of State Special License Plate Fund. (23) (20) The Illinois USTA/Midwest Youth Tennis Foundation decal. (A) Original issuance: $40; wit h $25 to the Illinois USTA/Midwest Youth Tennis Foundation Fund and $15 to the Secretary of State Special License Plate Fund. (B) Renewal: $40; with $38 to the Illinois USTA/Midwest Youth T ennis Foundation Fund and $2 to the Secret ary of State Special License Plate Fund. (24) (20) The Sons of the American Legion decal. (A) Original issuance: $25; with $10 to the Sons of the American Legion Fund and $15 to the Secretary of State Special License Plate Fund. (B) Renewal: $25; with $23 to the Son s of the American Legion Fund and $2 to the Secretary of State Special License Plate Fund. (f) T he following funds are created as special funds in the State treasury: (1) The Roadside Monarch Habitat Fund. All money in the Roadside Monarch Habitat Fund shall be pa id as grants to the Illinois Department of Natur al Resources to fund roadside monarch and other pollinat or habitat development, enhancement, and restoration pr ojects in this State.

(2) The Prostate Cancer Aware ness Fund. All money in the Prostate Cancer Awareness F und shall be paid as grants to the Prostate Cancer F oundation of Chicago. (3) The Horsemen's Coun cil of Illinois Fund. All money in the Horsemen's Council of Illinois Fund shall be paid as grants to the Horsemen's Council of Illinois. (4) The Post-Traumatic Stress Disorder Awareness Fund. All money in the Post-Traumatic Stress Disorder Awareness Fund shal l be paid as grants to K9s for Veterans, NFP for support, education, and awareness of veterans with post-t raumatic stress disorder. (5) The Guide Dogs of America Fund. All mo ney in the Guide Dogs of America Fund shall be pai d as grants to the International Guiding Eyes, Inc., doing business as Guide Dogs of America. (6) The Mechanics Training Fund. All money in the Mechanics Training Fund shall be paid as grants to t he Mechanics Local 701 Training Fund. (7) The Th eresa Tracy Trot - Illinois CancerCare Foundation Fun d. All money in the Theresa Tracy Trot - Illinois Can cerCare Foundation Fund shall be paid to the Illinois CancerCare Foundation for the purpose of furthering pancreatic cancer research. (8) The Developmental Dis abilities Awareness Fund. All money in the Developmental Disabilities Awareness Fund shall be paid as grants to the Illinois Department of Human S ervices to fund legal aid groups to assist with guardianship fee s for private citizens willing to become guardians for ind ividuals with developmental disabilities but who ar e unable to pay the legal fees associated with becoming a guardian.

(9) The Pediatric Cance r Awareness Fund. All money in the Pediatric Cancer Awaren ess Fund shall be paid as grants to the Cancer Center at I llinois for pediatric cancer treatment and res earch. (10) The Folds of Honor Foundation Fund. All money in the Folds of Ho nor Foundation Fund shall be paid as grants to the Folds of Hono r Foundation to aid in providing educational scholarships to military families. (11) T he Experimental Aircraft Association Fund. All money in t he Experimental Aircraft Association Fund shall be paid, subject to appropriation by the General Assembly and distribu tion by the Secretary, as grants to promote recreational avia tion. (12) The Chil d Abuse Council of the Quad Cities Fund. All money in the Child Abuse Council of the Quad Cities Fund shall b e paid as grants to benefit the Child Abuse Council of th e Quad Cities. (13) Th e Illinois Health Care Workers Benefit Fund. All money in the Illinois Health Care Workers Benefit Fund sha ll be paid as grants to the Trinity Health Foundation for th e benefit of health care workers, doctors, nurses, an d others who work in the health care industry in this State. (14) The Future F armers of America Fund. All money in the Future Farmers of A merica Fund shall be paid as grants to the Illinois Associa tion of Future Farmers of America. (15) The Tick Research, Education, and Evaluation Fund. All money in the Tick Research, Education, and Evaluation Fund shall be paid as grants to the Illinois Lyme Association.

(16) The Navy Club Fun d. All money in the Navy Club Fund shall be paid as gran ts to any local chapter of the Navy Club that is loca ted in this State. (17) (16) The Int ernational Brotherhood of Electrical Workers Fund. All m oney in the International Brotherhood of Electrical Worker s Fund shall be paid as grants to any local chapter of the International Brotherhood of Electrical Workers that is lo cated in this State.

(18) (16) The 100 Club of Illinois Fund. All money in the 100 Club of Illinois Fund shall be paid as grant s to the 100 Club of Illinois for the purpose of giving fina ncial support to children and spouses of first responders k illed in the line of duty and mental health resources for active duty first responders.

(19) (16) The Illinois USTA/M idwest Youth Tennis Foundation Fund. All money in the Il linois USTA/Midwest Youth Tennis Foundation Fun d shall be paid as grants to Illinois USTA/Midwest Youth T ennis Foundation to aid USTA/Midwest districts in the Sta te with exposing youth to the game of tennis. (20) (16) The Sons of the American Legion Fund. Al l money in the Sons of the American Legion Fund shall be paid as grants to the Illinois Detachment of the Sons of t he American Legion. (Source: P.A. 1 02-383, eff. 1-1-22; 102-422, eff. 8-20-21; 102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff. 8-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-112, eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1- 24; 103-605, eff. 7-1-24; 103-664, eff. 1-1-25; 103-665, eff. 1-1-25; 103-855, eff. 1-1-25; 103-911, eff. 1-1-25; 103-933, eff. 1-1-25; revised 11-26-24.) (625 ILC

S 5/3-699.22) Sec. 3-699.22. United States Submarine Veterans plates. (a) T he Secretary of State, upon receipt of all applicable fees a nd applications made in the form prescribed by the Secre tary, may issue special registra tion plates designated as United States Submarine Veterans plates to each resident of this Stat e who served in the United States Navy as a submariner. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, and motor vehicles of the second divi sion weighing not more than 8,000 pounds. Plates under this Section shall expire according to the multi-year procedure established by Section 3-414.1. (b) The plates shall dis play the United States Submarine Veterans logo and the phrase "Silent Service". In all other respects, the design a nd color of the special plates shall be wholly within the discretion of the Secretary. Appropriate documentatio n, as determined by the Secretary, shall accompany each application. The Secretary, in the Secretary's discretion, may allow the plates to be issued as vanity plates or personalized in accordance with Section 3-405.1. The plates are not required to designate "Land o f Lincoln", as prescribed in subsection (b) of Section 3-412. The Secretary shall prescribe the eligibility requir ements and, in his or her discretion, shall approve and pres cribe stickers or decals as provided under Section 3-412.(Source: P.A. 103-130, eff. 1-1-24.) (625 ILCS 5/3-699.25) Sec. 3-69 9.25 3-699.22. Air Force Combat Action Medal license plates. (a) In addition to any other special license plate, the S ecretary, upon receipt of all applicable fees and applicati ons made in the form prescribed by the Secretary of State, may issue Air Force Combat Action Medal license plates t o residents of this State who have been awarded the Air Force C ombat Action Medal. The special Air Force Combat Action Medal plate i ssued under this Section shall be affixed only to passenger veh icles of the first division, motorcycles, and motor vehicles o f the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to th e staggered multi-year procedure established by Section 3-414.1. (b) The plates shall display the Air Force Combat Action Medal. In all other respects, the design, color, and format of the specia l plates shall be wholly within the discretion of the Secretary. The Secretary may, in the Secretary's own discretion, allow the plates to be issued as vanity plates or personalized in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land of Lincoln", as prescribed in subsection (b) of S ection 3-412. The Secretary shall prescribe t he eligibility requirements and, in the Secretary's own discr etion, shall approve and prescribe stickers or decals as provi ded under Section 3-412.(Source: P.A. 103-660, eff. 1-1-25; revised 12-3-24 .) (625 ILCS 5/3-802) (from Ch. 95

1/2, par. 3-802) Sec. 3-802. Rec lassifications and upgrades. (a) Definitions. For the purposes of this Sec tion, the following words shall have the meanings ascribe d to them as follows: "Recla ssification" means changing the registration of a vehicle fr om one plate category to another.

"Upgrade" means increasing the registered weight o f a vehicle within the same plate category. (b) Wh en reclassing the registration of a vehicle from one plate cate gory to another, the owner shall receive credit for the unused port ion of the present plate and be charged the current porti on fees for the new plate. In addition, the appropriate replacement plate and replacement sticker fees shall be assessed.

(b-5) Any individual who has a registration issued under either Section 3-405 or 3-405.1 that qualifies for a special license plate under Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-65 1, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3- 681, 3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12, 3-699. 15, 3-699.16, 3-699.17, 3-699.19, 3-699.20, or 3-699.25 3-699.22 may reclass his or her registration upon acquiri ng a special license plate listed in this subsection (b-5) without a replacement plate or digital plate fee or regi stration sticker or digital registration sticker cost. (b-10) Any individual who has a spec ial license plate issued under Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3 -628, 3-638, 3-642, 3-645, 3-647, 3-6 50, 3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12, 3-699.17, or 3-699.25 3-699.22 may recl ass his or her special license plate upon acquiring a new registration under Section 3-405 or 3-405.1 without a replacement plate or digital plate fee or registration sticker or digital registration s ticker cost. (c) When upgrading the weight of a registration within the same plate cate gory, the owner shall pay the difference in current period f ees between the 2 plates. In addition, the appropriate replaceme nt plate and replacement sticker fees shall be assessed. In the event new plat es are not required, the corrected registration card fee sha ll be assessed. (d) In the event the owner of the vehicle desires to c hange the registered weight and change the plate category, the owner shall receive credit for the unused portion of t he registration fee of the current plate and pay the current portion of the registration fee for the new plate, and i n addition, pay the appropriate replacement plate and replacement sticker fees. (e) Recla ssing from one plate category to another plate category can be done only once within any registration period. (f) No refunds shall be made in any of the circumstances f ound in subsection (b), subsection (c), or subsection (d); however, when r eclassing from a flat weight plate to an apportioned plate, a refund may be issued if the credit amounts to an overpayment. (g ) In the event the registration of a vehicle registered und er the mileage tax option is revoked, the owner shall be re quired to pay the annual registration fee in the new plate category and shall not receive any credit for the mileage pla te fees. (h) Certain special interest plates may be dis played on first division vehicles, second division vehicles weighing 8,000 pounds or less, and recreational vehicles. Those plates can be transferred within those vehicle gro ups. (i) Plates displayed on second divi sion vehicles weighing 8,000 pounds or less and passenger vehicle plates may be reclassed from one division to the other. (j) Other than in subsection (i), reclassing from one division to the other division is prohibited. In addition, a reclass from a motor vehicle to a tr ailer or a trailer to a motor vehicle is prohibited.(Source: P.A. 102-154, eff. 1-1- 22; 102-558, eff. 8-20-21; 103-6 60, eff. 1-1-25; revised 11-25-2 4.) (625 ILCS 5/3-804) (from Ch. 95 1/2, par. 3-804) Sec. 3-804. Antique vehicles. (a) The owner of an ant ique vehicle may register such vehicle for a fee not to exceed $13 for a 2-year antique plate. The applicatio n for registration must be accompanied by an affirmation of th e owner that such vehicle will be driven on the highway only for t he purpose of going to and returning from an antique auto show or an exhibition, or for servicing or demonstration and also affirming that the mechanical condition, physical c ondition, brakes, lights, glass, an d appearance of such vehicle is the same or as safe as origin ally equipped. The Secretary may, in his discretion , prescribe that antique vehicle plates be issued for a definite or an indefinite term, such term to correspond to the term of r egistration plates issued generally, as provided in Section 3-414.1. In no event may the registration fee for antique ve hicles exceed $6 per registration year. Any person requesting antique plates under this Section may also apply to have vanity or personalized plates as provided under Section 3-405.1. (b) Any person who is the registered owner of an antique vehicle may display a historical Illinois-issued license plate that represents the model year of the vehicle, furnished by such person, in lie u of the current and valid Illinois antique vehicle plates is sued thereto, provided that valid and current Illinois antique v ehicle plates and registration card issued to such antique vehicle are simultaneously carried within such vehicl e and are available for inspection.(Source: P.A. 103-706 , eff. 1-1-25; revised 10-24-24.) (625 ILCS 5/4-203) Sec . 4-203. Removal of m otor vehicles or other vehicles; towing or hauling away. (a) When a vehicle is abandoned, or left unattended, on a toll highway, interstate hi ghway, or expressway for 2 hours or more, its removal by a towi ng service may be authorized by a law enforcement agency havi ng jurisdiction. (b) When a vehicle is abandoned on a highway in an urb an district for 10 hours or more, its removal by a towing service may be authorized by a law enforcement agency having jurisdicti on. (c) When a vehicle is abandoned or left unattended on a highway other than a toll highway, interstate h ighway, or expressway, outside of an urban district for 24 ho urs or more, its removal by a towing service may be authorized by a law enforcement agency having jurisdiction.

(d) When an abandoned, unattended, wrecked, burned, or partially dismantled vehicle is creating a traffic hazard because of its position in relation to the highway or its physical appearance is causing the impedi ng of traffic, its immediate removal from the highway or private property adjacent to the hi ghway by a towing service may be authorized by a law enforce ment agency having jurisdiction. (e) Wh enever a peace officer reasonably believes that a person under arrest for a violation of Section 11-501 of this Code o r a similar provision of a local ordinance is likely, upon rele ase, to commit a subsequent violation of Section 11-501, or a similar provision of a local ordinance, the arrestin g officer shall have the vehicle which the person was operating at the time of the arr est impounded for a period of 12 hours after the time of arrest. However, such vehicle may be released by the arre sting law enforcement agency prior to the end of the impoundmen t period if: (1) the ve hicle was not owned by the person under arrest, and the law ful owner requesting such release possesses a valid ope rator's license, proof of ownership, and would not, as det ermined by the arresting law enforcement agency, indicate a lack of ability to operate a motor vehicle in a safe manne r, or who would otherwise, by operating such motor vehi cle, be in violation of this Code; or

(2) the vehicle is owned by the person under arrest, and the person under arrest gives permission to another per son to operate such vehicle, provided however, that the other person possesses a valid operator's license and would not, as dete rmined by the arresting law enforcement agency, indicate a lack of ability to operate a motor vehicle in a safe manner or who would otherwise, by operating such motor vehicle, be in v iolation of this Code. (e-5) Whenever a registered owner of a vehicle is taken into custody for opera ting the vehicle in violation of Section 11-501 of this Code or a similar provision of a local ordinance or Section 6-303 of this Code, a law enforcement officer may have the vehicle immediately impounded for a period not l ess than: (1) 24 hours for a second violation of Section 11-501 of this Code or a similar provision of a local ordinance or Section 6-303 of this Code or a combination of these offenses; or (2) 48 hours for a third violation of Section 11-501 of this Code or a similar provision of a local ordinance or Section 6-303 of this Code or a comb ination of these offenses. The vehicle m ay be released sooner if the vehicle is owned by the p erson under arrest and the person under arrest gives permi ssion to another person to operate the vehicle and tha t other person possesses a valid operator's license and would not, as determined by the arresting law enfo rcement agency, indicate a lack of ability to operate a motor vehicle in a safe manner or would otherwise, by operating the motor vehicle, be in viola tion of this Code. (f) Except as provided in Chapte r 18a of this Code, the owner or lessor of privately owned real pro perty within this State, or any person authorized by such own er or lessor, or any law enforcement agency in the case of publicly owned real property may cause any motor vehicle abandoned or left unattended upon such propert y without permission to be removed by a towing service with out liability for the costs of removal, tra nsportation, or stora ge, or damage caused by such removal, tra nsportation, or storage. The towing or r emoval of any vehicle from pr ivate property without the consent of the registered owner or other legally authorized person in control of the vehicle is subject to compliance with the following conditions and re strictions: 1. Any towed or removed vehicle must be stored at the site of the towing service's place of business. The site must be open during busin ess hours, and for the purpose of redemption of vehicles, duri ng the time that the person or firm towing suc h vehicle is open for towing purposes. 2. The towing service shall within 30 minu tes of completion of such towing or removal, notify the law enfo rcement agency having jurisdiction of such towing or remov al, and the make, model, color, and license plate numbe r of the vehicle, and shall obtain and record the name of the p erson at the law enforcement agency to whom such inform ation was reported. 3. If the registered owner or legally authorized person entitled to p ossession of the vehicle shall arrive at the scene prior to actual removal or tow ing of the vehicle, the vehicle shall be disconnected from th e tow truck and that person shall be allowed to remove the vehi cle without interference, upon the payment of a reasonable service fee of not more than one-half the posted rate of the towing service as provided in paragraph 6 of this su bsection, for which a receipt shall be given. 4. The rebate or payment of money or any other valuable consideration from the towing service or its owners, managers, or employees to the owners or operators of the premises fr om which the vehicles are towed or removed, for the pri vilege of removing or towing those vehicles, is prohi bited. Any individual who violates this paragraph shall b e guilty of a Class A misdemeanor. 5. Except for property appurtenant to a nd obviously a part of a single family residence, and exc ept for instances where notice is personally given to the own er or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable to unauthorized vehi cles and they are subject to being removed at the owner or operator's expense, any property owner or lessor, prior to towing or removing any vehicle from private property without the consent of the owner or other legally authorized person in control of that vehicle, must post a notice meeting the following requirements: a. Except as otherwise provided in subparagraph a.1 of t his paragraph 5 of this subsection subdivision (f)5, the notice must be prominently placed at each driveway access or cur b cut allowing vehicular access to the property within 5 feet from the public right-of-way line. If t here are no curbs or access barriers, the sign must be posted not less than one si gn each 100 feet of lot frontage. a.1. In a municipality with a popu lation of less than 250,000, as an alternative to the requi rement of subparagraph a of this paragraph 5 of t his subsection subdivision (f)5, the notice for a parking lot contained within pro perty used solely for a 2-family, 3-family, or 4-family residence may be prominently placed at t he perimeter of the parking lot, in a position where th e notice is visible to the occupants of vehicles entering t he lot. b. The notice must indicate clearly, in not less than 2 inch high light-reflective letters on a contrasting backgr ound, that unauthorized vehicles will be towed away at the owner's expense. c. The notice must also provide t he name and current telephone number of the towing ser vice towing or removing the vehicle. d. The sign structure containi ng the required notices must be permanently installe d with the bottom of the sign not less than 4 feet above ground le vel, and must be continuously maintained on the property for not less than 24 hours prior to the towing or removing of any vehicle. 6. Any towing service that tows or removes vehicles and proposes to require the owner, opera tor, or person in control of the vehicle to pay the costs of towing and storage prior to redemption of the vehicle must fil e and keep on record with the local law enforceme nt agency a complete copy of the current rates to be c harged for such services, and post at the storage site an id entical rate schedule and any written contracts with property owners, lessors, or persons in control of property w hich authorize them to remove vehicles as provided in this Section. The towing and storage charges, however, shall not excee d the maximum allowed by the Illinois Commerce Commission under Section 18a-200. 7. No person shall engage in the removal of vehicles from private property as described in this Sectio n without filing a notice of intent in each community where he intends to do such removal, and such notice shall be filed at least 7 days before commencing suc h towing. 8. N o removal of a vehicle from private property shall be d one except upon express written instructions of the owners or persons in charge of the private property upon which t he vehicle is said to be trespassing. 9. Vehicle entry for the purpose of r emoval shall be allowed with reasonable care on the par t of the person or firm towing the vehicle. Such person or firm shall be liable for any damages occasioned to the v ehicle if such entry is not in accordance with the standa rds of reasonable care. 9.5. Except as authorized by a law enforcement officer, no towing service shall engage in the removal of a commerc ial motor vehicle that requires a commercial driver's lice nse to operate by operating the vehicle under its ow n power on a highway. 1 0. When a vehicle has been towed or removed pursuant to thi s Section, it must be released to its owner, custodia n, agent, or lienholder within one-half hour after re quested, if such request is made during business hours. Any vehicle owner, cu stodian, agent, or lienholder shall have the right to inspect the vehicle before accepting its return, and no release or waiver of any kind which would release the towing ser vice from liability for damages incurred during the towing and storage may be required from any vehicle owner or other legally authori zed person as a condition of release of the vehicle. A det ailed, signed receipt showing the legal name of the to wing service must be given to the person paying towing or storage charges at the time of payment, whether requested or not. This Section shall not apply to law enforcemen t, firefighting, rescue, ambulance, or other emergency veh icles which are marked as such or to property owned by any governmental entity. When an authorized person improperly causes a motor veh icle to be removed, such person shall be liable to the owner or lessee of the vehicle for the cost of removal, transportation and storage, any damages resulting from the remova l, transportation and storage, attorney's fee, and court costs. Any towing or storage charges accrued shall be payable in cash or by cashier's check, certified check, debit car d, credit card, or wire transfer, at the option of the party taking possession of the vehicle. 11. Towing companies shall also prov ide insurance coverage for areas where vehicles towed under the provisions of this Chapter will be impound ed or otherwise stored, and shall adequately cover lo ss by fire, theft, or other risks. Any person who fails to comply with the co nditions and restrictions of this subsection shall be g uilty of a Class C misdemeanor and shall be fined no t less than $100 nor more than $500. (g )(1) When a vehicle is determined to be a hazardous dil apidated motor vehicle pursuant to Section 11-40-3.1 of the Illinois Municipal Code or Section 5-1 2002.1 of the Counties Code, its removal and impoundment by a towing service may be authorized by a law enforcement agency with appropriate jurisdiction. (2) When a vehicle removal from either public or private prop erty is authorized by a law enforcement agency, the owner of the vehicle shall be responsible for all towing and st orage charges. (3) Vehicles removed fro m public or private property and stored by a commercial vehicle reloca tor or any other towing service authorized by a law enfo rcement agency in compliance with this Section and Sections 4-201 and 4-202 of this Code, or at the request of the vehicle owner or operator, shall be subj ect to a possessor lien for serv ices pursuant to the Labor and Storage Lien (Small Amou nt) Act. The provisions of Section 1 of that Act relating to notice and implied consent shall be deemed satisfied by complian ce with Section 18a-302 and subsection (6) of Section 18a-300. In n o event shall such lien be greater than the rate or rates established in ac cordance with subsection (6) of Section 18a-200 of this Code. In no event shall such lien be increased or altered to refle ct any charge for services or materials rendered in addi tion to those authorized by this Code. Every such lien shall be payable in cash or by cash ier's check, certified check, debit card, credit card, or wire transfer, at the option of the party taking possession of the vehicle.

(4) Any personal property belonging to the vehicle owner in a vehicle subject to a lien under this subsection (g) shal l likewise be subject to that lien, excepting only: child res traint systems as defined in Section 4 of the Child Passenger Protection Act and other child booster seats; eyeglasses; food; medicine ; personal medical and health care devices, including hearing i nstruments; perishable property; any operator's licenses; any c ash, credit cards, or checks or checkbooks; any wallet, purse, or other property containing any operator's licenses, social security cards, or other identifying documents or materials, cash, cr edit cards, checks, checkbooks, or passbooks; higher educati on textbooks and study materials; and any personal property belon ging to a person other than the vehicle owner if that person provides adequate proof that the personal property belongs to t hat person. The spouse, child, mother, father, brother, or si ster of the vehicle owner may claim personal property exc epted under this paragraph (4) if the person claiming the personal property provides the commercial vehicle rel ocator or towing service with the authorization of the ve hicle owner. (5) This paragraph (5) applies only in the case of a vehicle that is towed as a result of being involved in a crash. In addition to the person al property excepted under paragraph (4), all other pers onal property in a vehicle subject to a lien under this subse ction (g) is exempt from that lien and may be claimed by the vehicle owner if the vehicle owner provides the commercial veh icle relocator or towing service with proof that the vehicle owner has an insurance policy covering towing and storag e fees. The spouse, child, mother, father, brother, or s ister of the vehicle owner may claim personal property in a v ehicle subject to a lien under this subsection (g) if the pers on claiming the personal property provides the commercial ve hicle relocator or towing service with the authorization o f the vehicle owner and proof that the vehicle owner has an in surance policy covering towing and storage fees. The regul ation of liens on personal property and exceptions to those l iens in the case of vehicles towed as a result of being invol ved in a crash are exclusive powers and functions of the State. A home r ule unit may not regulate liens on personal property and exceptions to those liens in the case of vehicles towed as a result of being involved in a crash. This paragraph (5) is a denial and limitation of home rule powers and functions under su bsection (h) of Section 6 of Article VII of the Illinois Const itution. (6) No lien under this subsection ( g) shall: exceed $2,000 in its total amount; or be increased or altered to reflect any charge for services or materials rende red in addition to those authorized by this Code. (h) Whenever a peace officer issues a citation to a dr iver for a violation of subsection (a), (a-5), or (b-5) of Section 11-506 of this Code or for a violati on of paragraph (1) of subsection (a) of Section 11-503 of this Code, the arresting officer may have the vehicle w hich the person was operating at the time of the arrest impounded for a period of 5 days after the time of arrest. An impounding agency shall release a motor vehicle impounded u nder this subsection (h) to the registered owner of the vehicl e under any of the following circumstances: (1) if the vehicle is a stolen vehicle; or (2) if the person ticketed f or a violation of subsection (a), (a-5), or (b-5) of Section 11-506 or paragraph (1) of subsection (a) of Section 11-503 of this Code was n ot authorized by the registered owner of the vehicle to ope rate the vehicle at the time of the violation; or (3) if the registered owner of the vehicl e was neither the driver nor a passenger in the vehicle at the time of the violation or was unaware th at the driver was using the vehicle to engage in street racing, street sid eshow, or reckless driving; or (4) if the legal owner or registered owner of the vehicle is a ren tal car agency; or (5) if, p rior to the expiration of the impoundment period specified abo ve, the citation is dismissed or the defendant is found not gui lty of the offense. (i) Except for vehicles exempted under subsection (b) of Section 7-601 of this Code, whenever a law enforceme nt officer issues a citation to a driver for a violation of Section 3-70 7 of this Code, and the driver has a prior convictio n for a violation of Section 3-707 of this Code in the past 12 mo nths, the arresting officer shall authorize the removal and impo undment of the vehicle by a towing service. (j) Notwithstanding any other provision of law, if a person has indicated in a timely filed report to the appropriate law enforcement agency that a vehicle towed pursuant to this Section has been stolen or hijacked then: (1) th e person shall not be liable for any governmentally impo sed fees, fines, or penalties; and (2) if a vehicle towed pursuant to t his Section is registered in Illinois and the name and address o f the registered owner of the vehicle is provided or made available to the towing service at the time of the tow, then the towing service must provide written notice of the tow to the registered owner within 2 business days after the ve hicle is towed by certified mail, return receipt requested. No storag e charges shall accrue if the vehicle is reclaimed by paying recovery and towing charges at the posted rates of the towing serv ice as provided by paragraph 6 of subsection (f) within 7 days after such notice is mailed. If the vehicle is registered in a state other than Illinois, then no storage charges shall accrue if the vehicle is reclaimed by paying recovery and to wing charges at the posted rates of the towing servic e as provided by paragraph 6 of subsection (f) within 7 days after a request for registered owner information is mailed by the towing service, c ertified mail, return receipt requested, to the a pplicable administrative agency or office in that state. The towi ng service shall enjoy a lien to secure payment of charge s accrued in compliance with this subsection. (Source: P.A. 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-706, eff. 1-1-25; 103-756, eff. 1-1-25; revised 11-26-24.) (625 ILCS 5/

5-102) (from Ch. 95 1/2, par. 5-102) Sec. 5-102. Us ed vehicle dealers must be licensed. (a) No person, other than a licensed new vehicle dealer, shall engage in the business of selling o r dealing in, on consignment or otherwise, 5 or more used vehicles of any make during the year (except house tr ailers as authorized by paragraph (j) of this Section an d rebuilt salvage vehicles sold by their rebuilders to pers ons licensed under this Chapter), or act as an interme diary, agent, or broker for any lic ensed dealer or vehicle purchaser (other than as a salesperson) or represent or advertise that he i s so engaged or intends to so engage in such business unless licens ed to do so by the Secretary of State under the provisions of this Section. ( b) An application for a used vehicle dealer's license shall be filed with the Secretary of State, duly verified by oath, in such form as the Secretary of State may by rule or regulation prescribe and shall contain: 1. The name and type of business organization established and additional places of business, if any, in this State. 2. If the applic ant is a corporation, a list of its officers, directors, and shareholders having a 10% ten percent or greater ownership interest in t he corporation, setting forth the residence address of e ach; if the applicant is a sole proprietorship, a partnersh ip, an unincorporated association, a trust, or any simil ar form of business organization, the names and residence address of the propriet or or of each partner, member, officer, director, trus tee, or manager. 3. A stat ement that the applicant has been approved for registration und er the Retailers' Occupation Tax Act by the Department of Revenue. However, this requ irement does not apply to a dealer who is already licen sed hereunder with the Secretary of State, and who is merely applying for a renewal of his license. As evidence of this f act, the application shall be accompanied by a certification from the Department of Revenue showing that the Department h as approved the applicant for registration under the Retai lers' Occupation Tax Act. 4. A statement that the applicant has complied with the appropriate liability insurance requirement. A Certificate of Insura nce in a solvent company authorized to do business in the State of Illi nois shall be included with each application coverin g each location at which he proposes to act as a used vehicle dealer. The policy must provide liability coverag e in the minimum amounts of $100,000 for bodily injury to, or death of, any person, $300,000 for bodily injury to , or death of, 2 two or more persons in any one crash, and $50,000 for dam age to property. Such policy shall expire not sooner than December 31 of the year for which the license was issue d or renewed. The expiration of the insurance polic y shall not terminate the liability under the policy aris ing during the period for which the policy was filed. Trail er and mobile home dealers are exempt from this requirement. If the per mitted user has a liability insurance policy that provides automobile liability insurance coverage of at least $100,000 for bodil y injury to or the death of any person, $300,000 for bodil y injury to or the death of any 2 or more persons i n any one crash, and $50,000 for damage to property, then the permitted user's insurer shall be the primary insurer and the dealer's insurer shall be the secondary insurer. If the permitted user does not have a liability insurance policy that provides automobile liability insurance coverage of at least $100,000 for bodily injury to or th e death of any person, $300,000 for bodily injury to or the death of any 2 or more persons in any one crash, and $50,000 for damage to property, or does n ot have any insurance at all, then the dealer's ins urer shall be the primary insurer and the permitted user's i nsurer shall be the secondary insurer. When a permitted user is "test driving" a used vehicle dealer's automobile, the used vehicle de aler's insurance shall be primary and the permitted user's insurance shall be secon dary. As used in this para graph 4, a "permitted user" is a person who, with the per mission of the used vehicle dealer or an employee of the us ed vehicle dealer, drives a vehicle owned and held for sale or lease by the used vehicle dealer which the person is cons idering to purchase or lease, in order to evaluate the pe rformance, reliability, or condition of the vehicle. T he term "permitted user" also includes a person who, with the permission of the used vehicle dealer, drives a vehicle owned or held for sale or lease by the used v ehicle dealer for loaner purposes while the user's vehicle is being repaired or evaluated. As used in this paragraph 4, "test driving" occur s when a permitted user who, with the permission of the u sed vehicle dealer or an employee of the used vehicle dealer, drives a vehicle owned and held for sale or lease by a used v ehicle dealer that the person is considering to purchase or l ease, in order to evaluate the performance, reliability, or condition of the vehicle.

As used in this paragraph 4, "loaner purposes" means when a person who, with the permission of t he used vehicle dealer, drives a vehicle owned or held for sale or lease by the used vehicle dealer while the u ser's vehicle is being repaired or evaluated. 5. An application for a used ve hicle dealer's license shall be accompanied by t he following license fees: (A) $1,000 for applicant's establishe d place of business, and $50 for each additional place o f business, if any, to which the application pertains; howe ver, if the application is made after June 15 of any y ear, the license fee shall be $500 for applicant's e stablished place of business plus $25 for each additional place of business, if any, to which the application pertai ns. License fees shall be returnable only in the event tha t the application is denied by the Secretary of State. Of th e money received by the Secretary of State as license fees under this subparagraph (A) for the 2004 licens ing year and thereafter, 95% shall be deposited into the General Revenu e Fund. (B) Except for dealers selling 25 or fewer automobiles or as provided in subsection (h) of Section 5-102.7 of this Code, an Annual Dealer Recovery Fund Fee in the amount of $500 for the applicant's established place of business, and $50 for each additional place of business, if any, to which the application pertains; but if the application is made after June 15 of any yea r, the fee shall be $250 for the applicant's established pla ce of business plus $25 for each additional pla ce of business, if any, to which the application pert ains. For a license renewal application, the fee shal l be based on the amount of automobiles sold in the past year according to the following formula: (1) $ 0 for dealers selling 25 or fewer less automobiles; (2) $150 for dealers selling more than 25 but fewer less than 200 automobiles;

(3) $300 for dealers selling 200 or mor e automobiles but fewer less than 300 automobiles; and (4) $500 for dealers selling 300 or more automobiles. License fees sha ll be returnable only in the event that the applicat ion is denied by the Secretary of State. Moneys rece ived under this subparagraph (B) shall be deposited in to the Dealer Recovery Trust Fund. 6. A statement that the applicant's of ficers, directors, shareholders having a 10% or greate r ownership interest therein, proprietor, partner, me mber, officer, director, trustee, manager, or other principals in the business have not committed in the past 3 years any one violation as determined in any civil, criminal, or administrative proceedings of any one of the following Acts: (A) Artic le I of Chapter 4 of this Code The Anti-Theft Laws of the Illinois Veh icle Code;

(B) Article I of Chapter 3 of this Code The Certificate of Title Laws of the Illinois Vehi cle Code; (C) Article VII of Chapter 3 of this Code The Offenses against Registr ation and Certificates of Title Laws of the Illinoi s Vehicle Code; (D) Chapter 5 of this Code The Deale rs, Transporters, Wreckers and Rebuilders Laws of th e Illinois Vehicle Code; (E) Section 21-2 of the Crimi nal Code of 1961 or the Criminal Code of 2012, Criminal Trespass to Vehicles; or (F) The Retailers' Occupation Tax Act. 7. A statement that the applicant 's officers, directors, shareholders having a 10 % or greater ownership interest therein, proprietor, partner, member, officer, director , trustee, manager, or other principals in the business have not committed in any calendar yea r 3 or more violations, as determined in any civil, criminal, or administrative proceed ings, of any one or more of the following Acts: (A) The C onsumer Finance Act; (B) The Consumer Installmen t Loan Act; (C) The Retail Installment Sales Act; ( D) The Motor Vehicle Retail Installment Sales Act; (E) The Interest Act; (F) The Illinois Wage Assignment Act; (G) Part 8 of Article XII of th e Code of Civil Procedure; or (H) The Consumer Fr aud and Deceptive Business Practices Act. 7.5 . A statement that, within 10 years of application, each officer, director, shareholder having a 10% or greate r ownership interest therein, proprietor, partner, membe r, officer, director, trustee, manager, or other princi pal in the business of the applicant has not committed, as determined in any civil, criminal, or administrative proceeding, in any calendar year one or more forcible felonies under the Criminal Code of 1961 or t he Criminal Code of 2012, or a violation of either or both Article 16 o r 17 of the Criminal Code of 1961 or a violation of either or both Article 16 or 17 of the Criminal Code of 2012, Article 29B of the Criminal Code of 1961 or t he Criminal Code of 2012, or a similar out-of-s tate offense. For the purposes of this paragraph, "forcible felony" has the meaning provided in S ection 2-8 of the Criminal Code of 2012. 8. A bond or Certificate of Deposit in the amount of $5 0,000 for each location at which the applic ant intends to act as a used vehicle dealer. The bond shal l be for the term of the license, or its ren ewal, for which application is made, and shall expire not soo ner than December 31 of the year for which the licen se was issued or renewed. The bond shall run to the Peopl e of the State of Illinois, with surety by a bonding o r insurance company authorized to do business in th is State. It shall be conditioned upon the proper tr ansmittal of all title and registration fees and taxes (excluding taxes under the Retailers' Occupation Tax Act) accepted by the applicant as a used vehicle dealer. 9. Such other informatio n concerning the business of the applicant as the Se cretary of State may by rule or regulation prescribe. 10. A statement th at the applicant understands Chapter 1 through Chapter 5 of this Code.

11. A copy of the certificat ion from the prelicensing education program. 12. The full name, address, and contac t information of each of the dealer's agents or legal rep resentatives who is an Illinois resident and liable for the performance of the dealership. (c) Any change which renders no longer accurate any information c ontained in any application for a used vehicle dealer's li cense shall be amended within 30 days after the occurrence o f each change on such form as the Secretary of State may p rescribe by rule or regulation, accompanied by an amendat ory fee of $2. (d) Anything in this Chap ter to the contrary notwithstanding, no person shall be lic ensed as a used vehicle dealer unless such person maintains an established place of bu siness as defined in this Chapter. (e) Th e Secretary of State shall, within a reasonable time af ter receipt, examine an application submitted to hi m under this Section. Unless the Secretary makes a determinat ion that the application submitted to him does not conform to t his Section or that grounds exist for a denial of the applic ation under Section 5-501 of this Chapter, he must grant the applicant an original used vehicle dealer's license in writing for his established place of business and a supplemental license in writing for each additional place of business in such form as he may prescribe by rule or regulation which shall i nclude the following: 1. The name of the person licensed; 2. If a corporation, the name and address of its o fficers or if a sole proprietorship, a partnership, an uninco rporated association or any similar form of business organization, the name and addre ss of the proprietor or of each partner, member, officer, direc tor, trustee, or manager; 3. In case of an original license, the established pla ce of business of the licensee; 4. In the case of a supplemental license, the establi shed place of business of the licensee and the additional plac e of business to which such supplemental license pertains;

5. The full name, address, and contact information of each of the dealer's agents or le gal representatives who is an Illinois resident and liable for the performance of the dealership. (f) The appropriate instrument evidencing the license or a cert ified copy thereof, provided by the Secretary of State shall be kept posted, conspicuously, in the established place of business of the licensee and in each additional place of business, if any, maintained by such licensee.

(g) Except as provided in subsection (h) of this Section , all used vehicle dealer's licenses granted under this Sec tion expire by operation of law on December 31 of the calen dar year for which they are granted unless sooner rev oked or cancelled under Section 5-501 of this Chapter. (h) A used vehic le dealer's license may be renewed upon application and payment of the fee required herein, and submission of proof of coverage by an approved bond under the Retailers' O ccupation Tax Act or proof that applicant is not subject to such bonding requirements, as in the case o f an original license, but in case an application for the re newal of an effective license is made during the month of December, the effective license shall remain in force unt il the application for renewal is g ranted or denied by the Secretary of State. (i) All persons licensed as a used vehicle dealer are re quired to furnish each purchaser of a motor vehicle: 1. A certificate of title properly assigned to the purchaser; 2. A statement verified under oath that all identifying numb ers on the vehicle agree with those on the certificate of titl e; 3. A bill of sale properl y executed on behalf of such person; 4. A copy of the Uniform Invoice-transaction reporting return referred to in Section 5-402 of t his Chapter; 5. In th e case of a rebuilt vehicle, a copy of the Disclosure of Rebui lt Vehicle Status; and 6. In the case of a vehicle for which the warranty has been re instated, a copy of the warranty. (j) A rea l estate broker holding a valid certificate of registration is sued pursuant to "The Real Estate Brokers and Salesmen License Act" may engage in the business of selling or dealing in house trailers not his o wn without being licensed as a used vehicle dealer und er this Section; however such broker shall maintain a record of the transaction incl uding the following: ( 1) the name and address of the buyer and seller, (2) th e date of sale, (3) a de scription of the mobile home, including the vehicle identification number, make, model, and year, and (4) the Ill inois certificate of title number. The foregoing records shall be available for inspection by any officer of the Secretary of State's Off ice at any reasonable hour. (k) Except at the time of sale or repossession of the vehicle, no person licensed as a used vehicle dealer may issue any other person a newly c reated key to a vehicle unless the used vehicle dealer make s a color photocopy or electronic scan of the driver's l icense or State identification card of the person requesting or obtaining the newly created key. The used vehicle dealer mus t retain the photocopy or scan for 30 days. A used vehicle dealer who violates this subsection (k) is guilty of a petty offense. Violation of this subsection (k) is not cause to suspend, revoke, cancel, or deny renewal of the used vehicle dealer's license. (l) Used vehicl e dealers licensed under this Section shall provide the S ecretary of State a register for the sale at auction of ea ch salvage or junk certificate vehicle. Each register shall include the following infor mation: 1. The year, make, model, s tyle, and color of the vehicle; 2. The vehicle's manufacturer's identification number or, if applicable, the Secr etary of State or Illinois State Police identification number; 3. The date of acqu isition of the vehicle; 4. The name and address of the person from whom the vehicle was a cquired; 5. The name and address of the person to whom any vehicle was disposed, the per son's Illinois license number, or, if the person is an out-of-state salvage vehicle buye r, the license number from the state or jurisdiction where the buyer is licensed; and 6. The purchase price of the vehicle. The register shall be submitted to the Secre tary of State via written or electronic means within 10 ca lendar days from the date of the auction. (m) If a licensee under this Section voluntarily surrenders a license to the Illinois Secretary of State Police or a representative of the Secretary of State Vehicle Serv ices Department due to the licensee's inability to adhere to recordkeeping provisions, or the inability to properl y issue certificates of title or registrations under this Code, o r the Secretary revokes a license under this Section, then the licensee and th e licensee's agent, designee, or legal representative, if applicable, may not be named on a new application f or a licensee under this Section or under this Chapter, nor is the licensee or the licensee's agent, designe e, or legal representative permitted to work for another licensee under this Chapter in a recordkeeping , management, or financial position or as an employe e who handles certificate of title and registration documents and applicati ons.(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22; 102-538, eff . 8-20-21; 102-813, eff. 5-13-2 2; 102-982, eff. 7-1-23; r evised 10-23-24.) (625 ILCS 5/6-110) Sec. 6 -110. Licenses issued to drivers. (a) The Secr etary of State shall issue to every qualifying applicant a driv er's license as applied for, which license shall bear a d istinguishing number assigned to the licensee, the leg al name, signature, zip code, date of birth, residence ad dress, and a brief description of the licensee. Licenses issued shall also indicate the classif ication and the restrictions under Section 6-104 o f this Code. The Secretary may adopt rules to establish informational restrictions that can be placed on the dri ver's license regarding specific conditions of the licensee.

A driver' s license issued may, in the discretion of the Secretary, include a suitable photograph of a t ype prescribed by the Secretary. (a-1) If the licensee is less than 18 years of age, unless one of the exceptions in subsection (a-2) apply, the license shall, as a matter of la w, be invalid for the operation of any motor vehicle during the following times: (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; (B) Between 11:00 p.m. Saturday and 6:00 a.m. on Sunday; and (C) Between 10:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day. (a-2) T he driver's license of a person under the age of 18 shall not be inva lid as described in subsection (a-1) of this Section if the licensee under the age of 18 was: (1) accompanied by the licensee's pare nt or guardian or other person in custody or control of the minor; (2) on an errand at the direction of the minor's parent or guardian, withou t any detour or stop; (3) i n a motor vehicle involved in interst ate travel; (4) going to or re turning home from an employment activity, without any detour or sto p; (5) involved in an emerge ncy; (6) going to or returning home from, without any detour or stop, an official school, religious, or other recreational ac tivity supervised by adults and sponsored by a governme nt or governmental agency, a civic organi zation, or another similar entity that takes respons ibility for the licensee, without any detour or stop; (7) exercising First Amendment rights protected by t he United States Constitution, such as the free exercise of religion , freedom of speech, and the right of assembly; or (8) married or had been married or is an emancipate d minor under the Emancipation of Minors Act. (a-2.5) The driver's license of a person who is 17 years of age an d has been licensed for at least 12 months is not invalid as described in sub section (a-1) of this Section while the licensee is participating as an assigned dr iver in a Safe Rides program that meets the following cr iteria: (1) the program is spon sored by the Boy Scouts of America or another national public ser vice organization; and (2) the sponsoring organization carries liability ins urance covering the program. (a-3) If a graduated driver's license ho lder over the age of 18 committed an offense agains t traffic regulations governing the movement of vehicle s or any violation of Section 6-107 or Section 12-603.1 of this Code in the 6 months prior to the graduated driver's license holder's 18th bi rthday, and was subsequently convicted of the offense, the provisions of subsection (a-1) shall continue to apply until such time as a period of 6 consecutive months has elapsed without an additional vio lation and subsequent conviction of an offense against traffic reg ulations governing the movement of vehicles or Section 6-1 07 or Section 12-603.1 of this Code. (a-4) If an applicant for a driver's license or instruc tion permit has a current identification card issued by the Secretary of State, the Secretary may require the applicant to utilize the same residence address and name on the identification car d, driver's license, and instruct ion permit records maintained by the Secretary. The Secr etary may promulgate rules to implement this provision. (a-5) If an applicant for a driver's license is an employee of the Department of Children and Family Services with a job title of "Child Protection Specialist Trai nee", "Child Protection Specialist", "Child Protection Advanced Specialist", "Child Welfare Specialist Trainee", "Child Welfare Specialist" , or "Child Welfare Advanced Specialist" or a judicial of ficer or a peace officer, the applicant may elect to have his or her office or work address listed on the license instead of the applicant's residence or mailing address. The Secretar y of State shall adopt rules to implement this subsection (a-5). For the purposes of this subsection (a-5), "peace officer" means any person who by virtue of his or her office or public e mployment is vested by law with a duty to maintain public order or to make arrests for a violation of any penal statu te of this State, whether that duty extends to all violation s or is limited to specific violations.

(b) Until the Secretary of State establishes a First Person Co nsent organ and tissue donor registry under Section 6-117 o f this Code, the Secretary of State shall provide a forma t on the reverse of each driver's license issued which the licensee may use to execute a document of gift conforming t o the provisions of the Illinois Anatomical Gift Act. The format shall allow the licensee to indicate the gift int ended, whether specific organs, any organ, or the entire body, and shall accommodate the signatures of the donor and 2 witness es. The Secretary shall also inform each applicant or licensee o f this format, describe the procedure for its execution, and may offer the necessary witnesses; provided that in so doing, the Secretary shall advise the applicant or licensee that he or sh e is under no compulsion to execute a document of gift. A bro chure explaining this method of executing an anatomical gift document shall be given to each applicant or licensee. The broc hure shall advise the applicant or licensee that he or she is under no compulsion to execute a document of gift, and that he or sh e may wish to consult with family, friends, or clergy before doing so. The Secretary of State m ay undertake additional efforts, including education and awarenes s activities, to promote organ and tissue donation. (c) The Secretary of State shall designate on each driver's license issued a space where the licensee may plac e a sticker or decal of the uniform size as the Secretary may s pecify, which sticker or decal may indicate in appropriate l anguage that the owner of the license carries an Emergency Medi cal Information Card. The sticker may be pr ovided by any person, hospital, school, medical group, or assoc iation interested in assisting in implementing the Emergency M edical Information Card, but shall meet the specifications a s the Secretary may by rule or regulation require. (d) The Secretary of State shall designate on eac h driver's license issued a space where the licensee may ind icate his blood type and RH factor. (e) The Secretary of State shall provide that each original or renewal driver's license issued to a licensee under 21 years of age shall be of a dist inct nature from those driver's licenses issued to individual s 21 years of age and older. The color designated for driver's licenses for licensees under 21 years of age shall be at the discretion of the Secretary of State. (e-1) The Secretary shall provide that each driver 's license issued to a person under the age of 21 displays the date upon which the person becomes 18 years of age and the date upon which the person becomes 21 years of age. (e-3) The General Assemb ly recognizes the need to identify military veterans living in this State for the purpose of ensuring that they rec eive all of the services and benefits to which they are lega lly entitled, including health care healthcare, education assistance, and job placement. To assist the State in identifying these veterans and delivering these vit al services and benefits, the Secretary of State is author ized to issue drivers' licenses with the word "vete ran" appearing on the face of the licenses. This authoriza tion is predicated on the unique status of veterans. The Secret ary may not issue any other driver's license which identifie s an occupation, status, affiliation, hobby, or other unique characteristics of the license holder which is unrelate d to the purpose of the driver's license. (e-5) Beginning on or before July 1, 2015, the Secretary of State shall designate a space on eac h original or renewal driver's license where, at the request of the applicant, the word "veteran" shall be placed. The veteran des ignation shall be available to a person identified as a veteran u nder subsection (e) of Section 6-106 of this Code wh o was discharged or separated under honorable conditions. (e-7) Upon providing the required documentation , at the request of the applicant, the driver's license may reflect Gold Sta r Family designation. The Secretary shall designate a space o n each original or renewal driver's license for such de signation. This designation shall be available to a person eli gible for Gold Star license plates under subsection (f) of Se ction 6-106 of this Code. (f) The Secr etary of State shall inform all Illinois licensed commerc ial motor vehicle operators of the requirements of the U niform Commercial Driver License Act, Article V of this Chap ter, and shall make provisions to insure that all drive rs, seeking to obtain a commercial driver's license, be afforde d an opportunity prior to April 1, 1992, to obtain the licens e. The Secretary is authorized to extend driver's license exp iration dates, and assign specific times, dates and locations where these commercial driver's tests shall be conducte d. Any applicant, regardless of the current expiration date of the applicant's driver's license, may be subject to any assignment by the Secretary. Failure to comply with the Secretary's assignment may result in the applicant's forfeiture of an opportunity to receive a commercial driver's license prior to April 1, 1992. (g) The Secretary of State shall designate on a dri ver's license issued, a space where the licensee may indicate that he or she has drafted a living will in accordance with t he Illinois Living Will Act or a durable power of att orney for health care in accordance with the Illinois Power of Attorney Act. (g-1) The Secretary of State, in his or her discretion, may d esignate on each driver's license issued a space where the lice nsee may place a sticker or decal, issued by the Secretary of State, of uniform size as the Secretary may specify, that s hall indicate in appropriate language that the owner of th e license has renewed his or her driver's license. (h) A person who acts in good faith in accordance with the terms of this Section is not liable for damages in a ny civil action or subject to prosecution in any criminal pr oceeding for his or her act. (i) The Secret ary shall designate a space on each original or renewal of a d river's license, at the request of the applicant, for a design ation as a Gold Star Family. This designation shall be available to a person eligible for Gold Star license plates under subsection (f) of Section 6-106 of this Co de. (Source: P.A. 103-888, eff. 8-9-24; 103-933, eff. 1-1-25; revise d 11-26-24.) (625 I

LCS 5/6-118) Sec. 6-118. Fees. (a) The fees for licenses and permits under this Article are as follo ws: Original 4-year driver's license......................$30 Original 8-year driver's license issued under

subsection (a-3) of Section 6-115.....................................................$60 Original driver's license issued to 18, 19, and 20 year olds................................. $5 All driver's licenses for persons age 69 through age 80............................. $5 All driver's licenses for persons age 81 through age 86............................. $2 All driver's licenses for persons ag e 87 or older..............................................$0 Renewal 4-year driver's license (except for ap plicants, age 69 and older)...............................$30 Re newal 8-year driver's license issued under subsection (a-3) of Section 6-115 (except for applicants age 69 and older)................................................$60 Original instruction permit is sued to persons (except those age 69 and older ) who do not hold or have not previously held an Illinois instruction permit or driver's license................................. $20 Instruction permit iss ued to any person holding an Illinois dri ver's license who wishes a c hange in classifications, other tha n at the time of renewal.................................. $5 Any instruction permit issued to a person age 69 and older.................................. $5 Instruction permit issued to any person, under age 69, not currently holding a valid Illinois driver's license or instruction permit but who has previously been issued either doc ument in Illinois...................................... $10 Rest ricted driving permit..................................... $8 Monitoring device driving permit..................... $8 Duplicate or corrected driv er's license or permit......................................... $5 Duplicate or corrected restricted driving permit.................................... $5 Duplicat e or corrected monitoring devic e driving permit.......................................... $5 Duplicate driver's license or permit issued to

an active-duty member of the Unite d States Armed Forces, the member's spouse, or the dependent children living

with the member.................................. $0

Original or renewal M or L endorsement................ $5SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE The fees for commercial driver licenses and permits under Article V shall be as follows: Commercial driver's license:

$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License Information System/American Assoc iation of Motor Vehicle Administra tors network/National Motor Vehicle Title Information Service Trust Fund);

$20 for the Motor Carrier S afety Inspection Fund; $10 f or the driver's license; and $24 fo r the CDL:............................................... $60 Renewal commercial dri ver's license: $6 for the CDLIS/AAM VAnet/NMVTIS Trust Fund; $20 for the Motor Carrier Safety Inspection Fund; $10 for the driver's license; a nd $24 for the CDL:.....................................

$60 Commercial learner's permit issued to any person holding a valid Ill inois driver's license for the pur pose of changing to a CDL class ification: $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; $20 for th e Motor Carrier Safety Inspection Fund; and $24 for the CDL classification................... $50 Com mercial learner's permit issued to any person h olding a valid Illinois CDL for the pur pose of making a change in a classification, endorsement or restriction........................ $5 CDL duplicate or corrected license.................... $5 In order to ensure the pr oper implementation of the Uniform Commercial Driver License Act, Art icle V of this Chapter, the Secretary of State is empowered to prorate the $24 fee for the commercial driver's license proportionate to the expiration date of the applicant's Illinois dri ver's license. The fee for a ny duplicate license or permit shall be waived for any person who presents the Secretary of State's office with a polic e report showing that his license or permit was s tolen. The fee for any dupl icate license or permit shall be waived for any person age 60 or olde r whose driver's license or permit has been lost or stolen. No additional fee shall be charged for a driver's license, or for a commercial driver's license, when issued to th e holder of an instruction permit for the same classification or type of license who becomes eligible for such licens e. The fee for a restricted driving permit under this subsection (a) shall be imposed annually until the ex piration of the permit. (a-5) The fee for a driver's record or data contained therein is $20 a nd shall be disbursed as set forth in subsection (k) of S ection 2-123 of this Code. (b) Any p erson whose license or privilege to operate a motor vehicle i n this State has been suspended or revoked under Section 3-707, any provision of Chapter 6, Chapter 11, or Section 7-205, 7-303, or 7-702 of the Illinois Safety and Family F inancial Responsibility Law of this Code, shall in addition to any other fees required by thi s Code, pay a reinstatement fee as follows: Suspension under Section 3-707..................... $100 Suspension under Section 11-1 431.....................................................$100 Summary suspension und er Section 11-501.1.....................................$250 Suspension under Section 11-501.9...................$250

Summary revocation under Section 11-501.1............$500

Other suspension......................................$70 Revocation...........................................$500 How ever, any person whose license or privilege to operate a motor vehicle in this State has been suspended or revoked for a second or subsequent time for a violation of Section 11-501, 11-501.1, or 11-5 01.9 of this Code or a similar provision of a local ord inance or a similar out-of-state offense or Se ction 9-3 of the Criminal Code of 1961 or the Criminal Code o f 2012 and each suspension or revocation was for a violation of Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar provision of a local ordinance or a similar out-of-state offense or Section 9- 3 of the Criminal Code of 1961 or the Criminal Code of 2012 shall pay, in addition to any other fees required by this Code, a reinstatement fee as follows: Summary suspension under Section 11-501.1............$500 Suspension under Section 11-501.9...................$500 Summary revocation under Section 11-501.1............$500 Revocation...........................................$500 (c) All fees colle cted under the provisions of this Chapter 6 shall be disbu rsed under subsection (g) of Section 2-119 of this Code, e xcept as follows: 1. The following amounts shall be paid into the Drivers Education Fund: (A) $16 of the $20 fee for an original driver's ins truction permit; (B) one-sixth of the fee for an original driver's license; (C) one-sixth of the fee for a renewal driver's license;

(D) $4 of the $8 fee for a restricted driving permit; and (E) $4 of the $8 fee for a monitoring device driving permit. 2. $30 of th e $250 fee for reinstatement of a license summarily suspended under Section 11-501.1 or suspended under Section 11-501.9 shall be deposited i nto the Drunk and Drugged Driving Prevention Fund. However, for a person whose l icense or privilege to operate a motor vehi cle in this State has been suspended or revoked for a second or subsequent time for a violation of Section 11-501, 11-501.1, or 11-501.9 of this Code or Section 9- 3 of the Criminal Code of 1961 or the Criminal Code of 2012, $190 of the $500 fee for reinstatement of a li cense summarily suspended under Section 11-501.1 or su spended under Section 11-501.9, and $190 of the $500 fee for reinstatement of a revoked license shall be deposi ted into the Drunk and Drugged Driving Prevention Fund. $190 of the $500 fee for reinstatement of a lice nse summarily revoked pursuant to Secti on 11-501.1 shall be deposited into the Drunk and Dr ugged Driving Prevention Fund. 3. $6 of the original or renewal fee for a commercial driver's license and $6 of the commercial learner's permit fee when the permit is is sued to any person holding a valid Illinois driver's license, shall be paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund.

4. $30 of the $70 fee for rein statement of a license suspended under the Illinois Safet y and Family Financial Responsibility Law shall be paid i nto the Family Responsibility Fund. 5. The $5 fee for each original or renewal M or L endorsement shall be deposited into the Cycle Rider Safety Training Fun d. 6. $20 of any or iginal or renewal fee for a commercial driver's license or commercial learner's permit shall be paid into the M otor Carrier Safety Inspection Fund. 7. The following amounts shall be paid into th e General Revenue Fund: (A) $190 of the $250 reinstatement fee for a summary sus pension under Section 11-501.1 or a suspension under Section 11-501.9; (B) $40 of the $70 reinstatement fee for any other suspension provi ded in subsection (b) of this Section; and (C) $440 of the $500 reins tatement fee for a first offense revocation and $310 of the $50 0 reinstatement fee for a second or subsequent revocation. 8. Fees collected unde r paragraph (4) of subsection (d) and subsection (h) of Section 6-205 of this Code; subparagr aph (C) of paragraph 3 of subsection (c) of Section 6-206 of this Code; and paragraph (4) of subsection (a) o f Section 6-206.1 of this Code, shall be paid into the funds set forth in those Sections. (d) All of the proceeds of the additional fees imposed by Public Act 96-34 this amendatory Act of the 96th General Assembly shall be deposited into the Capital Projects Fund. (e) The additional fees imposed by Pu blic Act 96-38 this amend atory Act of the 96th General Assembly shall become effec tive 90 days after becoming law. The additional fees imposed by

Public Act 103-8 this amendatory Act of the 103rd General Assembly shall become effective July 1, 20 23 and shall be paid into the Secretary of State Speci al Services Fund. (f) As used in this Section, "activ e-duty member of the United States Armed Forces" mea ns a member of the Armed Services or Reserve Forces of the U nited States or a member of the Illinois National Gua rd who is called to active duty pursuant to an executiv e order of the President of the United States, an act of the Co ngress of the United States, or an order of the Governor. (Source: P.A. 103-8, eff. 7-1-23; 103- 605, eff. 7-1-24; 103-872, eff. 1-1-25; revised 11-26-24.) (625 ILCS 5/6-2

09.1) Sec. 6-209.1. Restoration of driving privileges; revocation; sus pension; cancellation. (a) The Secretary shall rescind the suspension or cancellation of a person's driver's license tha t has been suspended or canceled before July 1, 2020 (the effective date of Public Act 101-623) due to: (1) the p erson being convicted of theft of motor fuel under Section 16-25 or 16K-15 of the Criminal Code of 1961 or the Criminal Code of 2012;

(2) the person, since the issuance of the driver's licens e, being adjudged to be afflicted with or suffering from any m ental disability or disease; (3) a violation of Section 6-16 of the Liquor Control Act of 1934 or a similar provision of a local ordinance; (4) the person being convicted of a violation of Section 6-20 of the Liquor Control Act of 19 34 or a similar provision of a local ordinance, if the person presents a certified cop y of a court order that includes a finding that the person was not an occupant of a motor vehicle at the time of the violation; (5) the person receiving a disposition of cou rt supervision for a violation of subsection (a), (d), or (e) of Section 6-20 of the Liquor Control Act of 1934 or a similar provision of a local ordinance, if the person presents a certified copy of a court order that includes a finding th at the person was not an occupant of a motor vehicle at the time of the violation; (6) the pers on failing to pay any fine or penalty due or owing as a r esult of 10 or more violations of a municipality's or coun ty's vehicular standing, parking, or compliance regulations establis hed by ordinance under Section 11-208.3 of this Code;

(7) the person failing to satisfy any fine or penalty res ulting from a final order issued by the Illinois State Toll Highway Authority relating directly or indirectly to 5 or mor e toll violations, toll evasions, or both; (8) the person being convicted of a violation of Section 4-102 of this Code, if the per son presents a certified copy of a court order that incl udes a finding that the person did not exercise actual physical control of the vehicle at the time of the violati on; or (9) the person bein g convicted of criminal trespass to vehicles under Sec tion 21-2 of the Criminal Code of 2012, if the person presents a certified copy of a court order that includ es a finding that the person did not exercise actual physical contr ol of the vehicle at the time of the violation. (b) As soon as practicable and no later than July 1, 2021, the Secretary shall rescind the suspension, cancellation, or prohibition of renewal of a person's driver's license that has been suspended, canceled, or whose renew al has been prohibited before July 1, 2021 (the effective date of Public Act 101-652 ) this amendatory Act of the 101st G eneral Assembly due to the person having failed to pay any fine or penalty for traffic violations, automated traffic law e nforcement system violations as defined in Sections 11-208.6, and 11-208.8, 11 -208.9, and 11-1201.1, or abandoned vehicle f ees. (Source: P.A. 101-623, eff. 7-1-20; 101 -652, eff. 7-1-21; 102-558, eff. 8-20-21; revised 8-19-24.) (625 ILCS 5/11-907) Sec. 11-907. O peration of vehicles and stree tcars on approach of authorized emergency vehicles. (a) Upon the immediate approach o f an authorized emergency vehicle making use of audible and vis ual signals meeting the requirements of this Code or a police v ehicle properly and lawfully making use of an audible or visual signal: (1) the driv er of every other vehicle shall yield the right-of-way and sha ll immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the highway clear of any intersection and shall, if necessary to permit the safe passage of th e emergency vehicle, stop and remain in such position until the authorized emer gency vehicle has passed, unless otherwise directed by a police officer; and (2) the operator of every streetcar shall immediately stop such car clear of any intersection and keep it in such position until the authorized emergency vehicle has passed, unless otherwise di rected by a police officer. (b) This Section shall not operate to reli eve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

(c) Upon approaching a stationary authoriz ed emergency vehicle or emergency scene, when the stationar y authorized emergency vehicle is giving a visual signal by displaying oscillatin g, rotating, or flashing lights as authorized under Section 12-215 of this Code, a person who drives an approaching vehic le shall: (1) proceeding wit h due caution, yield the right-of-way by makin g a lane change into a lane not adjacent to that of th e authorized emergency vehicle, if possible with due regar d to safety and traffic conditions, if on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle and reduce the speed o f the vehicle to a speed that is reasonable and proper with regard to traffic conditions and the use of the high way to avoid a collision and leaving a safe distance until safely past th e stationary emergency vehicle; or (2) if changing lanes would be impossible or unsaf e, proceeding with due caution, reduce the speed of the vehicle to a speed tha t is reasonable and proper with regard to traffic condi tions and the use of the highway to avoid a collision, main taining a safe speed for road conditions and leaving a saf e distance until safely past the stationary emergency vehicles . The visual signal specified under this subsection (c) given by a stationary authorized emergen cy vehicle is an indication to drivers of approac hing vehicles that a hazardous condition is present when circumst ances are not immediately clear. Drivers of vehicles appr oaching a stationary authorized emergency vehicle in any la ne shall heed the warning of the signal, reduce the speed o f the vehicle, proceed with due caution, maintai n a safe speed for road conditions, be prepared to stop, an d leave a safe distance until safely passed the stati onary emergency vehicle. As used in th is subsection (c), "authorized emergency vehicle" includ es any vehicle authorized by law to be equipped with oscillating, rotating, or flashing lights under Section 12-215 of this Code, while the owner or operator of the vehicle is engaged in his or her official duties. As used in this subsection (c), "emergency scene" means a location whe re a stationary authorized emergency vehicle as defin ed by herein is present and has activated its oscillating , rotating, or flashing lights. (d ) A person who violates subsection (c) of this Section commits a business offense punishable by a fine of not l ess than $250 or more than $10,000 for a first violation, and a fine of not less than $750 or more than $10,000 for a secon d or subsequent violation. It is a factor in aggravation if the person committed the offense while in violation of Section 11-501, 12-610.1, or 12-610.2 of this Co de. Imposition of the penalties authorized by this subs ection (d) for a violation of subsection (c) of this Sect ion that results in the death of another person does not pre clude imposition of appropriate additional civil or cr iminal penalties. A person who violates subsection (c) and the violation results in damage to another vehicle commits a Clas s A misdemeanor. A person who violates subsection (c) and the violatio n results in the injury or death of another person commits a Class 4 felony. (e) If a violation of subsection (c) of this Section results in damage to the prope rty of another person, in addition to any other penalty imp osed, the person's driving privilege s shall be suspended for a fixed period of not less than 90 days and not more than one year. (f) If a violation of subsection (c) of this Section results in in jury to another person, in addition to any other penalty imposed , the person's driving privileges shall be suspended for a fixed period of not less than 180 days and not more than 2 years. (g) If a violation of subsection (c) of this Section re sults in the death of another person, in addition to any other penalty imposed, the person's driving privileges shall be su spended for 2 years. (h) The Secretary of State shall, upon receiving a record of a judgment entered ag ainst a person under subsection (c) of this Section: (1) suspend the person's driving pr ivileges for the mandatory period; or (2) extend the period of an existing suspension by th e appropriate mandatory period. (i) The Scott's Law Fund shall be a special fund in the Sta te treasury. Subject to appropriation by the General Assembl y and approval by the Director, the Director of the State Pol ice shall use all moneys in the Scott's Law Fund in the Dep artment's discretion to fund the production of materi als to educate drivers on approaching stationary authorized em ergency vehicles, to hire off-duty Illinois State Po lice for enforcement of this Section, and for other law enforce ment purposes the Director deems nece ssary in these efforts. (j) For vio lations of this Section issued by a county or municipal pol ice officer, the assessment shall be deposited into the count y's or municipality's Transportation Safety Highway Hire-back Fund. The county shall use the mon eys in its Transportation Safety Highway Hire-back Fund t o hire off-duty county police officer s to monitor construction or maintenance zones in that cou nty on highways other than interstate highways. Th e county, in its discretion, may also use a portion of the mo neys in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enfo rcement and fund the production of materials to educate drivers on construction zone safe driving habits and approa ching stationary authorized emergency vehicles.

(k) In addition to other penalties imposed by th is Section, the court may order a person convicted of a violation of subsection (c) to perform community service as determin ed by the court. (Source: P.A. 102-33 6, eff. 1-1-22; 102-338, eff. 1-1-22; 102-813, eff . 5-13-22; 103-667, eff. 1-1-25; 103-711, eff. 1-1-25; revised 11-26-24.) (625 ILCS 5/13-101) (from Ch.

95 1/2, par. 13-101) Sec. 13-101. Submission t o safety test; certificate of safety. To promote the safety of the general public, every owner of a second division vehicle, medical transport vehi cle, tow truck, first division vehicle including a taxi wh ich is used for a purpose that requires a school bus driver permit, motor vehicle used for driver education train ing, or contract carrier transporting employees in the course of their em ployment on a highway of this State in a vehicle de signed to carry 15 or fewer passengers shall, before operating the vehicle upon the highways of Illinois, submit it to a "sa fety test" and secure a certi ficate of safety furnished by the Department as set forth in Section 13-109. Each second division motor vehicle that pulls or draws a trailer, semitrailer or pole trailer, with a gross weig ht of 10,001 lbs or more or is registered for a gross weight of 10,001 lbs or more, motor bus, religious o rganization bus, school bus, senior citizen transportation vehicle, and limousine shall be subject to inspection by the Department and the Department is authorized to establish rules and regulations for the implementation of such inspections. The owners of each salvage vehicle shall submit it to a "safety test" and secure a certificate of safety furnished by the Department prior to its salvage vehicle in spection pursuant to Section 3-308 of this Code. In imp lementing and enforcing the provisions of this Section, the De partment and other authorized State agencies shall do so in a manner that is not inconsistent with any applicable fed eral law or regulation so that no federal funding or supp ort is jeopardized by the enactment or application of these pr ovisions. However, none of the provisio ns of Chapter 13 requiring safety tests or a certificate of s afety shall apply to: (a) farm tractors, machinery and implements, wagons, wagon-trailers or like farm vehicles used primarily in agricu ltural pursuits; (b) vehicles other than school buses, tow trucks, and medical transport vehicles owned or operated by a munic ipal corporation or political subdivision having a pop ulation of 1,000,000 or more inhabitants and which are subject to safety tests imposed by local ordinance or re solution; (c) a semitraile r or trailer having a gross weight of 5,000 pounds or l ess including vehicle weight and maximum load; (d) recreational vehicles; (e) vehicles registered as and displaying Ill inois antique vehicle plates and vehicles registered as expande d-use antique vehicles and displaying expanded-u se antique vehicle plates; (f ) house trailers equipped and used for living quarters;

(g) vehicles registered as and displaying Illinois permanently mounted equipment plates or similar vehicles e ligible therefor but registered as governmental vehicles prov ided that if said vehicle is reclassified from a perm anently mounted equipment plate so as to lose the exemption of not requiring a certificate of safety, such vehicle must be safety tested within 30 days of the reclassification; (h) vehicles owned or operated by a manufacturer, dealer, or tran sporter displaying a special plate or plat es as described in Chapter 3 of this Code while such vehicle is being delivered from the manufacturing or assembly pla nt directly to the purchasing dealer ship or distributor, or being temporarily road driven for quali ty control testing, or from one dealer or distributor to another, or are being moved by the most direct rou te from one location to another for the purpose of installing special bodies or equipment, or driven for purposes of demonst ration by a prospective buyer with the dealer or his a gent present in the cab of the vehicle d uring the demonstration; (i) pole trailers and auxiliary axles; (j) special mobile equipment; (k) vehicles properly r egistered in another State pursuant to law and display ing a valid registration plate or digital registration pl ate, except vehicles of contract carriers transporti ng employees in the course of their employment o n a highway of this State in a vehicle designed to carry 15 or fewer passengers are only exempted to the extent that the safety testing requirements applicable to such vehicles in the s tate of registration are no less stringent than the s afety testing requirements applicable to contract carrie rs that are lawfully registered in Illinois; (l) water-well boring app aratuses or rigs; (m) any vehicle which is owned and operated by the federal government and externally displays evidence of such ow nership; and (n) sec ond division vehicles registered for a gross weight of 10,000 pounds or less, except when such secon d division motor vehicles pull or draw a trailer, semi-trailer, or pole trailer having a gross weight of or register ed for a gross weight of more than 10,000 pounds; motor buses; religious organization buses; school buses; senior citizen transportation vehicles; medical transport vehicles ; tow trucks; and any property carrying vehicles being operated in commerce that are registered for a gros s weight of more than 8,000 lbs but less than 10,001 lbs. The safety test shall include the testing and inspection of brakes, lights, horns, reflect ors, rear vision mirrors, mufflers, safety chains, windshie lds and windshield wipers, warning flags and flare s, frame, axle, cab and body, or cab or body, wheels, steering apparatus, and other safety devices and appliances required by this Code and such other safety tests as the Department may by rule or regulation require, for second division vehicles, scho ol buses, medical transport vehicles, tow trucks, first division vehicles including taxis which are used for a purpose that requires a school bus driver permit, moto r vehicles used for driver education training, v ehicles designed to carry 15 or fewer passengers operated by a contract carrier tra nsporting employees in the course of their employment on a highway of this State, trailers, and semitrailers subjec t to inspection. For tow trucks, the sa fety test and inspection shall also include the inspectio n of winch mountings, body panels, body mounts, wheel lift swivel points, and sling straps, and other tests and inspections the Depart ment by rule requires for tow trucks.

For driver education vehicles used by public high schools, the vehicle must also be equipped with dual control brakes, a mirror on each side of the vehicle so located as to reflect t o the driver a view of the highway for a distance of at least 2 00 feet to the rear, and a sign visible from the front and th e rear identifying the vehicle as a driver education car.

For trucks, truck tractors, trailers, semi-trailers, buses engaged in interstate commerce as d efined in Section 1-133 of this Code, and first division vehicles including taxis which are used for a purpose that requires a school bus driver permit, the sa fety test shall be conducted in accordance with the Minimum Periodic Inspection Standards promulgated by the Federal H ighway Administration of the U.S. Department of Transpo rtation and contained in Appendix G to Subchapter B of Cha pter III of Title 49 of the Code of Federal Regulations. Thos e standards, as now in effect, are made a part of this Code, i n the same manner as though they were set out in full in this Code. Th e passing of the safety test shall not be a bar at any time to prosecution for operating a second division vehicle, medic al transport vehicle, motor vehicle used for driver education t raining, or vehicle designed to carry 15 or fewer passengers ope rated by a contract carrier as provided in this Section that is unsafe, as determined by the standards prescribed in this Code.

(Source: P.A. 103-476, eff. 1-1-24; rev ised 8-19-24.) Section 1 040. The O'Hare Driver Safety Act is a mended by changing Section 10 as follows: (625 ILCS 80/10) Sec. 10. No s topping or standing within one-half mile of O'Hare Int ernational Airport. Except where per mitted, a person operating a motor vehicle shall not stop or sta nd the person's vehicle on a shoulder of a highway along traff ic routes within a one-half mile radius of: (1) the eas tern entrance to O'Hare International Airport; and (2) th e intersection of Interstate 90 and Interstate 294. No person who is the lessor of a motor vehicle under a written lease agreement shall be liable for an autom ated traffic safety system violation inv olving such motor vehicle during the period of the lease, unless, upon the request of the appropriate authority received within 120 days after the violation occurred, the lessor provides within 60 days after such receipt the name and address of the lessee. Upon the provision of information by the lessor under this Section, the Authority may issue the violation to t he lessee of the vehicle in the same manner as it would issue a violation to a registered owner of a vehicle, and the lessee may be held liable for the violation. This Section shall not apply to vehicles that are stopped or standing in a restricted area if: (1) a person is yielding to a n emergency vehicle; (2) th e vehicle malfunctions; (3) a pe rson was directed to stop the person's vehicle by a law enforc ement officer; (4) the vehicle was stolen prior to violation and not controlled by the registered owner of the vehicle ; or (5) the driver of the vehicle received a Uniform Traffic Citation from a police offic er at the time of the violation for the same offense.(Source: P.A. 103-861, eff. 1-1- 25; revised 10-21-24.) Section 1045. The Publ ic-Private Partnerships for Transportation Act is amended by changing Section 10 as follows: (630 ILCS 5/10) Sec. 10. Def initions. As used in this Act: "Approved prop osal" means the proposal that is approved by the responsible publi c entity pursuant to subsection (j) of Section 20 of this Act . "Approved proposer" means the private en tity whose proposal is the approved proposal. "Authority" means the Illinois State Toll Highway Authority.

"Contractor" means a private entity that has entered in to a public-private agreement with the responsible p ublic entity to provide services to or on beha lf of the responsible public entity. "Department" means the Illinois Department of Transportation. "Design-build agreement" means the agreement between the selected private entity and the responsible public entity under which the selected private entity agrees to furnish design, constr uction, and related services for a transportation facility under this Act. "Develop" or "development" means to do one or more of the following: pla n, design, develop, lease, acquire, install, construct, reconstruct, rehabilitate, extend, or expand. "Maintain" or "maintenance" includes ordinary mainte nance, repair, rehabilitation, capital maintenance, maintena nce replacement, and any other categories of maintenance that may be designated by the respon sible public entity. "Operate" or " operation" means to do one or more of the followin g: maintain, improve, equip, modify, or otherwise operate. "Private e ntity" means any combination of one or more individuals, corporation s, general partnerships, limited liability companies, limited partnerships, joint ventur es, business trusts, nonprofit entities, or ot her business entities that are par ties to a proposal for a transportation project or an agreement related to a transportation project. A public agency may provide services to a contractor as a subcontractor or sub consultant without affecting the private status o f the private entity and the ability to enter into a public -private agreement. A transportation agency is not a private entity. "Proposal" means all mat erials and documents prepared by or on behalf of a private entity relating to the proposed development, financing, or operation of a t ransportation facility as a transportation project. "Proposer" means a private entity that has submit ted an unsolicited proposal for a public-private agreement t o a responsible public entity under this Act or a propos al or statement of qualifications for a public-priva te agreement in response to a request for proposals or a request for qualificatio ns issued by a responsible public entity under this Act. "Public-private agreement" means th e public-private agreement between the contractor and the responsible public entity relating to one or more of the development, financing, or operation of a transportation p roject that is entered into under this Act.

"Request for information" means all materials and docum ents prepared by or on behalf of the responsible public entit y to solicit information from private entities with respect to tr ansportation projects. "Request for proposals" means all materials and do cuments prepared by or on behalf of the responsible public entity to solicit proposals from private entities to ent er into a public-private agreement. "Request for qualifications" means all materials and documents prepared by or on behalf of the responsible public e ntity to solicit statements of qualification from private entities to enter into a public-private agreement. "Responsible public entity" means the Departme nt of Transportation, the Illinois State Toll Highway Autho rity, and the 5 most populou s counties of Illinois, as of the most recent publicly available decennial census. "Revenues" means all r evenues, including any combination of: income; earnings and in terest; user fees; lease payments; allocations; federal, State , and local appropriations, grants , loans, lines of credit, and credit guarantees; b ond proceeds; equity investments; service payments; or other receipts; arising out of or in connection with a transpor tation project, including the development, financing, and operation of a transportation project. The term includ es money received as grants, loans, lines of credit, credit g uarantees, or otherwise in aid of a transportation proje ct from the federal government, the State, a unit of local government, or any agency or instrumentality of the federal government, the State, or a unit of local gov ernment. "Shortlist" means the process by which a responsible public entity will review, evaluate, and rank statemen ts of qualifications submitted in response to a requ est for qualifications and then identify the proposers who are eligible to submit a detailed proposal in response to a request for proposals. The identified proposers constitute the s hortlist for the transportation project to which the requ est for proposals relates. "Transportation agency" means (i) the Department or (ii) the Authority. "Transportation facility" means any new or existing road, highway, toll highway, bridge, tunnel, intermodal facility, intercity or high-speed passenger rail, or othe r transportation facility or infrastructure, including th e South Suburban Airport but excluding all other airports, u nder the jurisdiction of a responsible public entity, except those facilities for the Illiana Expressway. The term " transportation facility" may refer to one or more transpor tation facilities that are proposed to be developed or op erated as part of a single transportation project. "Transportation project" or "project" me ans any or the combination of the design, development, const ruction, financing, or operation with respect to all o r a portion of any transportation facility under the ju risdiction of the responsible public entity, except thos e facilities for the Illiana Expressway, undertaken pursuant to this Act. "Unit of local government" has th e meaning ascribed to that term in Article VII, Section 1 of the Constitution of the State of Illin ois and also means any unit desig nated as a municipal corporation. "Unsol icited proposal" means a written proposal that is submitted to a transportation agency on the initiative of the pri vate sector entity or entities for the purpose of developing a partnership, and that is not in response to a formal or infor mal request issued by a transportation agency. "User fees" or "tolls" means the rates, tolls, fees, or other charges imposed by the contra ctor for use of all or a portion of a transportation project un der a public-private agreement.(Source: P.A. 103-570, eff. 1-1-24; 103-864, eff. 8-9-24; 103-865, eff. 1-1-25; revised 10-9-24.) Section 1050. The Criminal and Traffic Assessment Act is amended by changing Sect ions 15-52 and 15-70 as follows: (705 ILCS 135/15-52) Sec. 15-52. SCHEDULE 10.5 ; truck weight and load offenses. SCHEDULE 10.5: For an offense offenses under subsection (d) of Section 3-401 or , Section 15 -111 of the Illinois Vehicle Code , or an offense punishable by fine under Section 15-113.1, 15-113.2 , or 15-113.3 of th e Illinois Vehicle Code, the Clerk of the Circuit Court shall collect $260 and remit as follow s: (1) As the county's portion, $168 to the county treasurer, who shall deposit the money as follows: (A) $20 into the Court Automation Fund; (B) $20 into the Court Document Storage Fund; (C) $5 into the Circuit Court Clerk Operation and Administrative Fund; (D) $8 into the Circuit Court Clerk Electronic Citation Fund; and (E) $115 into the county's General Fund. (2) As the State's portion , $92 to the State Treasurer, who shall deposit the money as follows: (A) $31 into the State Police Merit Board Public Safety Fund, regardless of the type of overweight citation or arres ting law enforcement agency; (B) $31 into the Traffic and Criminal Conviction S urcharge Fund; and (C) $30 to the State Polic e Operations Assistance Fund.(Source: P.A. 100-987, eff. 7-1-19; 100 -1161, eff. 7-1-19; revised 7-24-24.) (705

ILCS 135/15-70)

Sec. 15-70. Conditional assessments. In addition to payments under one of the Schedule of Assessments 1 through 13 of this Act, the court shall also order payment of any of the following conditional assessment amounts for ea ch sentenced violation in the case to which a conditional assessment is appl icable, which shall be collected and remitted by the Cle rk of the Circuit Court as provided in this Section: (1) arson, residential arson, or agg ravated arson, $500 per conviction to the State Treasurer f or deposit into the Fire Prevention Fund; (2) child pornography under Section 11- 20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, $500 per conviction, unless more than one agency is responsib le for the arrest in which case the amount shall be remitted to each unit of government equally : (A) if the arresting agency is an agency o f a unit of local government, $500 to the treasurer of the unit of local government fo r deposit into the unit of local government's General Fund, except that if the Illinois State Police provides digital or electronic forensic examination assistance, or both, to the arresting agency then $100 to the State Treasurer for deposit into the State Crime Laboratory Fund; or (B) if the arresting agency i s the Illinois State Police, $500 to the State Treasurer for de posit into the State Crime Laboratory Fund;

(3) crime laboratory drug analysis for a drug-relat ed offense involving possession or delivery of cannabis or possession or delivery of a controlled substance as defi ned in the Cannabis Control Act, the Illinois Controlled Substa nces Act, or the Methamphetamine Control and Community Pr otection Act, $100 reimbursement for laboratory analysis, a s set forth in subsection (f) of Section 5-9-1 .4 of the Unified Code of Corrections; (4) DNA analysis, $250 on each conviction in which it was used to the State Treasurer for deposit into the St ate Crime Laboratory Fund as set forth in Section 5-9-1.4 of the Unified Code of Corrections; (5) DUI analysis, $150 on each sentenced violation in which it was used as set forth in subsection (f) of Section 5-9-1.9 of the Unified Code of Corrections; (6) drug-related offense involving possession or delivery of cannabis or possession or delivery of a controlled substance, other than methamphetamine, as define d in the Cannabis Control Act or the Illinois Controlled Substance s Act, an amount not less than the full street value of the cannabis or controlled substance seized for each conviction to be disbursed as follows: (A) 12.5% of the street val ue assessment shall be paid into the Youth Drug Abuse Prevention Fund, to be used by the Department of Human Services for the funding of programs and services for drug-abuse treatment, and preven tion and education services; (B) 37.5% to the county in which the charge was p rosecuted, to be deposited into the county General Fund; (C) 50% to the treasurer of the a rresting law enforcement agency of the municipality or count y, or to the State Treasurer if the arresting agency was a s tate agency, to be deposited as provided in subsection (c) of Section 10-5; (D) if the arrest was m ade in combination with multiple law enforcement age ncies, the clerk shall equitably allocate the portion in subparagraph (C) of this paragraph (6) among the law enforcement agencies involved in the arrest; (6.5) Kane County or Will Co unty, in felony, misdemeanor, local or county ordinance, traffic, or conservation ca ses, up to $30 as set by the county board under Section 5-1101.3 of the Counties Code upon the entry of a judg ment of conviction, an order of supervision, or a sentence of probation without entry of judgment under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control a nd Community Protection Act, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Cod e of 2012, Section 10-102 of the Illinois Alcoh olism and Other Drug Dependency Act, or Section 10 of the Steroid Control Act; except in local or county ordinance, traffic, and conservation cases, if fines are pai d in full without a court appearance, then the assessment s hall not be imposed or collected. Distribution of a ssessments collected under this paragraph (6.5) shall be as provided in Section 5-1101.3 of the Counti es Code; (7) metha mphetamine-related offense involving possessi on or delivery of methamphetamine or any salt of an optical isomer of methamphetamine or possession of a meth amphetamine manufacturing material as set forth in Section 10 of the Methamphetamine Control and Community Protection Act wi th the intent to manufacture a substance containing me thamphetamine or salt of an optical isomer of methamphetami ne, an amount not less than the full street value of t he methamphetamine or salt of an optical isomer of met hamphetamine or methamphetamine manufacturing materials seized for each conviction to be disbursed as follows: (A) 12.5% of the street value assessme nt shall be paid into the Youth Drug Abuse Prevention Fund , to be used by the Department of Human Services f or the funding of programs and services for drug-a buse treatment, and prevention and education services; (B) 37.5% to the coun ty in which the charge was prosecuted, to be deposite d into the county General Fund; (C) 50% to the treasurer of the arresting law enfor cement agency of the municipality or county, or to the St ate Treasurer if the arresting agency was a state agency , to be deposited as provided in subsection (c) of Sect ion 10-5; (D) if the arrest was made in combination with multiple l aw enforcement agencies, the clerk shall equitably allocate the portion in subparagraph (C) of this paragraph (6) am ong the law enforcement agencies involved in the arrest; (8) order of prote ction violation under Section 12-3.4 of the Crimin al Code of 2012, $200 for each convict ion to the county treasurer for deposit into the Probation and Court Services Fund for implementation of a domestic violence surveillance program and any other asses sments or fees imposed under Section 5-9-1 .16 of the Unified Code of Corrections; (9) order of protection violation, $25 for each violation to the State Treasurer, for deposit into the Domestic Viol ence Abuser Services Fund; (10) prosecution by the State's Attorney of a: (A) petty or business offense, $4 to the county t reasurer of which $2 deposited into the State 's Attorney Records Automation Fund and $2 into the Public Defender Records Automation Fund; (B) conservation or traffic offense, $2 to the county treasurer for deposit into the State's Atto rney Records Automation Fund; (11) speeding in a construction zone viola tion, $250 to the State Treasurer for deposit into the Transportati on Safety Highway Hire-back Fund, unless (i) the vio lation occurred on a highway other than an interstate hi ghway and (ii) a county police officer wrote the tick et for the violation, in which case to the county treasurer for deposit into that county's Transportation Safety Highway Hire-back Fund;

(12) supervision disposition on an offense under the Illinois Vehicle Code or similar provision of a lo cal ordinance, 50 cents, unless waived by the court, into the Prisone r Review Board Vehicle and Equipment Fund; (13) victim and offender are family or household members as defi ned in Section 103 of the Illinois Domestic Viole nce Act of 1986 and offender pleads guilty or no contest to or is convicted of murder, voluntary manslaughter, involunt ary manslaughter, burglary, residential burglary, criminal trespass to residence, criminal trespass to vehicle, cr iminal trespass to land, criminal damage to property, telephone harassment, kidnapping, aggravated kidnaping, unl awful restraint, forcible detention, child abduction, indec ent solicitation of a child, sexual relations between siblings , exploitation of a child, child pornography, assault, aggr avated assault, battery, aggravated battery, heinous b attery, aggravated battery of a child, domestic batte ry, reckless conduct, intimidation, criminal sexual assau lt, predatory criminal sexual assault of a child, a ggravated criminal sexual assault, criminal sexual abuse, a ggravated criminal sexual abuse, violation of an order of protection, disorderly conduct, endangering the life o r health of a child, child abandonment, contributing to dependency or neglect o f child, or cruelty to children and others, $200 for ea ch sentenced violation to the State Treasurer for deposit a s follows: (i) for sexual assault, as defined in Secti on 5-9-1.7 of the Unified Code of Co rrections, when the offender and victim are family members, one-half to the Domestic Violence Shel ter and Service Fund, and one-half to the Sexual As sault Services Fund; (ii) for the remaining offense s to the Domestic Violence Shelter and Service Fund; (14) violation of Section 11-501 of the Illinois Vehicle Code, Sec tion 5-7 of the Snowmobile Registration and Saf ety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision, whose operation of a m otor vehicle, snowmobile, or watercraft while in violatio n of Section 11-501, Section 5-7 of the Snowm obile Registration and Safety Act, Section 5-16 of th e Boat Registration and Safety Act, or a similar provision proximately caused an incident resulting in a n appropriate emergency response, $1,000 maximum to th e public agency that provided an emergency response related to the person's violation, or as provided in subsectio n (c) of Section 10-5 if the arresting agency was a State agency, unless more than one agency was responsible for the arrest, in which case the amount shall be remitted t o each unit of government equally; (15) violation of Section 401, 407, or 407.2 of the Ill inois Controlled Substances Act that proximately cause d any incident resulting in an appropriate drug-related em ergency response, $1,000 as reimbursement for the emergency r esponse to the law enforcement agency that made the arrest, or as provided in subsection (c) of Section 10-5 if the arres ting agency was a State agency, unless more than one agen cy was responsible for the arrest, in which case t he amount shall be remitted to each unit of government equally; (16) violation of reckless drivi ng, aggravated reckless driving, or driving 26 miles per hour or more in excess of the speed limit that trigger ed an emergency response, $1,000 maximum reimbursement f or the emergency response to be distributed in its entirety to a public agency that provided an emergency r esponse related to the person's violation, or as provided in su bsection (c) of Section 10-5 if the arresting agency was a State agency, unless more than one agency was responsible for the arrest, in which case the amount shal l be remitted to each unit of government equally; (17) violation based upon each p lea of guilty, stipulation of facts, or finding of guilt res ulting in a judgment of conviction or order of super vision for an offense under Section 10-9, 11-14 .1, 11-14.3, or 11-18 of the Criminal Code o f 2012 that results in the imposition of a fine, to be distrib uted as follows: (A) $50 to the county treasurer for deposit into the Circuit Court Clerk Operation and Administrative Fund to cover the costs in administering this paragra ph (17); (B) $30 0 to the State Treasurer who shall deposit the portion as follows: (i) if the arresting or investigating agency is the Illinois State Police, into the State Police Law Enforcem ent Administration Fund; (ii) if the arresting or investigating agency is the Department of Natural Resources, into the Con servation Police Operations Assistance Fund; (iii) if the arresting or investigating agency is the Secretary of State, in to the Secretary of State Police Services Fund; (iv) if the arr esting or investigating agency is the Illinois Commerce Commission, into the Trans portation Regulatory Fund; or (v) if more than one of the State agencies in this subparagraph (B) is the arresting or investigating agency, t hen equal shares with the shares deposited as provide d in the applicable items (i) through (iv) of this subparagraph (B); and (C) the remainder for deposit into the S pecialized Services for Survivors of Human Trafficking Fund; (18) weapons violati on under Section 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the Criminal Code of 2012, $100 for each conviction to the State Treasurer for deposit int o the Trauma Center Fund; and (19) violation of subsection (c) of S ection 11-907 of the Illinois Vehicle Code, $250 to the Sta te Treasurer for deposit into the Scott's Law Fun d, unless a county or municipal police officer wrote the t icket for the violation, in which case to the county treasurer f or deposit into that county's or municipality' s Transportation Safety Highway Hire-back Fund to be used a s provided in subsection (j) of Section 11-907 of the Illi nois Vehicle Code; and .

(20) violation of Section 15- 109.1 of the Illinois Vehicle Code, $150 to be di stributed as follows: (A) 50% to the county treasurer f or deposit into the county general fund; and

(B) 50% to the treasurer of the arresting law enforcement agency of the municipality or county or to the State Treasurer, if the ar resting agency was a State agency, to be deposited as pro vided in subsection (c) of Section 10-5. Except for traffic viol ations, fines, and assessments, such as fees or administrative costs authorized in this Section, shall not be ordered or imposed on a minor subject to Article I II, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult cou rt or excluded from juvenile court jurisdicti on under Article V of the Juvenile Court Act of 1987, or the mino r's parent, guardian, or legal custodian. ( Source: P.A. 102-145, eff. 7-23-21; 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, eff. 5- 13-22; 103-379, eff. 7-28-23; 103-730, eff. 1-1-25; revised 11-23-24.) Section 1055. The Juvenile Court Act of 1987 is amende d by changing Sections 4-6 and 5-915 as follows: (705 ILCS 405/4-6) (from Ch. 37, par. 804-6) Sec. 4-6. Temporary custody. " Temporary custody" means the temporary placement of the minor out of the custody of the minor's guardian or parent. (a) "Temporary protective custody" means cust ody within a hospital or other medical facility or a pl ace previously designated for such custody by the Department, subject to review by the court Court, including a licensed foster home, group home, or other institution; but such place shall not be a j ail or other place for the detention of criminal or juvenile offenders. (b) "Shelter care" means a physically unrestrictive facility designated by the Department of Ch ildren and Family Services or a licensed child welfare agency or other suitabl e place designated by the court for a minor who requires care away from the minor's home.(Source: P.A. 103-22, eff. 8 -8-23; revised 7-22-24.) (705 ILCS 405/5-915) Sec. 5-915. Expun gement of juvenile law enforcement and juvenile court recor ds. (0.05) (Blank). (0.1)(a) The Illinois State Po lice and all law enforcement agencies within the State sh all automatically expunge, on or before January 1 of each year, except as described in paragraph (c) of this subsection (0.1), all juvenile law enforcement records relating to events occurring before an individual's 18th birthd ay if: (1) one year or more has elapsed since the date o f the arrest or law enforcement interaction document ed in the records; (2) no petition for delinq uency or criminal charges were filed with the clerk of the cir cuit court relating to the arrest or law enforcement interac tion documented in the records; and

(3) 6 months have elapsed since the date of the arrest without an additional subsequent arrest or filing of a petition for delinquency or criminal charges whether related or not to the arrest or law enforcement interaction documented in the records. (b) If the law enf orcement agency is unable to verify satisfaction of conditio ns (2) and (3) of this subsection (0.1), records that satisfy condition (1) of this subsectio n (0.1) shall be automatically expunged if the records relate to an offense that if committed by an adult would not be an offense classified as a Class 2 felony or higher, an offense under Article 11 of the Criminal Code of 1961 or Criminal Code of 2012, or an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961. (c) If the juvenile law enforcement record wa s received through a public submission to a statewide stud ent confidential reporting system administered by the Illin ois State Police, the record will be maintained for a pe riod of 5 years according to all other provisi ons in this subsection (0.1). (0.15) If a juvenile law enforcement record meets paragraph (a) of subsection (0.1) of this Section, a juvenile law enfo rcement record created: (1) prior to January 1, 2018, but on or after January 1, 2013 shall be automatically expunged prior to January 1, 2020; (2 ) prior to January 1, 2013, but on or after January 1, 2000, shall be automatically expunged prior to January 1, 2023; and (3) prior to January 1 , 2000 shall not be subject to the automatic expungement prov isions of this Act. Nothing in this subsecti on (0.15) shall be construed to restrict or modify an individual's right to ha ve the person's juvenile law enforcement records expunged except as otherwise may be provided in this Act. (0.2)(a ) Upon dismissal of a petition alleging delinquency or upon a finding of not delinquent, the successful termin ation of an order of supervision, or the successful terminatio n of an adjudication for an offense which would be a Class B misdemeanor, Class C mis demeanor, or a petty or business offense if commit ted by an adult, the court shall automatically order the expun gement of the juvenile court records and juvenile law enforce ment records. The clerk shall deliver a certified copy of th e expungement order to the Illinois State Police and the arresting agency. Upon request, the Sta te's Attorney shall furnish the name of the arresting agency . The expungement shall be completed within 60 business da ys after the receipt of the expungement ord er. (b) If the chief law enfor cement officer of the agency, or the chief law enforcement officer's designee, certifies in writing that certain information is needed for a pending investigation involving the commission of a felony, that information, and information identifying th e juvenile, may be retained until the statute of limitations for the felony has run. If the chief law enfor cement officer of the agency, or the chief law enfor cement officer's designee, certifies in writing that certa in information is needed with respect to an internal investigat ion of any law enforcement office, that information and information identifying the juvenile may be retained within an intelligence file until the investigation is terminate d or the disciplinary action, including appeals, has been comp leted, whichever is later. Retention of a portion of a ju venile's law enforcement record does not disqualify the remain der of a juvenile's record from immediate automatic expungeme nt. (0.3)(a) Upon an adjudication of delinqu ency based on any offense except a disqualified offense, the juvenile court sh all automatically order the expungement of the juvenile cou rt and law enforcement records 2 years after the juvenile's case was closed if no delinquency or criminal proceeding is pending and the person has had no subsequent delinque ncy adjudication or criminal conviction. On the date that the minor's sentence ends or the date that the court enters an or der committing the minor to the Department of Juvenile Justice, the juvenile court judge shall schedule a date to enter the aut omatic expungement order. The minor must be notified but shall not be required to be present for the scheduled court date whe n automatic expungement is to be ordered. If the minor is not yet eligible on the originally scheduled date, the court shall schedule a subsequent date to enter the automatic expungement order. The clerk shall deliver a certified copy o f the expungement order to the Illinois State Police and the arresting agency. Upon request, the State's Attorney shal l furnish the name of the arres ting agency. The expungement shall be completed within 60 business days after the receipt of the expungement order. In this subsection (0.3), "disqualified offense" means any of the following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10 -1, 10-2, 10-3, 10-3.1, 10- 4, 10-5, 10-9, 11-1.20, 11-1.30, 1 1-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24 -3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Crimi nal Code of 2012, or subsection (b) of Section 8-1, paragraph (4) of subsection (a) of Section 11-14.4 , subsection (a-5) of Section 12-3.1, paragraph (1 ), (2), or (3) of subsection (a) of Section 12-6, s ubsection (a-3) or (a-5) of Section 12-7 .3, paragraph (1) or (2) of subsection (a) of Section 12-7.4, subparagraph (i) of p aragraph (1) of subsection (a) of Section 12-9, subparagraph (H) of paragraph (3) of subsection (a) of S ection 24-1.6, paragraph (1) of subsection (a) of Section 25-1, or subsection (a-7) of Section 31-1 of the Criminal Code of 2012. (b) If the chief law enforcement officer of the agency, or the chief law enforcement officer's designee, certifies in writing that certain information is needed for a pending investigation involving the commission of a felony, that inform ation, and information identifying the juvenile, may be retained in an intelligence file until the inves tigation is terminated or for one additional year, whichever is sooner. Retention of a portion of a juvenile's juvenile law enforcement record does not disqualify the remainder of a juvenile's record from immediate automatic expungement.

(0.4) Automatic expungement for the purposes of this Section shall not require law enforcement agencies to obliterate or otherwise de stroy juvenile law enforcement records that would otherwise need to be automatically expunged under this Act, except after 2 ye ars following the subject arrest for purposes of use in civil litig ation against a governmental entity or its law enforcement agency or personnel which created, maintained, or used the records. However, these juve nile law enforcement records shall be considered expunged for all other purposes during this peri od and the offense, which the records or files concern, sha ll be treated as if it never occurred as required under S ection 5-923. (0.5) Subsection ( 0.1) or (0.2) of this Section does not apply to violations of traffic, boating, fish and game laws, or county or municipal ordinances. (0.6) Juvenile law enforceme nt records of a plaintiff who has filed civil litiga tion against the governmental entity or its law enforcemen t agency or personnel that created, maintained, or used the records, or juv enile law enforcement records that contain informatio n related to the allegations set forth in the civil li tigation may not be expunged until after 2 years have ela psed after the conclusion of the lawsuit, including any appeal.

(0.7) Officer-worn body camera re cordings shall not be automatically expunged except as ot herwise authorized by the Law Enforcement Officer-Worn Bo dy Camera Act. (1) Whenever a person has bee n arrested, charged, or adjudicated delinquent for an incident occurring before a person's 18th birthday that if committe d by an adult would be an offense, and that person's juvenile law enforcement and juvenile court records are not eligible for automatic expungement under subsection (0.1), (0.2), or (0.3), the person may petition the court at any time at no cost to the person for expungement of juvenile law enforcement rec ords and juvenile court records relating to the incident a nd, upon termination of all juvenile court proceedings relatin g to that incident, the court shall order the expungem ent of all records in the possession of the Illinois State Po lice, the clerk of the circuit court, and law enforcement ag encies relating to the incident, but only in any of the foll owing circumstances: (a) the minor was arrested and no petition for de linquency was filed with the clerk of the circuit court; (a-5) the minor was char ged with an offense and the petition or petitions were dismissed withou t a finding of delinquency; (b) the minor was charged with an offense and w as found not delinquent of that offense; (c) the minor was placed under supervision un der Section 5-615, and the order of supervision has since been successfully terminated; or (d) the minor was adjudicated for an of fense which would be a Class B misdemeanor, Class C misdemeanor , or a petty or business offense if committed by an adult.

(1.5) At no cost to the person, t he Illinois State Police shall allow a person to use the Access and Review process, established in the Illinois State Police , for verifying that the person's juvenile law enforcement r ecords relating to incidents occurring before the person's 18th birthday eligible under thi s Act have been expunged. (1.6) (B lank). (1.7) (Blank). (1.8) (Blank). (2) Any person whose delinquency adjudications are not eligi ble for automatic expungement under subsection (0.3) of th is Section may petition the court at no cos t to the person to expunge all juvenile law enforcement records relating to any incidents occurring before the person's 18t h birthday which did not result in proceedings in crimi nal court and all juvenile court records with respect to any adju dications except those based upon first degree murder or an offense under Article 11 of the Criminal Code of 2012 if the person is required to register under the Sex Offend er Registration Act at the time the person petitions the court for expungement; p rovided that 2 years have elapsed since all juvenile court proceedings relating to the person have been terminated an d the person's commitment to the Department of Juvenile Justi ce under this Act has been terminated. ( 2.5) If a minor is arrested and no petition for delinquency is filed with the clerk of the circuit court at the time the minor is released from custod y, the youth officer, if applicab le, or other designated person fro m the arresting agency, shall notify verbally and in wr iting to the minor or the minor's parents or guardians that t he minor shall have an arrest record and shall provide the minor and the minor's parents or guardians with an expungement inf ormation packet, information regarding this State's expungem ent laws including a petition to expunge juvenile law en forcement and juvenile court records obtained from the cl erk of the circuit court. (2.6) If a min or is referred to court, then, at the time of sentencing, dismi ssal of the case, or successful completion of supervision, th e judge shall inform the delinquent minor of the minor's rig hts regarding expungement and the clerk of the circuit court shall provide an expungement information packet to the mino r, written in plain language, including information regarding this State's expungement laws and a petition for expun gement, a sample of a completed petition, expunge ment instructions that shall include information informing the m inor that (i) once the case is expunged, it shall be treated as if it never occurred, (ii) the minor shall not be charged a fee to petition for expungement, (iii) once the minor obta ins an expungement, the minor may not be required to disclose that the minor had a juvenile law enforcement or juvenile court record, and (iv) if petitioning the minor may file the petition on the minor's own or with the assistance of an attor ney. The failure of the judge to inform the delinquent minor of the minor's right to petition for expungement as provided by law does not create a substantive right, nor is that failure grounds for: (i) a reversal of an adjudication of delinquency; (ii) a new t rial; or (iii) an appeal. (2.6-1) A trafficking victim, as defined by paragraph (10) of subsection (a) of Section 10-9 of the Criminal Code of 2012, may p etition for vacation and expungement or immediate sealing of hi s or her juvenile court records and juvenile law enforcemen t records relating to events that resulted in the victim's adjudication of delinquency for an offense if committed by an adult would be a violation of the criminal laws occurring before the victim's 18th birthday upon the completion of his or her juvenile court sentence if his or her participation in th e underlying offense was a result of human trafficking under Se ction 10-9 of the Criminal Code of 2012 or a severe f orm of trafficking under the federal Trafficking Victim s Protection Act. (2.7) (Blank). (2.8) (Blank). (3) (Blank). (3.1) (Blank). (3.2) ( Blank). (3.3) (Blank). ( 4) (Blank). (5) (Blank). ( 5.5) Whether or not expunged, records eligible for automatic expungem ent under subdivision (0.1)(a), (0.2)(a), or (0.3)(a) may be trea ted as expunged by the individual subject to the records.

(6) (Blank). (6.5) The Illinois State P olice or any employee of the Illinois State Police sha ll be immune from civil or criminal liability for failure to expunge any records of arrest that are subject to expu ngement under this Section because of inability to verify a reco rd. Nothing in this Section shall create Illinois Sta te Police liability or responsibility for the expungement of ju venile law enforcement records it does not possess. (7) (Blank). (7.5) (Blank). (8) The expungement of juvenile law enforcement or juv enile court records under subsection (0.1), (0.2), or (0.3) of this Section shall be funded by appropriation by the General Assembly for that purpose. (9) (Blank). (10) (Blank).(Source: P .A. 102-538, eff. 8- 20-21; 102-558, eff . 8-20-21; 102-752, eff. 1-1 -23; 103-22, eff. 8-8-23; 103-154 , eff. 6-30-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24; 103-717, eff . 1-1-25; 103-787, eff. 1-1-25; revised 11-26-24.) Section 1060. The Criminal Code of 2012 is amended by changing Sectio ns 11-23.7, 17-11.2, and 24-2 as follows: (720 ILCS 5

/11-23.7) Sec. 11-23.7. Non-consensual dissemination of sexually explicit digitized depictions. (a) Definitions. For the purposes of this Section: "Intimate parts " means the fully unclothed, partially unclothed or transparently clothed genitals, pubic area, anus, or if the person is fe male, a partially or fully exposed nipple, including exposure through transparent clothing. "Personal identifying information" has the meaning ascribed to it in Section 16-0.1. "Sexual activity" means: (1) any knowing touching or fondling of the victim or another person or animal, either directly or through clothing, of the sex organs, anus, or breast of the victim or another person or animal for the purpose of sexua l gratification or arousal; (2) any transfer or transmission of semen upon any part of the clothed or unclothed body of th e victim, for the purpose of sexual gratification or arousal of the victim or another;

(3) an act of urination within a sexual context; (4) any bondage, fetter, or sadism masochi sm; or (5) sadomasochism abuse in any sexual context. "Sexually explic it digitized depiction" means any image, photograph, film, vide o, digital recording, or other depiction or portrayal tha t has been created, altered, or otherwise modified to realistically depict either: (1) the intimate parts of another human being as the intimate part s of the depicted individual or computer-generat ed intimate parts as the intimate parts of the depicted indi vidual; or (2) the depicted individual engaging in sexual activity in which t he depicted individual did not engage. (b) A person commits non-consensual disseminat ion of sexually explicit digitized depictions when the pe rson: (1) intentionall y disseminates a sexually explicit digitized depiction of another person who is identifiable from the image itself, or whose personal identifying information is displayed or disseminated in connection with the image, or whose identity iden tify is known to the person who disseminates the image; an d (2) knows or should have known that the person in the image has not consented to th e dissemination. (c) The following activ ities are exempt from the provisions of this Section: (1) The intentional dissemination of an image of another identifiable person who is e ngaged in a sexual act or whose intimate parts are exposed when t he dissemination is made for the purpose of a criminal in vestigation that is otherwise lawful. (2) The intentional dissemination of an image of another identifiable person who is engaged in a sexual act or whos e intimate parts are exposed when the dissemination is for the purpose of, or in conn ection with, the reporting of unlawful conduct. (3) The intentional disseminatio n of an image of another identifiable person who is e ngaged in a sexual act or whose intimate parts are expo sed when the images involve voluntary exposure in public or commercial settings. (4) The intentional dissemination of an image of anothe r identifiable person who is engaged in a sexual act or whos e intimate parts are exposed when the dissemination serves a law ful public purpose. (d) Nothing in this Section shall be construed to impose liability u pon the following entities solely as a result of conten t or information provided by another person: (1) an interactive computer service, a s defined in 47 U.S.C. 230(f)(2);

(2) a provider of public mobile servic es or private radio services, as defined in Section 13-214 of the Public Utilities Act; or (3) a telecommunications network or broad band provider. (e) A person conv icted under this Section is subject to the forfeiture provis ions in Article 124B of the Code of Criminal Procedure of 1963. (f) Sentence. Non-consensu al dissemination of sexually explicit digitized depi ctions is a Class 4 felony. (Source: P.A. 103-825, eff. 1-1-25; revised 10-24-24.) (720 ILCS 5/17-

11.2)

Sec. 17-11.2. Airbag fraud. (a ) Definitions. In this Section: "Airbag" m eans a motor vehicle inflatable occupant restraint system device that is part of a vehicle's supplemental restraint system. "Counterfeit supplemental restraint system co mponent" means a replacement supplemental restraint system component, including, but not limited to, an airbag, that displays a mark identical to, or substantially similar to, the genu ine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from that manufa cturer or supplier, respectively.

"Non-functional airbag" means a replacement airb ag that meets any of the following criteria: (1) the airbag was previously deployed or damaged; (2) the airbag has an electric fault tha t is detected by the vehicle's diagnostic system when the installation procedure is co mpleted and the vehicle is returned to the customer who requested the work to be performed or when ownership is intended to be transferred; (3) the airbag includes a p art or object, including a supplemental restraint sy stem component, that is installed in a motor vehi cle to mislead the owner or operator of the motor vehi cle into believing that a functional airbag has been installe d; or (4) the airbag is subject to the provisions of 49 U.S.C. 301 20(j). "Supplemental restraint sys tem" means a passive inflatable motor vehicle occupant cras h protection system designed for use in conjunction with a seat belt assembly as defined in 49 CFR 571.209. "Supplemental restraint system" includes one or more airbags and all componen ts required to ensure that an airbag air bag works as designed by the vehicle manufacturer, including both o f the following: (1) the airbag operates as designed in the event of a crash; and (2) the airbag is desig ned to meet federal motor vehicle safety standards for t he specific make, model, and year of the vehicle in which it is or wil l be installed. (b) A person commits airb ag fraud when he or she, for consideration, knowingly: (1) imports, manufactures, s ells, offers for sale, installs, or rei nstalls in a vehicle a counterfeit supplemental restraint system component, a non-functional airba g, or an object that does not comply with fede ral safety regulations for the make, model, and year of the vehicle in which it is or will be installed; (2) sells, offers for sale, installs, or reinstalls in any motor vehicle a device that causes a motor vehicle's diagnostic system to inaccurately indicate that the motor vehicle is equipped with a properly functioning airbag; or (3) sells, leases, trades, or transfers a motor vehicle if the pe rson knows that a counterfeit supplemental restraint system component, a non-functional airbag , or an object that does not comply with federal safety regulations for the make, model, and year of the vehicle a s part of a vehicle inflatable restraint system. (c) This Section does not apply to an owner or emplo yee of a motor vehicle dealership or the owner of a veh icle, who, before the sale of the vehicle, does not have knowledge that the vehicle's airbag, or another component of the vehic le's supplemental restraint system, is counterfeit or non- functioning. (d) Sentence. A violation of this Section is a Class A misdemeanor.(Source: P.A. 103-900, eff. 8-9-24; revised 10-21-24.) (720 ILCS 5/24-2) Sec. 24- 2. Exemptions. (a) Subs ections 24-1(a)(3), 24-1(a)(4), 24-1 (a)(10), and 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of the following: (1) Peace officers, and any person summoned by a peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer. (2) Wardens, superintendents , and keepers of prisons, penitentiaries , jails, and other institutions for the de tention of persons accused or convicted of an offense, while in the performance of their official duty, or wh ile commuting between their homes and places of empl oyment. (3) Members of the Armed Services or Re serve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their o fficial duty. (4) Special agents employed by a r ailroad or a public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen whi le actually engaged in the performance of th e duties of their employment. (5) Persons licensed as private security contracto rs, private detectives, or private alarm contractors, or employed by a private securit y contractor, private detective, or private alarm contractor agency licensed by the Department of Financial and Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, F ingerprint Vendor, and Locksmith Act of 2004, while actually engaged in the performan ce of the duties of their employment or commuting between the ir homes and places of employment. A person shall be con sidered eligible for this exemption if he or she has compl eted the required 20 hours of training for a private security contractor, private detective, or private alarm con tractor, or employee of a licensed private security contrac tor, private detective, or private alarm contractor agenc y and 28 hours of required firearm training, and has be en issued a firearm control card by the Department of Fin ancial and Professional Regulation. Conditions for the rene wal of firearm control cards issued under the provisions of this Section shall be the same as for tho se cards issued under the provisions of the Private D etective, Private Alarm, Private Security, Fingerpr int Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the private security contractor , private detective, or private alarm contractor, or employ ee of the licensed private security contractor, priv ate detective, or private alarm contractor agency at all ti mes when he or she is in possession of a concealable we apon permitted by his or her firearm control card. (6) Any person reg ularly employed in a commercial or industrial operation as a security guard for the protection of persons employed and private property related to such commercial or indus trial operation, while actually engaged in the performa nce of his or her duty or traveling between sites or proper ties belonging to the employer, and who, as a security gua rd, is a member of a security force registered with the Department of Financial and Professional Regulation; provi ded that such security guard has successfully comp leted a course of study, approved by and supervised by the Department of Financial and Professional Regulat ion, consisting of not less than 48 hours of training th at includes the theory of law enforcement, liability fo r acts, and the handling of weapons. A person shall be con sidered eligible for this exemption if he or she ha s completed the required 20 hours of training for a se curity officer and 28 hours of required firearm training, and has been issued a firearm control card by the Departme nt of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Al arm, Private Security, Fingerprint Vendor, and Locksmith A ct of 2004. The firearm control card shall be carried by t he security guard at all times when he or she is in pos session of a concealable weapon permitted by his or her f irearm control card. (7) Agents and investigators of the Illinois Legislative Inv estigating Commission authorized by the Commission t o carry the weapons specified in subsections 24-1(a) (3) and 24-1(a)(4), while on duty in the course of any investigation for the Commission. (8) Persons employed by a financi al institution as a security guard for the protection of other employees and property related to such financial ins titution, while actually engaged in the performance of their duties, commuting between their homes and place s of employment, or traveling between sites or p roperties owned or operated by such financial instituti on, and who, as a security guard, is a member of a securit y force registered with the Department; provided that any person so employed has successfully completed a course o f study, approved by and supervised by the Department of Fi nancial and Professional Regulation, consisting of not less than 48 hours of training which includes theory of law enforcement, liability for acts, and the handling of wea pons. A person shall be considered to be el igible for this exemption if he or she has complete d the required 20 hours of training for a security offi cer and 28 hours of required firearm training, and has be en issued a firearm control card by the Department of Financial and Pr ofessional Regulation. Conditions for renewal of firearm control ca rds issued under the provisions of this Section shall be th e same as for those issued under the provisions of the Pr ivate Detective, Private Alarm, Private Security, Fing erprint Vendor, and Locksmith Act of 2004. The firear m control card shall be carried by the security guard at al l times when he or she is in possession of a concealable we apon permitted by his or her firearm control card. For pur poses of this subsection, "financial institution" me ans a bank, savings and loan association, credit unio n, or company providing armored car ser vices. (9) Any person em ployed by an armored car company to drive an armored car, while actually engaged in the performance of his duties. (10) Person s who have been classified as peace officers pursuant to the Peace Officer Fire Investigation Act. (11) Investigators of the Office of t he State's Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attor neys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor 's Act. (12) Speci al investigators appointed by a State's Attorney under S ection 3-9005 of the Counties Code. (12.5) Probation officers while in the performance of their duties, or while commuting betw een their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed, if they hav e received weapons training according to requirements of the Peace Officer and Probation Officer Firearm Training Act. (13) Court security officers Security Offic ers while in the performance of their of ficial duties, or while commuting between their homes and places of employment, with the con sent of the sheriff She riff. (13. 5) A person employed as an armed security guard at a nuclea r energy, storage, weapons, or develo pment site or facility regulated by the Nuclear Regulatory Commission who has c ompleted the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission. (14) Manufacture, transportation, or sale of weapons to persons authorized under subdivisions (1) t hrough (13.5) of this subsection to possess those weapons . (a-5) Subsections 24-1(a )(4) and 24-1(a)(10) do not apply to or affect any p erson carrying a concealed pistol, revolver, or handgun a nd the person has been issued a currently valid lic ense under the Firearm Concealed Carry Act at the time of the commission of the offense. (a-6) Subsections 24-1(a)(4 ) and 24-1(a)(10) do not apply to or affect a qu alified current or retired law enforcement officer or a current or retired deputy, county correctional officer, or correctional officer of the Department of Corrections q ualified under the laws of this State or under the federal La w Enforcement Officers Safety Act. (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any of the following: (1) Members of any club or organization organized for the purpose of practicin g shooting at targets upon established target ranges, wheth er public or private, and patrons of such ranges, whi le such members or patrons are using their firearms on those target ra nges. (2) Duly authorized military or civ il organizations while parading, with the special permission of the Governor. (3) Hunter s, trappers, or fishermen while engaged in lawful hunting, tr apping, or fishing under the provisions of the Wi ldlife Code or the Fish and Aquatic Life Code.

(4) Transportation of weapons that are broken down in a non-functioning state or are not immediately accessi ble. (5) Carrying o r possessing any pistol, revolver, stun gun or taser or othe r firearm on the land or in the legal dwelling of another person as an invitee with that person's permission. (c) Su bsection 24-1(a)(7) does not apply to or affect any of the following: (1) Peace officers while in performance of their official duties. (2) Wardens, superintendents, and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or c onvicted of an offense. (3) Members of the Armed Services or Reserve Force s of the United States or the Illinois National Guard, while in the performance of their official duty. (4) Manufacture, transportation, or sale of machine guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if t he machine guns are broken down in a non-functioning state or are not immediately access ible. (5) Persons license d under federal law to manufacture any weapon from which 8 or more shots or bullets can be discharged by a si ngle function of the firing device, or a mmunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, b ut only with respect to activities which are within the lawful scope of such business, such as the ma nufacture, transportation, or testing of such weapons or ammunition. This exemp tion does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are withi n the lawful scope of a licensed manufacturing business des cribed in this paragraph. During t ransportation, such weapons shall be broken down in a non-functioning state or not immediately accessible. (6) The manufacture, tr ansport, testing, delivery, transfer, or sale, and all lawful commercial or experimental activities necessa ry thereto, of rifles, shotguns, and weapons made from rifle s or shotguns, or ammunition for such rifles, shotguns, or weapons, where engaged in by a pers on operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons, or ammunition to the United States government or any br anch of the Armed Forces of the United States, when such a ctivities are necessary and incident to fulfilling the terms of such contract. The exemption granted under this subdivision (c)( 6) shall also apply to any authorized agent of any such co ntractor or subcontractor who is operating within the sc ope of his employment, where such activities involving such weapon, weapons, or ammunition are necessary a nd incident to fulfilling the terms of such contract. (7) A per son possessing a rifle with a barrel or barrels less than 16 inches in length if: (A) the person has been issued a Curios an d Relics license from the U.S. Bureau of Alcohol, Toba cco, Firearms and Explosives; or (B) the person is an a ctive member of a bona fide, nationally recognized military re-enacti ng group and the modification is required and necess ary to accurately portray the weapon for historical re-enactment purposes; the re-enactor is in p ossession of a valid and current re-enacting group membership credentia l; and the overall length of the weapon as modified is not less than 26 inches. (d) Subsection 24 -1(a)(1) does not apply to the purchase, possession or carrying of a black-jack or slung-shot by a peace officer. (e) Subsection 24-1(a)(8) does not apply to any owner, manager, or authorized employee of any place specif ied in that subsection nor to any law enforcement officer. (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and Section 24-1.6 do not apply to members of any club or or ganization organized for the purpose of practicing shooti ng at targets upon established target ranges, whether publ ic or private, while using their firearms on those targe t ranges. (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply to: (1) Members of the Armed Servi ces or Reserve Forces of the United States or the Illinois Nati onal Guard, while in the performance of their official duty. (2) Bonafide collectors of a ntique or surplus military ordnance. (3) Lab oratories having a department of forensic ballistics , or specializing in the development of ammunition or exp losive ordnance. (4) Commerce, preparation, assembly, or possession of explosive bullets by manufacturers of ammunition li censed by the federal government, in connection with the supply o f those organizations and persons exempted by subdivision (g)(1) of t his Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organ ization or person exempted in this Section by a common carrie r or by a vehicle owned or leased by an exempted manufacturer. (g-5) Subsection 24-1(a)(6) does not apply to or affect persons licensed under federal l aw to manufacture any device or attachment of any kind design ed, used, or intended for use in silencing the report of an y firearm, firearms, or ammunition for those firearms equipped with t hose devices, and actually engaged in the business of manufac turing those devices, firearms, or ammu nition, but only with respect to activities that are wi thin the lawful scope of that business, such as the manufacture, transporta tion, or testing of those devices, firearms, or ammunition. Thi s exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such po ssession and activities as are within the lawful scope of a licensed manufacturing business described in this subsect ion (g-5). During transportation, these devices s hall be detached from any weapon or not immediately acc essible. (g-6) Subsections 24- 1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any parole agent or parole supervi sor who meets the qualifications and conditions prescribed in Section 3-14-1.5 of the Unified Code of Correctio ns. (g-7) Subsection 24-1(a)(6) does not apply to a peace officer while serving as a member of a tactical response team or special operations team. A peace officer may not personally own or apply for ownership of a device or attachment of any kind designed, used , or intended for use in silencing the report of any firearm. These devices shall be owned and maintained by lawfully r ecognized units of government whose duties include the inv estigation of criminal acts. (g-10) (B lank). (h) An information or indictment bas ed upon a violation of any subsection of this Article need n ot negate negative an y exemptions contained in this Article. The defendant shall have the burden of proving such an exemption. (i) Nothing in this Article shall prohibit, apply to, or affect the tra nsportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firea rm consigned to a common carrier operating under license of the St ate of Illinois or the federal g overnment, where such transportation, carrying, or possession is i ncident to the lawful transportation in which such common carr ier is engaged; and nothing in this Article shall prohibit, app ly to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firear m, not the subject of and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of this Article, whic h is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card.(Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23; 102-837, eff. 5-13-22; 103-154, eff. 6-3 0-23; revised 7-22-24.)

Section 1065. The Illinois Controlled Substances Act is amended by changing Secti on 410 as follows: (720 ILCS 570/41

0) Sec. 410. (a) Whenever a ny person who has not previously been convicted of any fe lony offense under this Act or any law of the United State s or of any State relating to cannabis or controlled substanc es, pleads guilty to or is found guilty of possession of a controlled or counterfeit substance under subsection (c) of Sect ion 402 or of unauthorized possession of prescription form under Section 406.2, the court, without entering a judgment and with the consent of such person , may sentence him or her to probation. A sentence under this Section shall not be considered a conviction under Illinois law unless and until judgment is entered under subsection (e) of this Section. (b) When a person is placed on probation, the court shall enter an order specifying a period of pr obation of 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation. (c) The conditions of probation shall be that the person: (1) not v iolate any criminal statute of any jurisdiction; (2) refrain from possessing a firearm or oth er dangerous weapon; (3) submit to periodic drug testing at a t ime and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded an d approved by the county board. The court may give credit tow ard the fulfillment of community service hours for parti cipation in activities and treatment as determined by court services. (d) The court may, in addition to other conditions, require that the person: (1) make a repo rt to and appear in person before or participate with the cou rt or such courts, person, or social service agency as dir ected by the court in the order of probation; (2) pay a fine and costs; (3) work or pursue a course of study or vocationa l training; (4) undergo med ical or psychiatric treatment; or treatment or rehabilitation approved by the Illinois Department of Human Services;

(5) attend or reside in a facili ty established for the instruction or residence of defendant s on probation; (6) support his or her dependents; (6-5) refrain from having in his or her body the presence o f any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetami ne Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence o f any illicit drug; (7) and in addition, if a minor: (i) reside with his or her parents or in a foster home; (ii) attend school; (iii) attend a non-residential program f or youth;

(iv) contribute to his or her own support a t home or in a foster home. (e) Upo n violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and pro ceed as otherwise provided. (f) Upon fulfillment of the terms an d conditions of probation, the court shall discharge the person and di smiss the proceedings against him or her. ( g) A disposition of probation is considered to be a conv iction for the purposes of imposing the conditions of pr obation and for appeal, however, a sentence under this Sec tion is not a conviction for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime unless and until judgment is en tered. (h) A person may not have more than one dis charge and dismissal under this Section within a 4-year period. (i) If a person is convicted of an offense under this Act, the Cannabi s Control Act, or the Methamphetamine Control and Community Protection Act within 5 years subsequ ent to a discharge and dismissal under this Section, the disch arge and dismissal under this Section s hall be admissible in the sentencing proceeding for that conviction as evidence in aggravation. (j) No twithstanding subsection (a), before a person is sent enced to probation under this Section, the court may refer the person to the drug court established in that judi cial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully completing a sentence of probation under this Section and shall report the res ults of its evaluation to the court. If the drug court team finds that the person suffers from a substance use disorder t hat makes him or her substantially unlikely to successfu lly complete a sentence of probation under this Section, then the drug court shal l set forth its findings in the form of a written order, and the person shall not be sentenced to probation under this Section, but shal l be considered for the drug court program.(So urce: P.A. 103-702, eff. 1-1-25; 103-881, eff. 1-1-25; revised 11-26-2 4.) Section 1070. The Drug Paraphernalia Control Act is amended by c hanging Section 2 as follows: (720 ILCS

600/2) (from Ch. 56 1/2, par. 2102) Sec. 2.

As used in this Act, unle ss the context otherwise requires: ( a) The term "cannabis" shall have the meaning ascribed to it in Section 3 of the Cannabis Control Act, as if that definition w ere incorporated herein. (b) The term "contro lled substance" shall have the meaning ascribed to it in Sectio n 102 of the Illinois Controlled Substances Act, as if that definition were incorporated herein. (c) "De liver" or "delivery" means the actual, constructive, or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship. (d) "Drug paraphernalia" means all equipment, products, and materials of any k ind, other than methamphetamine manufacturing materials as defined in S ection 10 of the Methamphetamine Control and Community Protection Act and cannabis paraphernalia as defined in Section 1-10 of the Cannabis Regulation and Tax Act, which are intended to be used unlawfully in planting, propagating, c ultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing , preparing, testing, analyzi ng, packaging, repackaging, storing, containing, concealing , injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Illinois Controlled Substance s Act or the Methamphetamine Control and Community Protec tion Act or a synthetic drug product or misbranded drug in violation of the Illino is Food, Drug and Cosmetic Act. It includes, b ut is not limited to: (1) kits intended to be used unlawfully in manufacturing, compounding, convert ing, producing, processing, or preparing a controlled substance;

(2) isomerization devices intended to be u sed unlawfully in increasing the potency of any species of plant which is a controlled substance; (3) testing equipment intended to be used u nlawfully in a private home for identifying or in analyzing the strength, effectiveness, or purity of c ontrolled substances; (4) diluents and adulterants intended to be used unlawfully for cutting a controlled substance by private persons; (5) objects intended to be used unlaw fully in ingesting, inhaling, or otherwise introducing coc aine or a synthetic drug product or misbranded drug in vio lation of the Illinois Food, Drug and Cosmetic Act into t he human body including, where applicable, the following items : (A) water pipes; (B) carburetion tubes and devices; (C) smoking and carburetion masks; (D) miniature cocaine spoons and cocaine vials; (E) carburetor pipes; (F) electric pipes;

(G) air-driven pipes; (H) chillums; (I) bongs; (J) ice pipes or chillers; (6) any item whose purpose, as an nounced or described by the seller, is for use in violati on of this Act. "Dru g paraphernalia" does not include equipment, product s, or materials to analyze or test for the presence of fent anyl, a fentanyl analog ana logue, or a drug adulterant within a contro lled substance.(Source: P.A. 103-336, eff. 1-1-24; revised 7-22-24.) Section 1075. The Code of Criminal Procedure of 1 963 is amended by changing Section 110-6.1 as follows: (725 ILCS

5/110-6.1) (from Ch. 38, par. 110-6.1) Sec. 110-6.1. Denial of pretri al release. (a) Upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release only if: (1) the defendant is charged with a felony o ffense other than a forcible felony for which, based on the charge or the defendant's criminal history, a sentence of impri sonment, without probation, periodic imprisonment, or conditional discharge, is r equired by law upon conviction, and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case; (1.5) the defendant's pretrial release pos es a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the cas e, and the defendant is charged with a forcible felony, which as used in this Section, means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, armed robbery, aggravated robbery, robbery, bur glary where there is use of force against another person, resi dential burglary, home invasion, vehicular invasion, aggravated arson, arson, aggravated k idnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement , or any other felony which involves the threat of or infli ction of great bodily harm or permanent disability or disfi gurement; (2) the de fendant is charged with stalking or aggravated stalking, and it is alleged that the defendant's pre-trial release poses a real and present threat to the safety of a victim of the alleged offense, and denial of release is ne cessary to prevent fulfillment of the threat upon which th e charge is based; (3) the defendant is charged with a violation of an order of p rotection issued under Section 112A-14 of this C ode or Section 214 of the Illinois Domestic Violence Act of 1986, a stalking no contact order under Section 8 0 of the Stalking No Contact Order Act, or o f a civil no contact order under Section 213 of the Civil No Contact Order Act, and it is alleged t hat the defendant's pretrial release poses a real and present threat to the safety of any person or persons or t he community, based on the specific articulable facts of t he case; (4) the defendant is charged with domestic battery or aggravated domestic battery under Section 12-3.2 or 12-3.3 of the Criminal Code of 2012 and it is alleged that the defendant's pretr ial release poses a real and present threat to t he safety of any person or persons or the community, based on the specific articulable facts of the case; (5) the defendant is charged with a ny offense under Article 11 of the Criminal Code of 2012, except for Sectio ns 11-14, 11-14.1, 11-18, 11-20, 1 1-30, 11-35, 11-40, and 11-45 of the Cr iminal Code of 2012, or similar provisions of the Criminal Code of 1961 and it is alleged that the defendant's pret rial release poses a real and present threat to the safety of any person or persons o r the community, based on the specific articulable facts of the case; (6) the d efendant is charged with any of the following offenses under the Criminal Code of 2012, and it is alleged that the defendant's pretrial release poses a real and present th reat to the safety of any person or persons or the community , based on the specific articulable facts of the case: (A) Section 24-1.2 (aggra vated discharge of a firearm);

(B) Section 24-1.2-5 24-2.5 (ag gravated discharge of a machine gun or a firearm equipped with a device designed or used use for sile ncing the report of a firearm); (C) Section 24-1.5 (reckless discharge of a firearm); (D) Section 24-1.7 (unlawful possessi on of a firearm by a repeat felony offender); (E) Section 24-2.2 (manufacture, sale, or transfer of bull ets or shells represented to be armor pi ercing bullets, dragon's breath shotgun shells, bolo shells, or flechette shells); (F) Section 24-3 (unlawful sale or deliver y of firearms); ( G) Section 24-3.3 (unlawful sale or delivery of fire arms on the premises of any school); (H) Section 24-34 (unl awful sale of firearms by liquor licens e); (I) Section 24-3.5 (unlawful purchase of a firearm); (J) Section 24-3A (gunrunn ing); (K) Section 24-3B (firearms trafficking); (L) Section 10-9 (b) (involuntary servitude); (M) Se ction 10-9 (c) (involuntary sexual servitude of a minor);

(N) Section 10-9(d) (trafficking in persons); (O) Non-probat ionable violations: (i) unlawful possession of weapons by felons or persons in the Custody of the Department of Corrections facilities (Section 24-1.1), (ii) aggravated unlawful possession of a weapon (Section 24-1.6), or (iii) aggravated possession of a stolen firearm (Section 24-3.9); (P) Section 9-3 (reckless homicide and involunt ary manslaughter); (Q) Se ction 19-3 (residential burglary); (R) Section 10-5 (c hild abduction); (S) Felony violations of Section 12C-5 (child endanger ment); (T) Section 12-7.1 (hate crime); (U) Section 10-3.1 (aggravated unlawful restrai nt); (V) Section 12-9 (threatening a public official); (W) Subdivision (f)(1) of Section 12-3.05 (aggravated battery with a deadly weapon other than by discharge of a firear m); (6.5) the defendant is charged with any of the following offen ses, and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any pe rson or persons or the community, based on the specific articulable facts of the case : (A) Felony violations of Sections 3.01, 3.02, or 3.03 of the Humane C are for Animals Act (cruel treatment, aggravated cruelty, and animal torture); (B) Subdivision (d)(1)(B) of Section 11-501 o f the Illinois Vehicle Code (aggravated driving under the influe nce while operating a school bus with passen gers); (C) Subdivision (d)(1)(C) of Sect ion 11-501 of the Illinois Vehicle Code (aggravated driving under the influence causing great bodily harm); (D) Subdivision (d)(1)(D) of Section 11-501 of the Illinois Vehicle Code (aggravated driving unde r the influence after a previous reckless homicide conv iction); (E) S ubdivision (d)(1)(F) of Section 11-501 of the I llinois Vehicle Code (aggravated driving under the influenc e leading to death); or (F) Subdivision (d)(1)(J) of Section 11-501 of the Illinois Vehicle Code (aggravated driving under the influence that resulted in bodily harm to a child under the age of 16); (7) the defendan t is charged with an attempt to commit any charge listed in paragraphs (1) throug h (6.5), and it is alleged that the defendant's pretrial release pose s a real and present threat to the safety of any per son or persons or the community, based on th e specific articulable facts of the case; or (8) the person has a high like lihood of willful flight to avoid prosecution and is charged with: (A) Any fel ony described in subdivisions (a)(1) through (a)(7) of this Section; or (B) A fe lony offense other than a Class 4 offense. (b) If the cha rged offense is a felony, as part of the detention hearing, the court shall determine whether there is probable cause the defendant has committed an offense, unless a hearing pursuan t to Section 109-3 of this Code has already been held or a gran d jury has returned a true bill of indictment agains t the defendant. If there is a finding of no proba ble cause, the defendant shall be released. No such finding is necessary if the defendant is charged with a misd emeanor. (c) Timing of petiti on. (1) A petition ma y be filed without prior notice to the defendant at the first appearance before a judge, or within the 21 calendar days, except as provided in Section 110-6, aft er arrest and release of the defendant upon reasonable notice to defendant; provided that while such petition is pending before the court, the defendant if previously released shall not be det ained. (2) Upon filing, the c ourt shall immediately hold a hearing on the petition unless a continuance is requested. If a continuance is requested and granted, the hearing shal l be held within 48 hours of the defendant's first appearance if the defendant is charged with first degree murder or a Clas s X, Class 1, Class 2, or Class 3 felony, and within 24 hours if th e defendant is charged with a Class 4 or misdemeanor o ffense. The Court may deny or grant the request for continuanc e. If the court decides to grant the continuance, the Cou rt retains the discretion to detain or release the defen dant in the time between the filing of the petition and the hearing. (d) Contents of petition. (1) The petition shall be verified by the State and shall state the grounds upon which it contends the defendan t should be denied pretrial release, including the real and present threat to the safety of any person or persons or the community, based on the specific articulable facts or flight risk, as appropriate. (2) I f the State seeks to file a second or subsequent petition under this Section, the State shall be required to present a verified application setting forth in detail any new facts not known or obtainable at the time of the filing of the previous petition. ( e) Eligibility: All defendants shall be presumed eligible for pretrial release, and the State shall bear the burd en of proving by clear and convincing evidence that: (1) the proof is evident or the presumption great that the defendant has committed a n offense listed in subsection (a), and (2) for offenses listed in paragraphs (1) through (7) of subsection (a), the defendant poses a real and p resent threat to the safety of any person or persons or th e community, based on the specific articulable fact s of the case, by conduct which may include, but is not lim ited to, a forcible felony, the obstruction of justice, intimidation, injury, or abuse as defined by pa ragraph (1) of Section 103 of the Illinois Domestic Violence Act of 1986, and (3) no condition or combin ation of conditions set forth in subsection (b) of Sectio n 110-10 of this Article can mitigate (i) the real a nd present threat to the safety of any person or persons or the community, based on the specific articulable facts of t he case, for offenses listed in paragraphs (1) through (7) of subsection (a), or (ii) the defendant's willful flight for offenses listed in paragraph (8) of subsection (a), and (4) for offenses under subsection (b) of Sect ion 407 of the Illinois Controlled Substances Act that are subject to paragraph (1) of subsection (a), no condition or combination of conditions set forth in subsection (b) of Section 110-10 of this Article can mitigate the real and present threat to the safety o f any person or persons or the community, based on the spe cific articulable facts of the case, and the defendant pose s a serious risk to not appear in court as requ ired. (f) Conduct of the hearings.

(1) Prior to the hearing, t he State shall tender to the defendant copies of the defendant's criminal history available, an y written or recorded statements, and the substance of any oral statements made by any person, if relied upon by the State in its petition, and any police reports in the prosecuto r's possession at the time of the hearing. (2) The State or defendant may pre sent evidence at the hearing by way of proffer based upon r eliable information. (3) The de fendant has the right to be represented by counsel, and if he or she is indigent, to have counsel appointed for him or her. The defendant shall have the opportunity to te stify, to present witnesses on his or her own behalf, and to cross-examine any witnesses that are called by the St ate. Defense counsel shall be given adequate opportunity to confer with the defendant before any hearing at which c onditions of release or the detention of the defendant a re to be considered, with an accommodation for a physical condition made to facilitate attorney/client co nsultation. If defense counsel needs to confer or consult with the defendant during any hearing conducted via a 2-way two-way audio-visual communication system, suc h consultation shall not be recorded and shall be underta ken consistent with constitutional protections. (3.5) A hear ing at which pretrial release may be denied must be conducted in person (and not by way of 2-way two-way audio visual communication) unless the accused waives the right to be present physically in court, the court determines that the physical health and safety o f any person necessary to the proceedings would be endanger ed by appearing in court, or the chief judge of the circuit or ders use of that system due to operational challenge s in conducting the hearing in person. Such operational c hallenges must be documented and approved by the c hief judge of the circuit, and a plan to address the chal lenges through reasonable efforts must be presented and ap proved by the Administrative Office of the Illinois Courts every 6 months. (4) If the defense seeks to compel the complaining witness to testify as a witness in its favor, it shall petition the cou rt for permission. When the ends of justice so require, th e court may exercise its discretion and compel the appearance of a complaining witness. The court shall state on the record reasons for grantin g a defense request to compel the presence of a complaining witness only on the issue of the defe ndant's pretrial detention. In making a determination under this Section, the court shall state on the record the reason for grant ing a defense request to compel the presence of a compla ining witness, and only grant the request if the court finds by clear and convincing evidence that the de fendant will be materially prejudiced if the complaining witness does not appear. Cross-examination of a complaining witness at the pretrial detention hearing for the purpose of impeaching the witness' credibility is ins ufficient reason to compel the presence of the witness. In deciding whether to compel the appearance of a complain ing witness, the court shall be considerate of the em otional and physical well-being of the witness. The pre-trial detention hearing is not to be used fo r purposes of discovery, and the post arraignment ru les of discovery do not apply. The State shall tender to t he defendant, prior to the hearing, copies, if any, of t he defendant's criminal history, if available, and any written or recorded statements and the substance of any oral statements made by any person, if in the State's Attorney's possession at the time of the hearing.

(5) The rules concerni ng the admissibility of evidence in criminal trials do not apply to the presentation and consideration of info rmation at the hearing. At the trial concerning the of fense for which the hearing was conducted neither the findi ng of the court nor any transcript or other record of the hearing shall be admissible in the State's case- in-chief, but shall be admissible for impeachmen t, or as provided in Section 115-10.1 of this Code, o r in a perjury proceeding.

(6) The defendant may not move to suppress evid ence or a confession, however, evidence that proof of the ch arged crime may have been the result of an unlawful search or sei zure, or both, or through improper interrogation, is relev ant in assessing the weight of the evidence against the defendant. (7) Decisi ons regarding release, conditions of release, and d etention prior to trial must be individualized, an d no single factor or standard may be used exclus ively to order detention. Risk assessment tools may not be used as the sole basi s to deny pretrial release. (g) Factors to be considered in making a determination of dangerousnes s. The court may, in determining whether the defendant pos es a real and present threat to the safety of any person or persons or the community, based on the specific articu lable facts of the case, consider, but shall not be lim ited to, evidence or testimony concerning: (1) The nature and circumstances of any offense charged, including whether the offense is a crime of violence, involving a weapon, or a sex offense. (2) The history and characteristics of the de fendant including: (A) Any evidence of the defendant's prior criminal h istory indicative of violent, abusive, or assaultive behavior, or lack of such beh avior. Such evidence may include testimony or documen ts received in juvenile proceedings, criminal, quasi-criminal, civil commitment, domestic relati ons, or other proceedings. (B) Any evidence of the defendant's psychological, psychiatric or othe r similar social history which tends to indicate a violent , abusive, or assaultive nature, or lack of any such hist ory. (3) The identity of any person or persons to whose safety the defendant is believ ed to pose a threat, and the nature of the threat. (4) Any statements made by, or attributed to th e defendant, together with the circumstances surroundi ng them. (5) The a ge and physical condition of the defendant. (6) The age and physical condition of any victim or compl aining witness.

(7) Whether the defendant is known to possess or ha ve access to any weapon or weapons. (8 ) Whether, at the time of the current offense or any o ther offense or arrest, the defendant was on probati on, parole, aftercare release, mandatory supervised release, or other release from custody pending trial, sentencin g, appeal, or completion of sentence for an offense under federal or State state law. (9) Any other factors, including those listed i n Section 110-5 of this Article deemed by the court to have a reasonable bearing upon the defendant's propensi ty or reputation for violent, abusive, or assaultiv e behavior, or lack of such behavior. (h) Detention order. The court shall, in any order for detention:

(1) make a written finding summarizing the court's reasons for concluding th at the defendant should be denied pretrial release, includ ing why less restrictive conditions would not avoid a real and present threat to the safety of any person or pe rsons or the community, based on the specific articulable fact s of the case, or prevent the defendant's willful flight from prosecution; (2) dire ct that the defendant be committed to the custody of the sheriff for confine ment in the county jail pending trial; (3) direct that the defendant be given a reasonable oppor tunity for private consultation with counsel, and for communication with others of his or her choice by visitation, mail and telephone; and (4) direct that the sheriff deliver the defenda nt as required for appearances in connection with cour t proceedings. (i) Detention. If the co urt enters an order for the detention of the defendant pursuant to subsection (e) of this Section, the defendant shall be brought to trial on the offense for which he is detained within 90 days af ter the date on which the order for detention was entered. If the defendant is not brought to trial within t he 90-day period required by the preceding sentenc e, he shall not be denied pretrial release. In computi ng the 90-day period, the court shall omit any per iod of delay resulting from a continuance granted at the request of the defendant and any period of delay resulting from a continuance granted at the request of the State with good cause shown pursuan t to Section 103-5.

(i-5) At each subsequent appearance of the defendant before the court, the judge must find that continued deten tion is necessary to avoid a real and present thre at to the safety of any person or persons or the community, based on the specific articulable facts of the case, or to preve nt the defendant's willful flight from prosecution . (j) Rights of the defendant. The defendant shall be entitled t o appeal any order entered under this Section denying his or h er pretrial release. (k) Appeal. The S tate may appeal any order entered under this Section denying an y motion for denial of pretrial release. (l) Presumption of innocence. Nothing in this Section shall be construe d as modifying or limiting in any way the defendant's pr esumption of innocence in further criminal proceedings.

(m) Interest of victims. (1) Crime victims shall be given notice by the State's A ttorney's office of this hearing as required in paragraph (1 ) of subsection (b) of Section 4.5 of the Rights of Crime Victims an d Witnesses Act and shall be informed of their opportunity at this hearing to obtain a protective order. (2) If the defendant is denied pretrial rel ease, the court may impose a no contact provision with t he victim or other interested party that shall be enforced while the defendant remains in custody. (Source: P.A. 102-1104, eff. 1-1-23; 103-822, eff. 1-1-25; revised 10-23-24.) Section 1080. The Pretrial Success Act is amended by changing Sections 2-1, 2-20, and 2-4 5 as follows:

(725 ILCS 187/2-1) Sec. 2-1. Short title. Th is Article Act may be cited as the Pretrial Success Act. References in this Article to "this Act" mean this Article.(Source: P.A. 103-588, eff. 6-5-24; revised 7-19-24.) (725 ILCS 187/2-20) Sec. 2-2 0. Gran t-making Grant making authority. (a) The Department of Human Services shall have grant-making, operational, and procurement authority to distribute funds to local government health and human services agencies, community-ba sed organizations, and other entities necessary to execute the functions established in this Act. (b) Subject to appropriation, the Department shall issue grants to local governmental agencies and community-bas ed organizations to maximize pretrial success each year. Grants shall be awarded no later than January 1, 2025. Grants in subsequent years shall be issued on or before Septem ber 1 of the relevant fiscal year and shall allow for pre-award expend itures beginning July 1 of the re levant fiscal year. (c) Beginning in fiscal year 2028 and subject to appropriation, grants shall be awarded for a project period of 3 years, contingent on Department requirements for reporting and successfu l performance. (d) The Department shall ensure that grants awarded under this Act do not duplicate or supplant grants awarded under the Reimagine Publ ic Safety Act. (Source: P.A. 103-588, eff. 6-5-24; revised 7-22-2 4.) (725

ILCS 187/2-45) Sec. 2-45. Evaluation. (a) The Department shall is sue a report to the General Assembly no later than January 1 of each year beginning at least 12 months after grants are first issued under this Act. The report shall cover the previou s fiscal year and identify gaps in community-based pret rial supports and services in each service area, explain the investments that are being made to maximize pretrial success, and make furthe r recommendations on how to build community-based capacity for community-based pretrial supports and services including mental health and substance use disorder treatment. (b) Beginning wit h the first report issued at least 24 months after grants are first issued under this Act, the annual report shall includ e an evaluation of the effectiveness of gran ts under this Act in maximizing pretrial success. The Department shall use community-based participatory research methods and ensure that the evaluation incorporates input from individuals and organizations affected by

this the Act, including, but not limited to, ind ividuals with personal experience with being charged wi th a felony offense in Illinois, individuals with personal experience with a family member being charged with a felony of fense in Illinois, local government health and human services agencies, community-based organizations, and court stakeholder s. The evaluation should be conducted with input from outside expert evaluators when possible. (c) The Dep artment shall consider findings from annual reports and evaluations in developing subsequent years' grant-making grantmaking proces ses, monitoring progress toward local advisory councils ' goals, and ensuring equity in the grant- making grantmaking process.(Source: P.A. 103-588, eff. 6-5-24; revised 7-22-24.) Section 1085. The Unified Code of Corrections is amended by c hanging Sections 3-7-2, 3-13-4, 5 -5-3.2, 5-6-3.6, 5-6-3.8, and 5-8-1 as follows:

(730 ILCS 5/3-7-2) (from Ch. 38, par.

1003-7-2) Sec. 3-7-2. Facilities. (a) All institutions and facilit ies of the Department shall provide every committed person with a ccess to toilet facilities, barber facilities, bathing facilities at least once each week, a library of legal materials and published materials including newspapers and mag azines approved by the Director. A committed person may not receive any materials that th e Director deems pornographic. (b) (Blank). (c) All institutions and facilities of the Department shall provide facilities for every committed person to leave h is cell for at least one hour each day unless the chief administrative offic er determines that it would be harmful or dangerous to the security or safety of the institution or facility. (d) All institutions and facilities of the Department shall provide every committed person with a wholesome and nutritional diet at regularly scheduled hours, drinking water, clothing adequate for the season, including underwear, bedding, soap, and towels, and medical and dental care. Und erwear provided to each committed person in all instit utions and facilities of the Department shall be free of ch arge and shall be provided at any time upon request, includ ing multiple requests, of the committed person or as needed by the committed person. (e) All instituti ons and facilities of the Department shall permit every com mitted person to send and receive an unlimited number of uncensored letters, provided, however, that the Director may order that mail be insp ected and read for reasons of the security, safety, or morale of the institution or facility. (f) All of the institutions and facilities of the Department shall permit every committed person to receive in-person visitors an d video contact, if available, except in case of abuse of the visiting privilege or when the chief administrativ e officer determines that such visiting would be harmful or dan gerous to the security, safety or morale of the institu tion or facility. Each committed person is entitled to 7 visits per month. Every committed person may submit a list of at least 30 persons to the Department that are auth orized to visit the committed person. The list shall be kept in an electronic format by the Department beginning on Au gust 1, 2019, as well as available in paper form for Depart ment employees. The chief administrative officer s hall have the right to restrict visitation to non-contact visits, video, or other forms of non-contac t visits for reasons of safety, security, and order, includ ing, but not limited to, restricting contact visits for committe d persons engaged in gang activity. No committed person in a super maximum securi ty facility or on disciplinary segregation is allowed contact visits. Any committ ed person found in possession of illegal drugs or who fail s a drug test shall not be permitted contact visits for a period of at least 6 months. Any committed person involved in gang a ctivities or found guilty of assault committed against a Depar tment employee shall not be permitted contact visits for a per iod of at least 6 months. The Department shall offer every vis itor appropriate written information concerning HIV and AIDS, in cluding information concerning how to contact the Illinois De partment of Public Health for counseling information. The Department shall develop the written materials in consulta tion with the Department of Public Health. The Departmen t shall ensure that all such information and materials are culturally sensitive and reflect cultural diversity as appropriate. Implementation of the changes made to this Section by Public Ac t 94-629 is subject to appropriation. The Depa rtment shall seek the lowest possible cost to provide video calling and shall charge to the extent of recovering any demons trated costs of providing video calling. The Department sha ll not make a commission or profit from video calling servic es. Nothing in this Section shall be construed to permit video calling instead of in-person visitation. (f-5) (Blank). (f-10) The Department may not restrict or limit in-person visit s to committed persons due to the availability of inte ractive video conferences. (f-15) (1) The Department shall issue a standard written policy fo r each institution and facility of the Department that provi des for: (A) the numb er of in-person visits each committed person is e ntitled to per week and per month including the requirements o f subsection (f) of this Section; (B) the hours of in-person visits; (C) the type of identification required for visitors at least 18 years of age; and

(D) the type of identification, if any, required fo r visitors under 18 years of age. (2) This policy shall be posted on the Department website and at each facility. (3) The Depart ment shall post on its website daily any restrictions or deni als of visitation for that day and the succeeding 5 calendar days, inc luding those based on a lockdown of the facility, to inform family mem bers and other visitors. (g) All ins titutions and facilities of the Department shall permit religious ministrations and sacraments to be available to every committed person, but attendance at religious serv ices shall not be required. This subsection (g) is subject to the provisions of the Faith Behind Bars Act. (h) Within 90 days after December 31, 1996, the Department shall prohibit the use of curtains, cell-coverings, or a ny other matter or object that obstructs or otherwise impairs the line of vi sion into a committed person's cell. (i) A point of contact person appointed under subsection (u-6) of Section 3-2-2 of this Code shall promp tly and efficiently review suggestions, complaints, and other requests made by visitors to institutions and facilities o f the Department and by other members of the public . Based on the nature of the submission, the point of c ontact person shall communicate with the appropriate divisi on of the Department, disseminate the concern or compla int, and act as liaison between the parties to reach a resolu tion.

(1) The point of contact person shall main tain information about the subject matter of each correspo ndence, including, but not limited to, information abou t the following subjects: (A) the parties making the submission; (B) any commissary-related concerns; (C) any concerns about the insti tution or facility's COVID-19 COVID protocols and mitigations; (D) any concerns about mail, vi deo, or electronic messages or other communications with incarcerated per sons; (E) any concerns about the institution or facility; (F) any discipline-related conce rns; (G) any concer ns about earned sentencing credits; (H) any concerns about educational opport unities for incarcerated persons; (I) any concerns about health-related matter s; ( J) any mental health concerns; (K) any concerns about personal property; (L) any concerns about the records of the i ncarcerated person; (M) any concerns about recreational opportunities for incarcerated persons; (N) any staffing-related concerns; (O) any co ncerns about the transfer of individuals in custody; (P) any concerns ab out visitation; and (Q) any concerns about work opp ortunities for incarcerated persons. The information shall be maintained in accordance w ith standards set by the Department of Corrections, and shall be made available to the Depa rtment's Planning and Research Division. The point of contact person shall provide a summary of the results of the r eview, including any resolution or recommendations made as a result of correspondence with the Planning and Research Division of the Department. (2) The Department shall provide an annual written report to the Gener al Assembly and the Governor, with the first report du e no later than January 1, 2023, and publish the r eport on its website within 48 hours after the report is trans mitted to the Governor and the General Assembly. The re port shall include a summary of activities undertaken and completed as a result of submissions to the point of contact person. The Department of Corrections shall collect and report the following aggregated and disaggregated data for each institution and facility an d describe: (A) t he work of the point of contact person; (B) the general nature of sugge stions, complaints, and other requests submitted to the po int of contact person; (C) the volume of emails, calls, letters , and other correspondence received by the point of contac t person; (D) the resolutions reached or recommendations made as a resu lt of the point of contact person's review; (E) whether, if a n investigation is recommended, a report of the complaint was forwarded to the Chief Inspector of the Departme nt or other Department employee, and the resolution of t he complaint, and if the investigation has not concluded, a detailed status report on the complaint; and (F) any recommendations that t he point of contact person has relating to systemic iss ues in the Department of Corrections, and any other ma tters for consideration by the General Assembly and the G overnor. The name, address, or other personally identifiable information of a person who f iles a complaint, suggestion, or other request with the point o f contact person, and confidential records shall be r edacted from the annual report and ar e not subject to disclosure under the Freedom of Informati on Act. The Department shall disclose the records only if required by a court order on a sh owing of good cause. (3) The Department must post in a conspicuous place i n the waiting area of every facility or institution a sign that contains in bold, black type the fol lowing: (A ) a short statement notifying visitors of the po int of contact person and that person's duty to receiv e suggestions, complaints, or other requests; and (B) information on how to submit suggestions, complaints, or other requests to the p oint of contact person. (j) Menstrual hygiene products shall be available, as ne eded, free of charge, at all institutions and facilities of the Department for all co mmitted persons who menstruate. In this subsection (j), "m enstrual hygiene products" means tampons and sanitary napki ns for use in connection with the menstrual cycle. (Source: P.A. 102-1082, eff. 6-1 0-22; 102-1111, eff. 6-1-23; 103-154, eff. 6-30-23; 103-331, eff. 1-1-24; revised 7-22-24.) (730 ILCS 5/3-13-4) (f

rom Ch. 38, par. 1003-13-4) Sec. 3-13-4. Rules and sanctions.) (a) The Department s hall establish rules governing release status and sh all provide written copies of suc h rules to both the committed person on work or day releas e and to the employer or other person responsible for the individual. Such employ er or other responsible person shall agree to abide by such rules, notify the Department of any violation thereof by the individual on release status, and notify the Department of the discharge of the person from work or other progr ams. (b) If a committed person violates an y rule, the Department may impos e sanctions appropriate to the violation. The Department shall provide sanctions for unauthorized absences which shall include prosecution for escape under Section 3-6-4. (c) An order certified by the Director, Assistant Director, or the Supervisor of the Apprehension Unit, or a person duly designated by him or her, with the seal of the Department of Corrections attached a nd directed to all sheriffs, coroners, police officers, or to any particular persons named in the order shall be sufficient warrant for t he officer or person named therein to arrest and deliver th e violator to the proper correctional official. Such order sha ll be executed the same as criminal processes. In the event that a work-releasee is arrested for anoth er crime, the sheriff or police officer shall hold the re leasee in custody until he notifies the nearest Office of Fie ld Services or any of the above-named persons designated in this Section to certify the particular process or warrant. (d) Not less than 3 days prior to any pe rson being placed in a work release facility, the Department o f Corrections shall provide to the State's Attorney and Sheriff of the county in which the work release center is located, relevant identifying information con cerning the person to be placed in the work releas e facility. Such information shall include, but not be limi ted to, such identifying information as name, age, physical description, photograph, the offense, and the sentence for which the person is serving time in the Department of Corrections, and like information. The Department of Correctio ns shall, in addition, give written notice not less than 3 days prior to the placement to the State's Attorney of the cou nty from which the offender was originally sentenced. The noti fication requirements of this subsection (d) may be electronic n otification for individuals required to be housed outside the penitentiary system pursuant to subsection (a) of Sectio n 5-8-6. (e) For those individuals req uired to be housed outside the penitentiary system as outlined in subsec tion (a) of Section 5-8-6, the Department as s oon as reasonably practicable shall provide the State's At torney and Sheriff of the county in which the work releas e center is located, relevant identifying information concern ing the person to be placed in the work release facility. Such information shall include, but is not limited to, such identif ying information as name, age, physical description, photograp h, the offense, and the sentence for which the person i s serving time in the custody of the Department of Co rrections, and similar information. The Department of Corrections shall, in addition, give electronic notice as soon as reasonably practicable to the State's Attorney of the county from which the individual was originally sentenc ed. (Source: P.A. 103-358, eff. 1-1-24; revised 7-22-24.) (730 ILCS 5/5-5-3.2) S ec. 5-5-3.2. Fa ctors in aggravation and extended-term sentencing.

(a) The following factors sh all be accorded weight in favor of imposing a term of imprison ment or may be considered by the court as reasons to imp ose a more severe sentence under Section 5-8-1 or Article 4.5 of Chapter V: (1) the defendant's conduct caused or threatened serious ha rm; (2) the defendant rece ived compensation for committing the offense; (3) the defendant has a history of prior delinquency or criminal activity; (4) the defendant, by the duties of his office or by his position, was obliged to prevent the particular off ense committed or to bring the offenders committing it to justice; (5) the defendant held public office at the time of the offense, and the offen se related to the conduct of that office; (6) the defenda nt utilized his professional reputation or position in the community to commit the offense, or to affo rd him an easier means of committing it; (7) the sentence is necess ary to deter others from committing the same crime; (8) the defendant committed the offens e against a person 60 years of age or older or such person's property; (9) the defendant committed the o ffense against a person who has a physical disability or such person's property;

(10) by reason of another indi vidual's actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or m ental disability, or national origin, the defendant committ ed the offense against (i) the person or property of that individual; (ii) the person or property of a person who has an association with, is married t o, or has a friendship with the other individual; or (iii) the person or property of a relative (by blood or marr iage) of a person described in clause (i) or (ii). For the purposes of this Section, "sexual orientatio n" has the meaning ascribed to it in paragraph (O-1) of Section 1-103 of the Illinois Human Rights Act; (11) the offense took place in a place of worship or on the grounds of a place of worship, imm ediately prior to, during or immediately following worsh ip services. For purposes of this subparagraph, "place of worship" shall mean any church , synagogue or other building, structure or place used p rimarily for religious worship; (12) the defendant was con victed of a felony committed while he was on pretrial r elease or his own recognizance pending trial for a prior f elony and was convicted of such prior felony, or the d efendant was convicted of a felony committed while he was serving a period of probation, conditional dischar ge, or mandatory supervised release under subsectio n (d) of Section 5-8-1 for a prior felony; (13) the defendant committe d or attempted to commit a felony while he was wearing a bulletproof vest. For the purposes of this paragraph ( 13), a bulletproof vest is any device which is designed for the purpose of protecting the wearer from bullets, shot or oth er lethal projectiles; (14) the defendant held a position of trust o r supervision such as, but not limited to, family member as defined in Section 11-0.1 of the Criminal Cod e of 2012, teacher, scout leader, baby sitter, or day ca re worker, in relation to a victim under 18 years of age, a nd the defendant committed an offense in violation of Section 11-1. 20, 11-1.30, 11-1.40, 11-1.50, 11-1.6 0, 11-6, 11-11, 11-14.4 except for an o ffense that involves keeping a place of juvenile prostituti on, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 against that victim;

(15) the defendant committed an offense related to the activities of an organized gang. For the purposes of this factor, "organized gang" has the meaning ascribed to it in Section 10 of the Streetgang Terrorism Omnibus Pre vention Act; (16) the defendant committed an offe nse in violation of one of the following Sections whi le in a school, regardless of the time of day or time of y ear; on any conveyance owned, leased, or contracted by a schoo l to transport students to or from school or a school relat ed activity; on the real property of a school; or on a public way within 1,000 feet of the real property co mprising any school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16 , 18-2, or 33A-2, or Section 12-3.05 exc ept for subdivision (a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal Code of 2012; (16.5) the defendant committed an offense in v iolation of one of the following Sections while in a day c are center, regardless of the time of day or time of year; on the real property of a day care center, regardless of the time of day or time of ye ar; or on a public way within 1,000 feet of the real p roperty comprising any day care center, regardless of t he time of day or time of year: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1 .40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or 33A-2, o r Section 12-3.05 except for subdivision (a)(4) or (g)(1), of the Criminal Code of 1961 o r the Criminal Code of 2012; (17) the defendant com mitted the offense by reason of any person's activity as a community policing volunteer or to prevent any person from enga ging in activity as a community policing volunteer. For the p urpose of this Section, "community policing volunteer " has the meaning ascribed to it in Section 2-3.5 of the Criminal Code of 2012; (18) the defendant committed the offense in a nurs ing home or on the real property comprising a nursing ho me. For the purposes of this paragraph (18), "nursing h ome" means a skilled nursing or intermediate long term care facility that is subject to l icense by the Illinois Department of Public Health under the Nursing Home Care Act, the Sp ecialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD A ct; (19) the defendant was a federally licensed firearm dealer and was p reviously convicted of a violation of subsection (a) of Section 3 of the Fir earm Owners Identification Card Act and has now commit ted either a felony violation of the Firearm Owners Identification Card Act or an act of armed violence while ar med with a firearm; (20) the defendant (i) committed the offense of reckless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 or the offense of d riving under the influence of alcohol, other drug or drugs, in toxicating compound or compounds or any combination thereof under Section 11-501 of the I llinois Vehicle Code or a similar provision of a local o rdinance and (ii) was operating a motor vehicle in exces s of 20 miles per hour over the posted speed limit as p rovided in Article VI of Chapter 11 of the Illinois Vehicle Code; (21) t he defendant (i) committed the offense of reckless drivin g or aggravated reckless driving under Section 11-503 of the Illinois Vehicle Code and (ii) was operating a motor vehicle in excess of 20 miles per hour over the posted speed limit as provi ded in Article VI of Chapter 11 of the Illinois Ve hicle Code; (22) the defendant committed the offense against a person that the defendant knew, or reasonably should have known, was a member of the Armed Forces of the United States serving on active duty. For purposes of this clause (22), the term "Armed Forces" means any of the Arme d Forces of the United States, including a member of an y reserve component thereof or National Guard unit cal led to active duty; (23) the defendant committed the offense against a perso n who was elderly or infirm or who was a person with a di sability by taking advantage of a family or fiduciary r elationship with the elderly or infirm person or person wi th a disability; (24) the defendant committed any offense under Section 11-20.1 of the Criminal C ode of 1961 or the Criminal Code of 2012 and possessed 100 or more images; (25) t he defendant committed the offense while the defendant or the victim was in a train, bus, or other vehicle used fo r public transportation; (26) the d efendant committed the offense of child pornography or ag gravated child pornography, specifically including paragra ph (1), (2), (3), (4), (5), or (7) of subsection (a) o f Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012 where a child engaged in, soli cited for, depicted in, or posed in any act of sexual p enetration or bound, fettered, or subject to sadistic, maso chistic, or sadomasochistic abuse in a sexu al context and specifically including paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1B or Section 11-20.3 of the Criminal Code of 1961 where a child engaged in, solicited for, depicted in , or posed in any act of sexual penetration or bo und, fettered, or subject to sadistic, masochistic, or sadoma sochistic abuse in a sexual context; (26.5) the defendant committed the offense of obscene depiction of a purported child, specifically including paragraph (2 ) of subsection (b) of Section 11-20.4 of the Cr iminal Code of 2012 if a child engaged in, solicited for, depicted in , or posed in any act of sexual penetration or bound, fe ttered, or subject to sadistic, masochistic, or sadomasoch istic abuse in a sexual context; (27) the defendant committed the offense of first degree murder, assault, aggravated assault, battery, aggrava ted battery, robbery, armed robbery, or aggravated robbery against a person who was a veteran and the defendant kn ew, or reasonably should have known, that the person was a veteran performing duties as a representative of a veter ans' organization. For the purposes of this paragraph (27), "veteran" means an Illinois resident who has served as a member of the United States Armed Forces, a member of the Illin ois National Guard, or a member of the United States Rese rve Forces; and "veterans' organization" means an organi zation comprised of members of which substant ially all are individuals who are veterans or spouses, widow s, or widowers of veterans, the primary purpose of whic h is to promote the welfare of its members and to provide assist ance to the general public in such a way as to confer a public benefit; (28) the defendant committed the offense of assault , aggravated assault, battery, aggravated battery, robbery, armed robbery, or aggravated robbery against a person that the defendant knew or reas onably should have known was a letter carrier or post al worker while that person was performing his or her duti es delivering mail for the United States Postal Ser vice; (29) the defendan t committed the offense of criminal sexual assault, aggrava ted criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse against a victim with a n intellectual disability, and the defendant holds a positio n of trust, authority, or supervision in relation to the v ictim; (30) the defendan t committed the offense of promoting juvenile prosti tution, patronizing a prostitute, or patronizing a min or engaged in prostitution and at the time of the comm ission of the offense knew that the prostitute or minor en gaged in prostitution was in the custody or guardianship o f the Department of Children and Family Services; (31) the defendant (i) committed the of fense of driving while under the influence of alcohol, oth er drug or drugs, intoxicating compound or compounds or any combination thereof in violation of Section 11-501 of the Illinois Vehicle Code or a similar provision o f a local ordinance and (ii) the defendant during the commission of the offense was driving his or her vehicle u pon a roadway designated for one-way traffic in the o pposite direction of the direction indicated by offi cial traffic control devices; (32) the defendant committed the offense of reckles s homicide while committing a violation of Section 11-907 of the Illinois Vehicle Code; (33) the defendant was found guilty of an adminis trative infraction related to an act or acts of publ ic indecency or sexual misconduct in the penal institut ion. In this paragraph (33), "penal institution" has the same meaning as in Section 2-14 of the Crimi nal Code of 2012; or (3 4) the defendant committed the offense of leav ing the scene of a crash in violation of subsection (b ) of Section 11-401 of the Illinois Vehicle Code an d the crash resulted in the death of a person and at the time of the offense, the defendant was: (i) driving under t he influence of alcohol, other drug or drugs, intoxicati ng compound or compounds or any combination thereof as def ined by Section 11-501 of the Illinois Vehicle Code; or (ii) operating the motor vehicle while using an electronic communication device as defined in Section 12-610 .2 of the Illinois Vehicle Code. For the purposes of this Section:

"School" is defined as a public or private elementary or se condary school, community college, college, or university . "Day care center" means a pu blic or private State certified and licensed day care c enter as defined in Section 2.09 of the Child Care Act of 1969 that displays a sign in plain view stating th at the property is a day care center. "Intel lectual disability" means significantly subave rage intellectual functioning which exists concurrently wi th impairment in adaptive behavior.

"Public transportation" means the transportation or conveyance o f persons by means available to the general public, and i ncludes paratransit services. "Traffic control devices" means all signs, sign als, markings, and devices that conform to the Illin ois Manual on Uniform Traffic Control Devices, placed or erected by authority of a public body or official having jurisdicti on, for the purpose of regulating, warning, or guiding traffic. (b) The following factor s, related to all felonies, may be considered by the court as reasons to impose an extended term sentence und er Section 5-8-2 upon any offender: (1) When a defendant is convicted of any felon y, after having been previously convicted in Illinois or any other jurisdiction of the same or similar class felony or g reater class felony, when such conviction has occurred within 10 years after the previous conviction, excluding time spent in custody, and such charges are separately brought and tried and a rise out of different series of acts; or (2) When a defendant is conv icted of any felony and the court finds that the offense was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty; or (3) When a defendant is convicted of any felony committe d against: (i ) a person under 12 years of age at the time of the offense or such person's property; (ii) a pers on 60 years of age or older at the time of the offense or s uch person's property; or (iii) a person who had a physical disability at the time of the offense or such pers on's property; or (4) When a defendant is convicted of any felony and the offense in volved any of the following types of specific miscon duct committed as part of a ceremony, rite, initiation, observance, performance, practice or activity of any actu al or ostensible religious, fraternal, or social group:

(i) the bruta lizing or torturing of humans or anima ls; (ii) the thef t of human corpses; (iii) the kidnapping of humans; (iv) the desecration of any cemetery, religious, fraternal, business, gover nmental, educational, or other building or prope rty; or (v) ritualize d abuse of a child; or (5) When a defendant is convicted of a felony other than conspiracy and t he court finds that the felony was committed under an agreement with 2 or more other persons to commit that offense and the defendant, with respect to the other individuals, occupied a position of organizer, superviso r, financier, or any other position of management or leade rship, and the court further finds that the felony committed was related to or in furtherance of the criminal activities of an organized gang or was motivated by the de fendant's leadership in an organized gang; or (6) When a defe ndant is convicted of an offense committed while using a f irearm with a laser sight attached to it. For purposes of this paragraph, "laser sight" has the meaning ascribed to it in Section 26-7 of the Criminal Code of 2012; or (7) When a defendant who was at least 17 years of age at the time of the commission of t he offense is convicted of a felony and has been previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an ac t that if committed by an adult would be a Class X or Clas s 1 felony when the conviction has occurred within 10 ye ars after the previous adjudication, excluding time spent in custody; or (8) When a defendant commits any felony and the defendant used, p ossessed, exercised control over, or otherwise directed an animal to assault a law enforcement officer engaged in the execution of his or her official duties or in furtherance o f the criminal activities of an organized gang in which the defendant is engaged; or (9) When a d efendant commits any felony and the defendant knowingl y video or audio records the offense with the inten t to disseminate the recording. (c) The following factors may be considered by the court as reasons to impose an extended term sentence under Section 5- 8-2 (730 ILCS 5/5-8-2) upon any offender for the listed offenses: (1) When a defendant is convicted of first degree murder, after having been previo usly convicted in Illinois of any offense listed under para graph (c)(2) of Section 5-5-3 (730 ILCS 5/5-5-3), when that con viction has occurred within 10 years after the pre vious conviction, excluding time spent in custody, and the charges are separately brought and tried and aris e out of different series of acts.

(1.5) When a defendant is convicted of first degree murder, after having been previously convicted of domestic battery (720 ILCS 5/12-3.2) or aggravated d omestic battery (720 ILCS 5/12-3.3) committed on the same victim or after havi ng been previously convicted of violation of an order of protecti on (720 ILCS 5/12-30) in w hich the same victim was the protected person. (2) When a defendant is convicted of voluntary manslaughter, second degree murder, in voluntary manslaughter, or reckless hom icide in which the defendant has been convicted of causi ng the death of more than one individual. (3) When a defendant is convicted of a ggravated criminal sexual assault or criminal sexual assault, when there is a finding that aggravate d criminal sexual assault or criminal sexual assault was also committed on the same victim by one or more oth er individuals, and the defendant voluntarily participat ed in the crime with the knowledge of the par ticipation of the others in the crime, and the commission of the crime was part of a single course of conduct during which there was no substantial change in the nature of the criminal objective.

(4) If the victim was under 18 years of age at the time of the co mmission of the offense, when a defendant is convicted of aggravated criminal sexual assault or predatory criminal sexual assault of a child under subsection (a)(1) of Section 11-1.40 or subsection (a)(1) of Section 12-14.1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). (5) When a defenda nt is convicted of a felony violation of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1 ) and there is a finding that the defendant is a member of an organized gang. (6) When a defendant was convicted of unlawful pos session of weapons under Section 24-1 of the Crimin al Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing a w eapon that is not readily distinguishable as one of the weapons enumerated in Section 24-1 of the Criminal Code of 19 61 or the Criminal Code of 2012 (720 ILCS 5/24-1). (7) When a defendant is convicted of an offense in volving the illegal manufacture of a controlled sub stance under Section 401 of the Illinois Controlled Substances A ct (720 ILCS 570/401), the illegal m anufacture of methamphetamine under Section 25 of the Methamphetamine Control and Community Protection Act (720 ILCS 646/25), or the illegal possessio n of explosives and an emergency response officer in the perform ance of his or her duties is killed or injured at the scene of the offense while respondin g to the emergency caused by the commission of the offe nse. In this paragraph, "emergency" means a situation in which a person's life, health, or safety is in jeopardy; and "emergency response officer" mean s a peace officer, community policing volunteer, fireman, emergency medical technician-ambulance, emergency medical technician-intermediate, emergency medical technician-paramedic, ambulance driver, other medical assistance or first aid personnel, or hospital emergency room personnel. (8) When the defendant is convicted of attempted mob acti on, solicitation to commit mob action, or conspira cy to commit mob action under Section 8-1, 8-2, or 8-4 of the Criminal Code of 2012, where the criminal object is a viola tion of Section 25-1 of the Criminal Code of 2012, an d an electronic communication is used in the commission of the offense. For the purp oses of this paragraph (8), "electronic communication" shall have the meaning provided in Section 26.5-0. 1 of the Criminal Code of 2012. (d) For the purposes of this Section, "organized gang" has t he meaning ascribed to it in Section 10 of the Illin ois Streetgang Terrorism Omnibus Prevention Act. (e) The court may impose an extended term se ntence under Article 4.5 of Chapter V upon an offender who has been convicted of a felony violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1. 50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 when the victim o f the offense is under 18 years of age at the time of the c ommission of the offense and, during the commission of th e offense, the victim was under the influence of alcohol, regardless of wheth er or not the alcohol was supplied by the offender; an d the offender, at the time of the commission of the offense, knew or should have known that the victim had consumed alc ohol. (Source: P.A. 102-558, eff. 8 -20-21; 102-982, eff. 7-1-23; 103-822, eff. 1-1-25; 103-825, eff. 1-1-25; revised 11-26-24.) (730 ILCS 5/5-6-3.6) Sec. 5-6-3.6. First Time Weapon Offense Program. (a) The General Assembly has sought to promote public s afety, reduce recidivism, and conserve valuable resources of the criminal justice system through the c reation of diversion programs for non-violent offenders. Public Act 103-370 This amendator y Act of the 103rd General Assembly estab lishes a program for first-time, non-violent offen ders charged with certain weapons possession offenses. Th e General Assembly recognizes some persons, particularly in are as of high crime or poverty, may have experienced trauma that contributes to poor decision making skills, and the creation of a diversionary program poses a greater benefit to the community and the per son than incarceration. Under this program, a court, with the consent of the defendant and the State's Attorney, may sentence a defendant charged with an unlawful pos session of weapons offense under Section 24-1 of the Criminal Code of 2012 or aggravat ed unlawful possession of a weapon offense under Section 24-1.6 of the Criminal Code of 2012, if punishable as a Class 4 felony or lower, to a First Time Weapon Offense Prog ram. (b) A defendant is not eligible for thi s Program if: (1) the offen se was committed during the commission of a violent offense as defined in subsection (h) of this Sectio n; (2) he or she has previously been convicted or placed on probation or conditional discharge for any viole nt offense under the laws of this State, the laws of any o ther state, or the laws of the United States; (3) he or she had a prior successful com pletion of the First Time Weapon Offense Program un der this Section; (4) he or she has previously been adjudicated a delinquent minor f or the commission of a violent offense; (5) (blank); or (6) he or she has an existing order of protection iss ued against him or her. (b-5) In considering whether a defendant shall be sentenced to the F irst Time Weapon Offense Program, the court shall consider th e following: (1) the age, immaturity, or limited mental capacity of the defendant; (2) the nature and circumstances of t he offense; (3) whet her participation in the Program is in the interest of the defendant's rehabilitation, including a ny employment or involvement in community, educational , training, or vocational programs; (4) whether the defendant suffers from trauma, as supported by documentation or evaluation by a licensed professional; a nd (5) the potential risk to public safety. (c) For an offense committed on or afte r January 1, 2018 (the effective date of Public Act 100-3) whenever an eligible p erson pleads guilty to an unlawful possession of we apons offense under Section 24-1 of the Criminal C ode of 2012 or aggravated unlawful possession of a weapo n offense under Section 24-1.6 of the Criminal Cod e of 2012, which is punishable as a Class 4 felony or lower, t he court, with the consent of the defendant and the State's Attorney, may, without entering a judgment, sentence the def endant to complete the First Time Weapon Off ense Program. When a defendant is placed in the Program, the court shall defer furth er proceedings in the case until the conclusion of the pe riod or until the filing of a petition alleging violation of a term or condition of the Program. A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal; , however, a sentence under this Section is not a convictio n for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime u nless and until judgment is entered. Upon violation of a term or con dition of the Program, the court may enter a judgment on i ts original finding of guilt and proceed as otherwise provided by law. Upon fulfillment of the terms and conditions of the Program, the court shall discharge the person and dismiss t he proceedings against the person. (d) The Program shall be at least 6 months and not to exceed 24 months, as determined by the court at the re commendation of the Program administrator and the State 's Attorney. The Program administrator may be appointed by the Chief Judge of each Judicial Circuit. (e) The conditions of the Program shall be that th e defendant: (1) not violate any criminal statute of this State or any other jurisdiction;

(2) refrain from possessing a firearm or other dangerous weapon;

(3) (blank); (4) (blank); (5) (blank); (6) (blank); (7) at tend and participate in any Program activities deemed required b y the Program administrator, such as: counseling sessions, in-person and over the phone check-ins, and educa tional classes; and (8) (bl ank). (f) The Program may, in ad dition to other conditions, require that the defendant : (1) obtain or a ttempt to obtain employment; (2) attend educational courses designed to prepare the d efendant for obtaining a high school diploma or to work toward passi ng high school equivalency testing or to work toward completing a vocational training progra m; (3) refrain from havin g in his or her body the presence of any illicit drug prohibited by the Methamphetamine Control and Commun ity Protection Act or the Illinois Controlled S ubstances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;

(4) perform community service; (5) pay all fines, assessments, fees, and costs; and (6) comply with such other reasonable conditions as the court may impose. (g) There may be only one dis charge and dismissal under this Section. If a person i s convicted of any offense which occurred within 5 years subsequent to a discharge and dismissal under this Section, the discharge and d ismissal under this Section shall be admissible in the senten cing proceeding for that conviction as evidence in aggrav ation. (h) For purposes of th is Section, "violent offense" means any offense in which bodily harm was infli cted or force was used against any person or threaten ed against any person; any offense involving th e possession of a firearm or dangerous weapon; any offen se involving sexual conduct, sexual penetration, or sexual exploitation; violation of an order of protection, stalki ng, hate crime, domestic battery, or any offense of domes tic violence. ( i) (Blank). (Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22; 103-370, eff. 7-28 -23; 103-702, eff. 1-1-25; 103-822, eff. 1-1-25; revised 11-26 -24.) (730 ILCS 5/5-6-3.8) Sec. 5-6-3.8. Eligibility fo r programs restricted by felony background. Any conviction entered prior to July 1, 2021 (the effectiv e date of Public Act 101-652) this amendatory Act of the 101st General Assembly for: (1) felony possession of a controlled substance, or possession with i ntent to manufacture or deliver a controlled substanc e, in a total amount equal to or less than the amounts listed in subsection (a-5) of Section 402 of the Illinois Co ntrolled Substances Act; or (2) felony possession of methamphetamine, or possession with intent to deliver methamphetamine, in an amount less than 3 grams; or any adjudication of delinquency under the Juvenile Court Act of 1987 for acts that would ha ve constituted those felonies if committed by an adult; ,shall be treated as a Class A misdemeanor for the purposes of evaluating a defendant' s eligibility for programs of qualified probation, impact incarceration, or any other diversio n, deflection, probation, or other program for which felony background or delinquency backgr ound is a factor in determining eligibility.".(Source: P.A. 101-652, eff. 7-1-21; revised 1-15-25.) (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1) Sec. 5-8-1. Natur al life imprisonment; enhancements for use of a firearm; mandatory supervis ed release terms. (a) Except as otherwise provided in the statute defini ng the offense or in Article 4.5 of Chapter V, a sentence of imprisonment for a felony shall be a determina te sentence set by the court under this Section, subject to Section 5-4.5-115 of this Code, according to the follo wing limitations: (1) for f irst degree murder, (a ) (blank), (b) i f a trier of fact finds beyond a reasonable doubt that th e murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty or, except as set fo rth in subsection (a)(1)(c) of this Section, that any of the aggravating factors listed in subparagraph (b-5) are present, the court may sentence the defendant, subject to Section 5-4.5-105, to a term of natural life imprisonment, or (b-5) a A defendant who at the ti me of the commission of the offense has attained the age of 18 or more and who has been fo und guilty of first degree murder may be sentenced to a t erm of natural life imprisonment if: (1) the murdered individual was an inmate at an institution or facility of the Department of Corrections, or any similar local correctional agency and was killed on the grounds thereof, or the murdered individual was otherwise present in such institution o r facility with the knowledge and approval of the chie f administrative officer thereof; (2) the murdered individual was ki lled as a result of the hijacking of an airplane , train, ship, bus, or other public conveyance ; (3) t he defendant committed the murder pursuant to a contract, ag reement, or understanding by which he or she was to r eceive money or anything of value in return for committing the murder or procured another to co mmit the murder for money or anything of value; (4) the m urdered individual was killed in the course of another f elony if: (A) the murdered individual: (i) was actually killed by the defendant, or ( ii) received physical injuries personally infli cted by the defendant substantially contemporaneo usly with physical injuries caused by one or more persons for whose conduct the defendant is lega lly accountable under Section 5-2 of this C ode, and the physical injuries inflicte d by either the defendant or the other person or persons for w hose conduct he is legally accountable caused t he death of the murdered individual; and (B) in performing the acts w hich caused the death of the murdered individual or which resulted in physical injuries persona lly inflicted by the defendant on the murdered i ndividual under the circumstances of subd ivision (ii) of clause (A) of this clause (4) , the defendant acted with the intent to kill the murdered individual or with th e knowledge that his or her acts created a strong probability of death or great bodily harm to the murdered individual or a nother; and (B) in performing the acts which caused the death of the murdered individual o r which resulted in physical injuries person ally inflicted by the defendant on the murdered individual und er the circumstances of subdivision (i i) of clause (A) of this clause (4), the defendant acted with the intent to k ill the murdered individual or with the kno wledge that his or her acts created a strong pr obability of death or great bodily ha rm to the murdered individual or another; and (C) the other felony was a n inherently violent crime or the attem pt to commit an inherently violent crime. I n this clause (C), "inherently viole nt crime" includes, but is not limited to , armed robbery, robbery, predatory crimina l sexual assault of a child, aggravate d criminal sexual assault, aggravated k idnapping, aggravated vehicular hijacking , aggravated arson, aggravated stalking, r esidential burglary, and home invasion;

(5) the defendant committed the murder with intent to prevent the murdered individua l from testifying or participating in any criminal investigation or prosecution or giving material assistance to the State in any investigation or pros ecution, either against the defendant or an other; or the defendant committed the murder because the murdered individual was a w itness in any prosecution or gave material a ssistance to the State in any investigati on or prosecution, either against the def endant or another; for purposes of this clau se (5), "participating in any criminal inves tigation or prosecution" is intend ed to include those appearing in the proceedings in any capacit y such as trial judges, prosecutors, defen se attorneys, investigators, witnesses, or jur ors; (6) the defendant, while commit ting an offense punishable under Section 401, 401.1, 401.2, 405, 405.2, 407, or 407.1 or subsection (b) of Section 404 of the Illinois Controlled Substances Act, or while engaged in a conspiracy or solicitation to commit such of fense, intentionally killed an individual or counseled, comman ded, induced, procured, or c aused the intentional killing of the murdere d individual; (7) the defendant was incarcerated in an institution or facility of the Departm ent of Corrections at the time of the murder, a nd while committing an offense punishable as a fe lony under Illinois law, or while engaged in a cons piracy or solicitation to commit such offense, int entionally killed an individual or counseled, comm anded, induced, procured, or caused the intentional killing of the murdere d individual;

(8) the murder was committed in a cold, calculated and premeditated manner pursu ant to a preconceived plan, scheme, or design to take a human life by unlawful means , and the conduct of the defendant created a reas onable expectation that the death of a human being would result there from; (9) the defendant was a principal administrat or, organizer, or leader of a calculated crim inal drug conspiracy consisting of a hierarch ical position of authority superior to that of all other members of th e conspiracy, and the defendant counseled, commande d, induced, procured, or caused the intentional killing of the murdered person;

(10) the murder was inten tional and involved the infliction of torture. For the purpose of this clause (10), torture means the infliction of or subjection to extreme physical pa in, motivated by an intent to increase or prol ong the pain, suffering, or agony of the vict im; (11) the murde r was committed as a result of the intentional discharge o f a firearm by the defendant from a motor vehicle and the victim was not present within the motor vehicle; (12) the murdered individual was a person with a disabil ity and the defendant knew or should have kno wn that the murdered individual was a per son with a disability. For purposes of this clause ( 12), "person with a disability" means a p erson who suffers from a permanent physical or men tal impairment resulting from disease, an injury, a functional disorder, or a congenital condition that renders the person incapable of adequat ely providing for his or her own health or personal care; (13) the murdered individual was subject to an order of protection and the murder was committed by a perso n against whom the same order of protection was issued under the Illinois Domestic Violence Act of 1986;

(14) the murdered individual was known by the defendant to be a teacher or other person employed in any school and the teacher or other employee is upon the grounds of a school or g rounds adjacent to a school, or is in any part of a building used for school purposes; (15) the murder was committed by the defendant i n connection with or as a result of the offense of terrorism as defined in Section 29D-14.9 o f this Code; (16) the murdered individual was a member of a congregation engaged in prayer or o ther religious activities at a church, synagogue , mosque, or other building, structure, or plac e used for religious worship; or (17)(i) the mur dered individual was a physician, ph ysician assistant, psychologist, nurse, or advanced practice regi stered nurse; (ii) the defendant knew or sho uld have known that the murdered individual was a physician, physician assistant, psychologist, nurse, or advanced practice registered nurse; and (iii) the murdered indi vidual was killed in the course of acting in his or her capacity as a physician, physician assistant , psychologist, nurse, or advanced practice regist ered nurse, or to prevent him or her from acting in that capacity, or in retaliation for his or her acting in that c apacity. ( c) the court shall sentence the defendant to a term of natural life imprisonment if the def endant, at the time of the commission of the murder, had attained the age of 18, and: (i) has previously been con victed of first degree murder under any state or federal law, or (ii) is found guilty of murdering more th an one victim, or (iii) is found guilty of murdering a peace officer, firem an, or emergency management worker when the peace officer, fire man, or emergency management worker was killed in the course of performing his official dut ies, or to prevent the peace officer or fireman from performing his of ficial duties, or in retaliation for the peace officer, firema n, or emergency management worker from performing his official duties, and the defendant knew o r should have known that the murdered individual was a peace officer, fireman, or emergency management worker, or (iv) is found guilty of murd ering an employee of an institution or facility of the Depar tment of Corrections, or any similar local correctional agency, when the employee was killed in the course of performing his official duties, or to prevent the employee from performing his official duties, or in retaliati on for the employee performing his official duties, or

(v) is found guilty of murdering an em ergency medical technician - ambulance , emergency medical technician - intermediate, emergenc y medical technician - paramedic, ambulance driver, or other medical a ssistance or first aid person while employed b y a municipality or other governmental unit when t he person was killed in the course of perform ing official duties or to prevent the person from performing official duties or in retaliation for performing official duties and the defendant knew or should have known that the murdered individual was an emergency medical technician - ambulance, emergency medical technician - intermediat e, emergency medical technician - paramedic, ambulance dri ver, or other medical assistant or first aid person nel, or (vi) (blank), or (vii) is found guilty of fir st degree murder and the murder was committed by r eason of any person's activity as a community poli cing volunteer or to prevent any person from enga ging in activity as a community policing volunteer. For the purp ose of this Section, "community policing volunteer" has the meaning ascribed to it in Section 2-3.5 o f the Criminal Code of 2012. For pu rposes of clause (v), "emergency medical tech nician - ambulance", "emergency medical tec hnician - intermediate", and "emergency medical technician - pa ramedic", have the m eanings ascribed to them in the Emergency Medical S ervices (EMS) Systems Act. (d)(i) if the person c ommitted the offense while armed with a firearm, 15 years shall be added to the term of imprisonmen t imposed by the court; (ii) if, during the commission of the offense, the person personal ly discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court; (iii) if, during the commission o f the offense, the person personally disch arged a firearm that proximately caused great bod ily harm, permanent disability, permanent disfigure ment, or death to another person, 25 years or up to a term of natural life shall be added to t he term of imprisonment imposed by the court. (2) (blank); (2.5) for a person who has attained the age of 18 years at the time of the co mmission of the offense and who is convicted under the circumstances describe d in subdivision (b)(1)(B) of Section 11-1.20 or paragraph (3) of subsect ion (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 or paragraph (2) of subsection (d) of Section 12-14, s ubdivision (b)(1.2) of Section 11-1.40 or p aragraph (1.2) of subsection (b) of Section 12-14.1, subdivision (b)(2 ) of Section 11-1.40 or paragraph (2) of subsection (b) o f Section 12-14.1 of the Criminal Code of 1961 or the Criminal Code of 2012, the sentence shall be a term of natural life imprisonment. (b) (Blank). (c) (Blank).

(d) Subject to earlier termin ation under Section 3-3-8, the parol e or mandatory supervised release term shall be w ritten as part of the sentencing order and shall be as follows: ( 1) for first degree murder or for the offenses of p redatory criminal sexual assault of a child, agg ravated criminal sexual assault, and criminal sexual assault i f committed on or before December 12, 2005, 3 years; (1.5) except as provided in paragraph (7) of this subsection (d), for a Class X fe lony except for the offenses of predatory criminal sexual ass ault of a child, aggravated criminal sexual assault, and cri minal sexual assault if committed on or after December 13, 2005 (the e ffective date of Public Act 94-715) and except for the offense of aggravated child pornography under Section 11- 20.1B, 11-20.3, or 11-20.1 with sentencing under sub section (c-5) of Section 11-20.1 of the Crimina l Code of 1961 or the Criminal Code of 2012, if commi tted on or after January 1, 200 9, and except for the offense o f obscene depiction of a purported child with sentencing under subse ction (d) of Section 11-20.4 of the Criminal Code o f 2012, 18 months; ( 2) except as provided in paragraph (7) of this subsection (d), for a Class 1 felony or a Class 2 felony except for the offense of criminal sexual assaul t if committed on or after December 13, 2005 (the effect ive date of Public Act 94-715) and except for the offenses of manufacture and dissemination of child pornography under clauses (a) (1) and (a)(2) of Section 11-20.1 of the Crimi nal Code of 1961 or the Criminal Code of 2012, if committe d on or after January 1, 2009, and except for the offens e of obscene depiction of a purported child under paragr aph (2) of subsection (b) of Section 11-20.4 of the Crim inal Code of 2012, 12 months; (3) except as provided in paragraph (4), (6), or (7) of thi s subsection (d), for a Class 3 felony or a Class 4 felony, 6 months; no later than 45 days after the onset of the term of man datory supervised release, the Prisoner Review Board shall conduct a discretionary discharge review pursuant to the provisions of Section 3-3-8, which shall i nclude the results of a standardized risk and needs ass essment tool administered by the Department of Correct ions; the changes to this paragraph (3) made by Public Act 102-1104 this amendatory Act of the 102nd General Assembly apply to all individuals released on mandatory supervised rel ease on or after December 6, 2022 (the effective date of Public Act 102-1104) this amendatory Act of the 102nd Gen eral Assembly, including those individuals wh ose sentences were imposed prior to December 6, 2022 (the effective date of Public Act 102-1104) this amendatory Act of the 102 nd General Assembly; (4) for defendants who commit the offense of pre datory criminal sexual assault of a child, aggravated crimi nal sexual assault, or criminal sexual assault, on or a fter December 13, 2005 (the effective date of Public Act 94-715), or who commit the offense of aggravated child porno graphy under Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing under subsection (c-5) of Section 11-20.1 of the Criminal Code of 1961 or th e Criminal Code of 2012, manufacture of child pornography, or dissemination of ch ild pornography after January 1, 2009, or who commit the offense of obscene depiction of a purported child under paragraph (2) of subs ection (b) of Section 11-20.4 of the Criminal Code of 2012 or who commit the offense of ob scene depiction of a purported child with sentencing under subsection (d) of Section 11-20.4 of the Criminal Code of 2012, the t erm of mandatory supervised release shall range from a minimum of 3 ye ars to a maximum of the natural life of the defendant; (5) if the victim is under 18 years of ag e, for a second or subsequent offense of aggravated criminal sexual abuse or felony criminal sexual abuse, 4 years, a t least the first 2 years of which the defendant shall s erve in an electronic monitoring or home detention p rogram under Article 8A of Chapter V of this Code; (6) for a felony domestic battery, aggravated dom estic battery, stalking, aggravated stalking, and a felony violation o f an order of protection, 4 years;

(7) for any felony described in paragraph (a)(2)(ii), (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section 3-6-3 of the Unified Code of Corrections req uiring an inmate to serve a minimum of 85% of their court-imposed sentence, except for the offenses of pre datory criminal sexual assault of a child, aggravated criminal s exual assault, and criminal sexual assault if committed on or after December 13, 2005 (the effective date of Public Ac t 94-715) and except for the offense of a ggravated child pornography under Section 11-20.1B , 11-20.3, or 11-20.1 with sentencing under sub section (c-5) of Section 11-20.1 of the Crimi nal Code of 1961 or the Criminal Code of 2012, if committed on or after January 1, 2009, and except for the offen se of obscene depiction of a purported child with sentencing under subsection (d) of Section 11-20.4 of the Criminal Code of 2012, and except as provided in paragraph (4) or p aragraph (6) of this subsection (d), the term of mandatory supervised releas e shall be as follows: (A) Class X felony, 3 years; (B) Class 1 or Class 2 felonies, 2 ye ars; (C) Class 3 or Class 4 felonies, 1 year. (e) (Blank). (f) (Blank). (g) Notwithstand ing any other provisions of this Act and of Public Act 101-652: (i) the provisions of paragraph (3) of s ubsection (d) are effective on July 1, 2022 and shall appl y to all individuals convicted on or after the effective date of paragraph (3) of subsection (d); and (ii) the provisions of paragraphs (1.5) and (2) of subsection (d) are effective on July 1, 2021 and sha ll apply to all individuals convicted on or after the effec tive date of paragraphs (1.5) and (2) of subsection (d).(Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694 , eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff. 1-1-24; 103-825, eff. 1-1-25; revised 10-24-24.) Section 1090. The Probation and Probat ion Officers Act is amended by changing Section 16.1 as follows: (730 ILCS 110/16.1) Sec. 16.1. Redeploy Illinois Program.

(a) The purpose of this Section is to encourage the de institutionalization of juvenile offenders by establishing p rojects in counties or groups of counties that reallocate St ate funds from juvenile correctional confinement to local jurisd ictions, which will establish a continuum of local, comm unity-based sanctions an d treatment alternatives for juvenile offenders who would be incarcerated if those local service s and sanctions did not exist. It is also intended to offer alternatives, when appropriate, to avoid commitment to the Department of Juvenile Justice, to direct child welfare services for minors charged with a criminal offense or adjudicated delinquent under Section 5 of the Children and Family Services Act. The allotment of funds will be based on a formula that rewards local ju risdictions for the establishment or expansion of local alternatives to incarceration, and requires them to pay for utilization of incarceration as a sanction. In addition, there shall be an allocation of r esources (amount to be determined annually by the Redeploy Illinois Oversight Board) set aside at the b eginning of each fiscal year to be made available fo r any county or groups of counties which need resources only occasionally for services to avoid commitment to the Depart ment of Juvenile Justice for a limited number of youth. This redeployment of funds shall be made in a manner consisten t with the Juvenile Court Act of 1987 and the following purpose s and policies: (1) The juvenile justice system should protect the community, impose accountability to victims and communities for violations of l aw, and equip juvenile offenders with competencies to live r esponsibly and productively. (2) Juveniles should be treated in the least rest rictive manner possible while maintaining the safety of the com munity. (3) A continuum of services and sanctions from least restrictive to most res trictive should be available in every community. (4) There should be local res ponsibility and authority for planning, organizing, and coor dinating service resources in the community. People in the co mmunity can best choose a range of services which reflect com munity values and meet the needs of their own youth. (5) Juveniles who pose a threat to the community or themselves need special care, including secure settings. Such services as detention, long-term incarcera tion, or residential treatment are too costly to provide in each commun ity and should be coordinated and provided on a regional or Statewide basis. (6) The roles of State and local government in creating and maintaining services to youth in the j uvenile justice system should be clearly def ined. The role of the State is to fund services, se t standards of care, train service providers, and monitor the integration and coordination of services. T he role of local government should be to oversee the provis ion of services. (b) Each county or c ircuit participating in the Redeploy Illinois p rogram must create a local plan demonstrating how it will red uce the county or circuit's utilization of secure c onfinement of juvenile offenders in the Illinois Departm ent of Juvenile Justice or county detention centers by t he creation or expansion of individualized services or programs that may in clude but are not limited to the following: (1) Assessment and evaluation servic es to provide the juvenile justice system with accurate indivi dualized case information on each juvenile offender, including mental health, substance abu se, educational, and family information; (2) Direct services to individual ju venile offenders, including educational, vocational, mental health, substance abuse, supervision, and service coordination; and (3) Programs that seek to restore the off ender to the community, such as victim offender panels, teen courts, competency building, enhanced accountability measure s, restitution, and community service. The local plan mus t be directed in such a manner as to emphasize an individualize d approach to providing services to juvenile offenders in an integrated community based system including probation as t he broker of services. The plan must also detail the re duction in utilization of secure confinement. The local plan shall be limited to services and shall not include costs for: (i) capital expenditures; (ii) renovations or remodeling; (iii) personnel costs for probatio n. The local plan shall be subm itted to the Department of Human Services.

(c) A county or group of counties may develop an agreement with the Department of Human Services to reduce th eir number of commitments of juvenile offenders, excludi ng minors sentenced based upon a f inding of guilt of first degree murder or an offense which i s a Class X forcible felony as defined in the Criminal C ode of 2012, to the Department of Juvenile Justice, and then use the savings to develop local programming for yout h who would otherwise have been committed to the Department of Juvenile Justice. A county or group of c ounties shall agree to limit their commitments to 75% of the level of commitments from the average number of juvenile commitments for the past 3 years, and will r eceive the savings to redeploy for local programming for juveniles who would otherwise be held in confinement. For any county or group of counties with a decrease of juvenile commitments of at least 25%, based on the average reductions of the prior 3 years, w hich are chosen to participate or continue as sites, the Redeploy I llinois Oversight Board has the authority to reduce the required percentage of future comm itments to achieve the purpose of this Section. The agreeme nt shall set forth the following: (1) a statement Statement of the number and type of juvenile offen ders from the county who were held in secure confinement by the Illinois Department of Juvenile Justice or in county det ention the previous year, and an explanation of which, and how many, of these offenders might be served through the prop osed Redeploy Illinois Program for which the funds shall be us ed; (2) a statemen t Statement of the servic e needs of currently confined juveniles; (3) a statement Statement of the type of services and programs to provide for the individual needs of the juvenile offenders, an d the research or evidence base that qualifies those services and programs as proven or promising practices; (4) a budget indicating the c osts of each service or program to be funded under the plan ; (5) a summary of contracts and service agreements i ndicating the treatment goals and number of juvenile offenders to be served by each service provider; and (6) a state ment Statement indicatin g that the Redeploy Illinois Program will not dup licate existing services and programs. Funds for this p lan shall not supplant existing county funded programs.

In a county with a population exceeding 2,000,000, t he Redeploy Illinois Oversight Board may authorize the Department of Human Services to enter into an agreement with that county to reduce the number of commitme nts by the same percentage as is required by this Section of other counties, and with all of the same re quirements of this Act, including reporting and eval uation, except that the agreement may encompass a clearly i dentifiable geographical subdivision of that county . The geographical subdivision may include, but is not limited to, a police district or group of police distri cts, a geographical area making up a court calendar or group of co urt calendars, a municipal district or group of municipa l districts, or a municipality or group of municipalit ies. (d) (Blank). (d-5) A county or gr oup of counties that does not have an approved Redeploy Illinois program, as described in subsection (b), and that has committed fewer than 10 Redeploy eligible yo uth to the Department of Juvenile Justice on average over the previous 3 years, may develop an indivi dualized agreement with the Department of Human Service s through the Redeploy Illinois program to provide services to youth to avoid commitment to the Department of Juvenile Justic e. The agreement shall set forth the following: (1) a statement of the number and type of juvenile offenders from the county who were at risk under a ny of the categories listed above during the 3 previous years, and an explanation of which of these offenders would be s erved through the proposed Redeploy Illinois program for which the funds shall be used, or through individualized contracts with existing Redeploy programs in neighboring counties;

(2) a statement of the servi ce needs; (3) a statement of the type of services and pro grams to provide for the individual needs of the juvenile offend ers, and the research or evidence that qualifies those services and programs as proven or promising practices; (4) a budget indicating the costs of each service or program to be funded under the plan; (5) a summary of contracts and se rvice agreements indicating the treatment goals and num ber of juvenile offenders to be served by each service provider; and (6) a statement indi cating that the Redeploy Illinois program will not duplic ate existing services and programs. Funds for this plan shal l not supplant existing county funded programs. (e) The Department of Human Services shall be res ponsible for the following: (1) Reviewing each Redeploy Illinois Program plan for compliance with standards established for such plans. A plan may be approved as submit ted, approved with modifications, or rejected. No plan shall be considere d for approval if the circuit or county is not in full comp liance with all regulations, standards, and guidelines pertaining to the delivery of bas ic probation services as established by the Supreme Court. (2) Monitoring on a continual basis and evaluating annua lly both the program and its fiscal activities in all counties rec eiving an allocation under the Redeploy Illinois Program . Any program or service that has not met the goals an d objectives of its contract or service agreement shall be subject to denial for f unding in subsequent years. The Department of Human Services shall evaluate the effectiveness of the Redeploy Illinois Program in each circuit or county. In determining the f uture funding for the Redeploy Illin ois Program under this Act, the evaluation shall include, as a primary indicator of success, a decreased nu mber of confinement days for the county's juvenile offenders . (f) Any Redeploy Illinois Program a llocations not applied for and approved by the De partment of Human Services shall be available for redist ribution to approved plans for the remainder of that fiscal year. Any county that invests local moneys in the Redeploy Illinois Pro gram shall be given first consideration for any redistribu tion of allocations. Jurisdictions participating in Redeploy Il linois that exceed their agreed upon level of commitments to the Department of Juvenile Justice shall reimburse the Department of Corrections for each commitment above the agreed upon level. (g) Implementati on of Redeploy Illinois. (1) Oversight of Redeploy Illinois.

(i) Redeploy Illinois Oversight Board. The Department of Human Services sh all convene an oversight board to oversee the Redeploy Illinois Program. The Board shall include, but not be limited to, designees from the Department of Juvenile Justice, the Administrative Office of the Illinois Courts, the Illinois Juvenile Justice Commissi on, the Illinois Criminal Justice Information Authority, t he Department of Children and Family Services, the State Board of Education, the Cook County State's Attorney, and a State's Attorney selected by the President of the Illinois St ate's Attorney's Association, the Cook County Public Defender , a representative of the defense bar appointed by th e Chief Justice of the Illinois Supreme Court, a representati ve of probation appointed by the Chief Justice of the Illino is Supreme Court, and judicial representation appointed by the Chief Justice of the Illinois Supreme Court. Up to an additional 9 m embers may be appointed by the Secretary of Human Services from recomme ndations by the Oversight Board; these appointees shall possess a knowle dge of juvenile justice issues and reflect the collabor ative public/private relationship of Redeploy programs. (ii) Responsibilities of the Redeploy Illinois Ove rsight Board. The Oversight Board shall: (A) Identify jurisdictions to be include d in the program of Redeploy Illinois. (B) Develop a formu la for reimbursement of local jurisdictions for loca l and community-based services utilized in li eu of commitment to the Department of Juvenile Jus tice, as well as for any charges for local jurisdi ctions for commitments above the agreed upon lim it in the approved plan. (C) Identify resources sufficien t to support the administration and evaluation of Redep loy Illinois. (D) Develop a process and identify resources to support on-going monitoring and evaluation of Redeploy Illinois. (E) Develop a process and id entify resources to support training on Redeploy Illi nois. ( E-5) Review proposed individualize d agreements and approve where appropriate the distribution of resources. (F) Report to the Governor and the General Assembly on an annual basis on the progress of Redeploy Illinois. (iii) Length of Planning Phase. The planning pha se may last up to, but may in no event last longer than, July 1, 2004. (2) (Blank). (3) There shall be created the Redeploy County Review Committee composed of the designees of the Secretary of Human Services and the Directors of Juvenile Justice, of Children and Family S ervices, and of the Governor's Office of Manag ement and Budget who shall constitute a subcommittee of the Redeploy Illinois Oversight Board. (h) Responsibilities of the County Review Committee. The County Review Committee sh all: (1) Review individualiz ed agreements from counties requesting resources on an occasional basis for services for youth described in subsection (d-5). (2) Report its decisions to the Redeploy Illinois Oversight Board a t regularly scheduled meetings.

(3) Monitor the effectiveness of the reso urces in meeting the mandates of the Redeploy Il linois program set forth in this Section so these results might be included in the Report described in clause (g)(1)( ii)(F). ( 4) During the third quarter, assess the amount of remaining funds available and necessary to complete the fis cal year so that any unused funds may be distributed as defined in subsection (f). (5) Ensure that the number of youth from any applicant county receiving individualized resources will not exceed the previous 3-year three-year average of Redeploy eligible recipients and that counties are in conformity with all other elements of this law. (i) Implementation of this S ection is subject to appropriation. (j ) Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adop ted in accordance with all provisions of and procedures and rules implementing the Illinois Administrative Procedure Act; any purporte d rule not so adopted, for whatever reason, is unauthorize d. (Source: P.A. 97-1150, eff. 1-25-13; 98-60, eff. 1-1-14; revised 7-22-24.) Section 1095. The Veterans and Serv icemembers Court Treatment Act is amended by changing Se ction 40 as follows: (730 ILCS 167/40

) Sec. 40. Educatio n for judges. A judge assigned to preside over a veteran and servicemembers court shall h ave experience, training, and continuing educatio n in topics including, but not lim ited to: (1) criminal l aw; (2) behavioral health ; (3) confidentia lity confidently; (4) ethics; (5) evidence-based pract ices; (6) substance use disorders;

(7) mental illness; (8) co-occurring disorders; and (9 ) presiding over various types of problem-solving courts.(Source: P.A. 102-1041, eff. 6-2-22; revised 7-22-24.) Section 1100. The Mental Health Court Treatment Act is amended by changing Section 41 as follows:

(730 ILCS 168/41) Sec. 41. Education seminars for judges. A judge assigned to preside over a me ntal health court shall have experience, training, and continuing education in topics including, but not limited to: (1) cri minal law; (2) behavioral health; (3) confidentiality confidently; (4) ethics;

(5) evidence-based practices; (6) substance u se disorders; (7) mental illness; (8) co-occurring disorders; and (9) presiding over v arious types of problem-solving courts.(Source: P.A. 102-1041, eff. 6-2-22; revised 7-22-24.) Section 1105. The Higher Education in Prison Act is amended by changing Section 5 as follows: (730 ILCS 225/5) Sec. 5. Higher education in prison programs. (a) In this Section, "hi gher education" means post-secondary academic education at the undergraduate or graduate level in a commun ity college or university setting.

(b) On or before September 1 of the year following the effective date of this Act and each subsequent September 1, the Department of Corrections shall release a report, to be published on the Department of Corrections's Internet website, detailing the follo wing information pertaining to higher education within Departmen t institutions and fac ilities: (1) the number of unique individuals involved in adult basic education, high school equivalency, and credit and non-credit bearing higher education programs over the course of the fiscal year; (2) the racial, ethnic, age, and gender breakdown of committed persons participating in higher education programs;

(3) the length of sentence and length of remaining sentence of persons enrolled in higher education programs; (4) t he number of committed persons who are on wait ing lists for participation in all educational programs, includi ng adult basic education, high school equivalency, and higher education, and th e average length of time spent on each waiting list, in cluding a breakdown by length of remaining sentence; (5) the total amount of earned p rogram sentence credit awarded to committed persons for partici pating in higher education programs and the percentage of committed persons participating in higher education programs that are awarded earned program sentence credit; ( 6) the number, category, and ultimate resolution of griev ances related to higher education programs; (7) a financial statement that includ es annual and monthly expenditures of Department of Correct ions institutions and facilities on adult basic educ ation, high school equivalency, and hig her education programs; and

(8) an explanation of how participation in adult basic education, high school equi valency, and higher education programs is factored into a com mitted persons' risk assessment score. Personal, identifiable information shall b e redacted to protect privacy. The report must be filed with the Governor and General Assembly. (c) The data provided in the rep ort under subsection (b) shall include an aggregate chart at the Department level and individual reports by each corre ctional institution or facility of the Department of Correc tions. (d) To facilitate the coll ection of information on higher education in prison (HEP) programs, e ach 4-year public or private institution of higher ed ucation with HEP degree or certificate programs shall provide the Board of Hig her Education with student-level information as par t of its regular agency data-collection proc esses. Each public community college with HEP degree or cer tificate programs shall provide the Illinois Community College Board with student-level information as part of its regular agency data-collection processes. Upon request, the student-l evel information shall include the correctional faci lity in which the HEP program is being offered. The information provided to the Board of Higher Educatio n and the Illinois Community Colleg e Board shall include HEP enrollment and completion dat a disaggregated by variables, including, but not limited to, race, ethnicity, gender, age, and type of degree or certificate. Th e Board of Higher Education and the Illinois Community College Board shall annually make HEP program data publicly av ailable on their Internet websites. (Source : P.A. 103-541, eff. 1-1-24; revised 7-2 2-24.) Section 1110. The Code of Civil Procedure is amended by renumbering and changing Section 804 .5 and by changing Section 15-1603 as follows: (735 ILCS 5/8-804.5) Sec. 8-804. 5 804.5. Parties to a restorative justice practice. (a) This Section is intended to encourage the use of restorative justice practices by provid ing a privilege for participation in such practices and ensuring that anything said or done during the practice, or in anticipatio n of or as a follow-up to the practice, is privileged and may not be used in any future proceeding unless the privi lege is waived by the informed consent of the party or parties covered by the privilege. The General Assembly affords this privilege in recognition of restorative justice as a powerful tool in addressing the needs of victims, offenders, and the larger commun ity in the process of repairing the fabric of community peace. The General Assembly encourages residents of this State to employ restorati ve justice practices, not only in justiciable matters, but in all aspects of life and law. (b) As used in this Section: "Circle" means a versatile restorativ e practice that can be used proactively, to develop relationships and build community, or reactively, to respond to wrongdoing, conf licts, and problems. "Confe rence" means a structured meeting between offenders, victims, and both parties' family and friends, in which the y deal with the consequences of a crime or wrongdoing and d ecide how best to repair the harm. "Facilitato r" means a person who is trained to facilitate a restorative justice p ractice. "Party" means a person, including a facilitator, an individual who has caused harm, an in dividual who has been harmed, a community member, and any other participant, who voluntarily consents to participat e with others who have agreed to participate in a restorati ve justice practice. "Proceeding" means any legal action subject to this Code, including, but not limited t o, civil, criminal, juvenile, or administrative heari ngs. "Restorative justice practice" or "practice" means a gathering, such as a conference or circle, in w hich parties who have caused harm or who have been harmed and community stakeholders collectively gather to ident ify and repair harm to the extent possible, address trauma, red uce the likelihood of further ha rm, and strengthen community ties by focusing on the needs and obligations of all parties involved through a participato ry process. (c) Anything said or done during or in preparation for a restorative justice pra ctice or as a follow-up to that practice, or the fac t that the practice has been planned or convened, is privileged and cannot be referred to, used, or ad mitted in any civil, criminal, juvenile, or administrative proceeding unless the privilege is waived, during the proce eding or in writing, by the party or parties protected by the privilege. Privileged information is not subject to discovery or discl osure in any judicial or extrajudicial proceedings. Any waiver of privilege is limited to the partic ipation and communication of the waiving pa rty only, and the participation or communications of any other participant remain privileged unless waived by the other participant. (d) Evidence that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because it wa s discussed or used in a restorative justice practice. (e) The legitimacy of a restorative justice pract ice, if challenged in any civil, juvenile , criminal, or administrative proceeding, shall be determ ined by a judge. In a hearing conducted pursuant to this subs ection, the judge may consider information that would otherw ise be privileged to the extent that the information is prob ative of the issue. (f) The privilege affor ded by this Section does not apply if: (1) disclosure is necessary to prevent deat h, great bodily harm, or the commission of a crime; (2) necessary to comply wi th another law; or (3) a court, tribunal, or administ rative body requires a report on a restorative justic e practice, but such report shall be limited to the fact that a practice has taken place, an opinion regarding the success of the prac tice, and whether further restorative justice practices are expected. (g) This Secti on applies to all restorative justice practices that ar e convened on or after July 15, 2021 (the effective date of 102-100) this amendatory Act of the 102nd General As sembly. (Source: P.A. 102-100, eff. 7-15-21; revised 7-23-24. ) (735

ILCS 5/15-1603) (from Ch. 110, par. 15-1603) Sec. 15-1603. Redemption. (a) Owner of Redemption. Except as provided in subsection (b) of Section 15-1402, only an owner of redemption may redeem from the foreclos ure, and such owner of redemption may redeem only during the redemption period specified in subsection (b) of this Section 15-1603 and only if th e right of redemption has not been validly waived. (b) Redemption Period. (1) In the foreclosure of a mortgage of real estate which is residential real es tate at the time the foreclosure is commenced, the redemption period shall end on the later of (i) the date 7 months from the date the mortgagor or, if more than one, all the mortgagors (A) have been served with summons o r by publication or (B) have otherwise submitted to the jurisdiction of the court, or (ii) the date 3 months from the date of entry of a jud gment of foreclosure. (2) In all other foreclosures, the redemption period shall end on the la ter of (i) the date 6 months from the date the mortgagor or, if more than one, all the mortgagors (A) have been served with summons or by publication or (B ) have otherwise submitted to the jurisdiction of the court, or (ii) the date 3 months from the date of entry of a judgment of fore closure. (3) Notwithstandi ng paragraphs (1) and (2), the redemption period shall end at the later of the expiration of any reinstatement period provided for i n Section 15-1602 or the date 60 days after the date the judgment of foreclosure is entered, if the court finds that (i) the value of the mortgaged real e state as of the date of the judgment is less than 90% of t he amount specified pursuant to subsection (d) of this Section 15-1603 and (ii) the mo rtgagee waives any and all rights to a personal judgmen t for a deficiency against the mortgagor and against all ot her persons liable for the indebtedness or other oblig ations secured by the mortgage.

(4) Notwithstanding paragraphs (1) and (2), th e redemption period shall end on the date 30 days after t he date the judgment of foreclosure is entered if the court finds that the mortgaged real estate has been abandoned. In cases where the redemption peri od is shortened on account of abandonment, the reinstateme nt period shall not extend beyond the redemption period as shortened. (c) Extension of Redemption Period. (1) Once expired, the right of redemption provided for in this Section Sections 15-1603 or Section 15-1604 shall not be revived. The period within which the right of redemption provided for in this Section Sections 15-1603 or Section 15-1604 may be e xercised runs independently of any action by any person to enforce the judgment of foreclosure or effect a sale pu rsuant thereto. Neither the initiation of any legal proceeding nor the order of any court staying the enforcement of a judgment of foreclosure or the sale pursuant to a jud gment or the confirmation of the sale, shall have the effe ct of tolling the running of the redemption period. (2) If a court has the aut hority to stay, and does stay, the running of the red emption period, or if the redemption period is extended by any statute of the United States, the redemption period shall be ext ended until the expiration of the same number of days after the ex piration of the stay order as the number of days remaining in the redemption period at the time the stay order became effective, or, if later, until the expiration of 30 days after the stay orde r terminates. If the stay order terminates more than 30 days prior to the expiration of the redemption period, the redemption period shall not be extended. (d) Amount Required to Redeem. The amount required to redeem shall be the sum of: (1) The amount specified in the judgment of foreclosure, which shall consist of (i) all principal and accrued interest secured by the mortgage and due as of the date of the judg ment, (ii) all costs allowed by law, (iii) costs and expen ses approved by the court, (iv) to the extent provided for in the mortgage and approved by the court, additiona l costs, expenses, and reasonable attorney's attorneys' fees incurred by the mortgagee, (v) all amounts pai d pursuant to Section 15-1505, an d (vi) per diem interest from the date of judgment to the d ate of redemption calculated at the mortgage rate of inte rest applicable as if no default had occurred; and (2) The amount of othe r expenses authorized by the court which the mortga gee reasonably incurs between the date of judgment and t he date of redemption, which shall be the amount certified by the mortgagee in accorda nce with subsection (e) of this Sec tion 15-1603. (e) Notice of Intent to Redeem. An owner of redemption who intends to redeem shall give written notice of such intent to redeem to the mortgagee's attorney of record specifying the date d esignated for redemption and the current address of the own er of redemption for purposes of receiving notice. Suc h owner of redemption shall file with the clerk of the c ourt a certification of the giving of such notice. The notice of intent to red eem must be received by the mortgagee's attorney at least 15 days (other than Saturday, Sunda y, or court holiday) prior to the date designated for redemption. The mortgagee shall thereupon file with the clerk of t he court and shall give written notice to the owner of redemption at least three days (other than Saturday, Sunday, or court holiday) before the date designated for rede mption a certification, accompanied by copies of paid re ceipts or appropriate affidavits, of any expenses authori zed in paragraph (2) of subsection (d) of this Section 15-1603. If the mortgagee fails to serve such certification wit hin the time specified herein, then the owner of redemption intending to redeem may redeem on the date designated for red emption in the notice of intent to redeem, and the mortgagee shall not be entitled to payment of any expenses authorized i n paragraph (2) of subsection (d) of this Section 15-1603. (f) Procedure for Redemption. (1) An own er of redemption may redeem the real estate from the foreclosu re by paying the amount specified in subsection (d) of this Section 15-1603 to the mortgagee or the mortgage e's attorney of record on or before the date designated for red emption pursuant to subsection (e) of this Section 15-1603. (2) If the mortgage e refuses to accept payment or if the owner of redemption r edeeming from the foreclosure objects to the reasonabl eness of the additional expenses authorized in paragraph (2 ) of subsection (d) of this Section 15-1603 and certified in ac cordance with subsection (e) of this Sectio n 15-1603, the owner of redemption shall pay the certifie d amount to the clerk of the court on or before the date desig nated for redemption, together with a written statement specif ying the expenses to which objection is made. In such case the clerk sh all pay to the mortgagee the amount tendered minus the a mount to which the objection pertains. (3) Upon payment to the clerk, whether or not the owner of redemption files an objection at the time of payment, the clerk shall give a receipt of payment to the person redeeming from the foreclosure, and shall file a copy of that receipt in the foreclosure record. Upon receipt of the amounts specified to be paid to the mortgagee pursuant to this Section, the mortgagee sh all promptly furnish the mortgagor with a release of the mo rtgage or satisfaction of the judgment, as appropriate, and the evidence of all indebtedness secured by the mort gage shall be cancelled. (g) Procedure Upon Objection. If an objection is filed by an owner of redemption in a ccordance with paragraph (2) of subsection (f) of this Sect ion 15-1603, the clerk shall hold the amount to whic h the objection pertains until the court orders distributio n of those funds. The court shall hold a hearing promptly to determine the distribution of any funds held by the cl erk pursuant to such objection. Each party shall pay its o wn costs and expenses in connection with any objection, includi ng attorney's attorneys' fees, subject to Section 2-611 of the Code of Civil Procedure. (h) Failure to Redeem. Unless the real esta te being foreclosed is redeemed from the foreclosure, it shall be sold as provided in this Article.(Source: P.A. 86-974; revised 10-1 6-24.) Section 1115. The E minent Domain Act is amended by setting forth, renumbering, and changing multiple versions of Section 25-5-130 as follows: (735 ILCS 30/25-5-130

) ( Section scheduled to be repealed on July 19, 2027) Sec. 25-5-130. Quick-take; City of Elmhurst; North York R oad. (a) Quick-take proceedings under Article 20 may be used for a period of 2 years after July 19, 2024 (the effective date of Public Act 103-698) this ame ndatory Act of the 103rd General Assembly by the City of Elmhurst for the acquisition of the followin g described property for the purpose of roa d construction:Route: North York RoadSection: 17-00188-00-SWJob No.: C-91-186-20Cou nty: DuPageParcel: 0002Owner: NXE Properties, LLCPin No.: 03-35-406-048That part of Lot 1 in County Clerk's Assessment Division of Lots 1 and 2 of North Elmhurst Third Addition to the V illage of Elmhurst, being a subdivision in the East Half of the Southeast Quarter of Sectio n 35, Township 40 North, Range 11 East of the Third Principal Meridian, accordi ng to the plat thereof recorded April 8, 1927 as document R233179, described as follows:Co mmencing at the northwest corner of said Lot 1; thence South 61 degrees 59 minutes 07 seconds East, (be arings based on Illinois State Plane Coordinates System, NAD83, East Zone), being t he northerly line of said Lot 1, a distance of 194.85 feet to the Point of Beginning;Thence continuing South 61 degrees 59 minutes 07 seconds East, along said northerly line, 53.14 feet to a point 10.00 feet west o f the northeast corner of said Lot 1; thence South 04 degrees 00 minutes 07 seconds East, along a line that commenc es at the southeast corner of said Lot 1 and ends a t a point 10.00 feet west o f the northeast corner of said Lot 1, said line herein after ref erred to as Line "A", a distance of 40.63 feet; thenc e South 85 degrees 59 minutes 53 seconds West, perpendicular to the last course, 5.00 feet to a point on a line 5.00 feet we st of and parallel with Line "A"; thence North 04 degr ees 00 minutes 07 seconds West, along said parallel line, 33. 40 feet; thence northwesterly 9.30 feet, along the arc of a non-tangent circle to the left, having a radius of 39.00 feet and whose chord be ars North 52 degrees 45 minutes 22 seconds West, 9.28 feet to a point of tangency; thence North 59 degrees 35 minutes 15 seconds West, 7.04 feet to a point on a line 7.00 feet south erly of the northerly line of said Lot 1; thence North 61 deg rees 59 minutes 07 seconds West, along said parallel line, 36.54 feet; thence North 28 degrees 00 minutes 5 3 seconds East, perpendicular to the last course, 7.00 feet to the Point of Beginning, situated in the County of DuPage and the State of Illinois.Said Parcel Con taining 565 square feet or 0.013 acres, more or less.Dated: February 6, 2024 Route: No rth York Road Section: 17-00188-00-SW Job No: C-91-186-20 County: DuPage Parcel: 0002TE Owner: NXE Properties, LLC Pin No.: 03-35-406-048 That part of Lot 1 in County Clerk's Assessment Division of Lots 1 and 2 of North Elmhurst Third Addition to the Village of Elmhurst, being a subdivision in the East Half of the Southeast Quarter of Sectio n 35, Township 40 North, Range 11 East of the Third Princip al Meridian, according to the plat thereof recorded April 8, 1 927 as document R233179, described as follows: Com mencing at the northwest corner of said Lot 1; thence South 6 1 degrees 59 minutes 07 seconds East, (bearings based on Ill inois State Plane Coordinates System, NAD83, East Zone), being the northerly line of said Lot 1, a distance of 194.85 feet; thence South 28 degrees 00 minutes 53 seconds West, per pendicular to the last course, 7.00 feet to a point on a line 7 .00 feet southerly of the northerly line of said Lot 1, said point also being the Point of Beginning; Thence South 61 degrees 59 minutes 07 seco nds East, along said parallel line, 36.54 feet; the nce South 59 degrees 35 minu tes 15 seconds East, 7.04 fe et to a point of curvature; thence south easterly 9.30 feet, along the arc of a tangent circle to the left, having a radius of 39.00 feet and whose chord b ears South 52 degrees 45 minutes 22 seconds East, 9.28 feet to a point on a line 5.00 feet west of and parallel with L ine "A"; Line "A" is defined as a line that commences at the southeast corner of said Lot 1 and ends at a point 10.00 fee t west of the northeast corner of said Lot 1; thence South 04 degrees 00 minutes 07 sec onds East, along said parallel line, 16.42 feet; thence South 8 5 degrees 59 minutes 53 seconds West, perpendicular to the last course, 5.00 feet to a point on a line 10.00 feet west of and parallel with Line "A"; thence North 04 degrees 00 mi nutes 07 seconds West, along said parallel line, 14.43 fee t; thence northwesterly 6.25 feet, along the arc of a non-tangent circle to the left, having a radius of 34.00 feet and whose chord bears North 54 degrees 19 minutes 23 second s West, 6.24 feet to a point of tangency; thence North 59 degre es 35 minutes 15 seconds West, 6.94 feet to a point on a line 12.00 feet southerly of the northerly line of said Lot 1; t hence North 61 degrees 59 minutes 07 seconds West, along said parallel line, 36.43 feet; thence North 28 degrees 00 minutes 53 seconds East, perpendicular to the last course, 5.00 feet to the Point of Beginning, situated in the County of DuPage a nd the State of Illinois. Said Parcel Containing 333 square feet or 0.008 acres, more or less. Dated : February 6, 2024 (b) This Section is r epealed July 19, 2027 (3 years after the eff ective date of Public Act 103-698) this amendatory Act of the 103rd General Assembly. (Source: P.A. 103-698, eff. 7-19-24; revised 10-3-24.) (735 ILCS 30/25-5-135) (Section scheduled to be repealed on August 9, 2027) Sec. 25-5-135 25-5- 130. Quick-take; City of Marengo; Interstate 90-Illinois Route 23 Corri dor. (a) Quick-take proceedings under Article 20 may be used for a period of 2 ye ars after August 9, 2024 (the effective da te of Public Act 103-892) this amendatory Act of the 103rd General Assembly by the City o f Marengo for the acquisition of the follow ing described property for the purpose of extending water and sanitary sewer services for the Interstate 90-Illinois Route 23 Corridor: 11-34-200 -020, 22116 W Grant Highway PART OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 44 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN A DEED RECORDED MARCH 5, 1999 AS DOCUMENT NUMBER 19 99R0017561 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE NORTH 0 DEGREES 20 MINUTES 55 SECONDS EAST (BEARINGS BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG THE EAST LINE OF SAID DEED, A DISTANCE OF 33.05 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A POINT ON THE NORTH ERLY LINE OF U.S. ROUTE 20 (WEST GRANT HIGHWAY) AS USED AND MONUMENTED; THENCE NORTH 86 DEGREES 29 MINUTES 24 SECONDS WEST ALONG SAID NORTHERLY LINE OF U.S. ROUTE 20 (WEST GRANT HIGHWAY) AS USED AND MONUMENTED, A DISTANCE OF 134.97 FEET TO THE POINT OF INTERSECTION WITH THE EASTERLY LINE OF RIVER RANCH ROAD AS USE D AND MONUMENTED; THENCE NORTH 0 DEGREES 20 MINUTES 2 0 SECONDS EAST ALONG SAID EASTERLY LINE, A DISTANC E OF 30.05 FEET; THENCE SOUTH 86 DEGREES 29 MINUTES 24 SECONDS EAST, A DISTANCE OF 134.98 FEET TO A POINT ON THE EAST LINE OF SAID DEED; THENCE SOUTH 0 DEGREES 20 MINUTES 55 SECONDS WEST ALONG S AID EAST LINE, A DISTANCE OF 30.05 FEET TO THE POINT OF B EGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 4,049 SQUARE FEET OR 0.093 ACRES, MORE OR LESS. BEING PART OF PARCEL 11-34-2 00-020. 11-34-426-003, 6105 Meyer RoadPART OF THE SOUTHEAST QUAR TER OF SECTION 34, TOWNSHIP 44 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE PARTICUL ARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTH EAST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 89 DEGREES 36 MINUTES 03 SECONDS WEST (BEARINGS BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 317.23 FE ET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 D EGREES 36 MINUTES 03 SECONDS WEST ALONG SAID SOUTH LINE, A DI STANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 11 MINUTES 55 SE CONDS EAST, A DISTANCE OF 2,353.46 FEET; THENCE SOUTH 86 DEGR EES 30 MINUTES 00 SECONDS EAST, A DISTANCE OF 30.05 FEET; THENC E SOUTH 0 DEGREES 11 MINUTES 55 SECONDS WEST, A DISTANCE OF 2 ,351.83 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLI NOIS, CONTAINING 70,579 SQUARE FEET OR 1.620 ACRES, MORE OR LESS. BEING PART OF PARCEL 11-34-426-003.

11-34-426-004, Meyer RoadPART OF THE SOUTHEAST QUARTER AND NORT HEAST QUARTER OF SECTION 34, TOWNSHIP 44 NORTH, RANGE 5 E AST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS , MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT TH E NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 89 DEGREES 38 MINUTES 54 SECONDS WEST (BEARINGS BASED ON ILLINOI S STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 321. 91 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES 11 MINUTES 55 SECONDS WEST, A DISTANCE OF 280.45 FEET; THENCE NORTH 86 DEGREES 30 MINUTES 00 SECONDS WEST, A DISTANCE O F 30.05 FEET; THENCE NORTH 0 DEGREES 11 MINUTES 55 SECONDS EAST, A DISTANCE OF 500.03 FEET; THENCE SOUTH 86 DEGREES 30 MINUTES 01 SECONDS EAST, A DISTANCE OF 30.05 FEET; THENCE SOU TH 0 DEGREES 11 MINUTES 55 SECONDS WEST, A DISTANCE OF 219 .58 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILL INOIS, CONTAINING 15,001 SQUARE FEET OR 0.344 ACRES, MORE OR LE SS. BEING PART OF PARCEL 11-34-426-004.

11-34-426-005, 22219 Route 20PART OF THE SOUTH HALF OF THE NORTH EAST QUARTER OF SECTION 34, TOWNSHIP 44 NORTH, RANGE 5 EA ST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLI NOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN A DEED RECORDED MARCH 5, 1999 A S DOCUMENT NUMBER 1999R0017561 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE SOUTH 0 DEGREES 20 MINUTES 20 SEC ONDS WEST (BEARINGS BASED ON ILLINOIS STATE PLANE COORDINA TES EAST ZONE 1983 DATUM) ALONG THE WEST LINE OF SAID DEED EXTENDED SOUTHERLY, A DISTANCE OF 33.05 FEET TO A POINT ON THE SOUTHERLY LINE OF U.S. ROUTE 20 (WEST GRANT HIGHWAY) AS USED AND MONUMENTED; THENCE SOUTH 86 DEGREES 29 MINUTES 24 SECONDS EAST ALONG SAID SOUTHERLY LINE OF U.S. ROUTE 20 (WEST GRANT HIGHWAY) AS USED AND MONUMENTED, A DISTANCE OF 101. 98 FEET TO THE POINT BEGINNING; THENCE CONTINUING SOUTH 86 DEGRE ES 29 MINUTES 24 SECONDS EAST ALONG SAID SOUTHERLY LINE O F U.S. ROUTE 20 (WEST GRANT HIGHWAY) AS USED AND MONUMENTED, A DISTANCE OF 30.05 FEET; THENCE SOUT H 0 DEGREES 11 MINUTES 55 SECONDS WEST, A DISTANCE OF 266.66 FEET; THENCE NORTH 86 DEGREE 30 MINUTES 01 SECONDS WEST, A DIS TANCE OF 30.05 FEET; THENCE NORTH 0 DEGREES 11 MINUTES 55 SECON DS EAST, A DISTANCE OF 266.67 FEET TO THE POINT OF BEGINN ING, IN MCHENRY COUNT Y, ILLINOIS, CONTAINING 8,000 SQUARE FEET OR 0.184 ACRE S, MORE OR LESS. BEING PART OF PARCEL 11-34-426-005. 11-35-100-031 , 21804 W Grant HighwayPART OF THE SOUTHEAST QUAR TER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 44 NORTH , RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHWEST CORNER OF A PARCEL OF LAND DESC RIBED IN A DEED RECORDED MAY 18, 2018 AS DOCUMENT NUMBER 2018 R0018036 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE NORTH 0 DEGREES 20 MINUTES 12 SECONDS WEST (BEARINGS BASED O N ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALON G THE WEST LINE OF SAID DEED, A DISTANCE OF 33.07 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 20 MINU TES 12 SECONDS WEST ALONG SAID WEST LINE, A DISTANCE OF 30.07 F EET; THENCE SOUTH 86 DEGREES 29 MINUTES 24 SECONDS EAST, A DIS TANCE OF 220.12 FEET TO A POINT ON THE EAST LINE OF SAID DEE D; THENCE SOUTH 0 DEGREES 20 MINUTES 23 SECONDS EAST ALONG SAI D EAST LINE, A DISTANCE OF 30.07 FEET TO A POINT ON THE NO RTHERLY LINE OF U.S. ROUTE 20 (WEST GRANT HIGHWAY) AS USED AND MONUMENTED; THENCE NORTH 86 DEGREES 29 MI NUTES 24 SECONDS WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 220. 12 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLI NOIS, CONTAINING 6,604 SQUARE FEET OR 0.152 ACRES, MORE OR LESS. BEING PART OF PARCEL 11-35-10 0-031. 11-35 -100-032, 21714 W Grant HighwayPART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SE CTION 35, TOWNSHIP 44 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBE D AS FOLLOWS:BEGINNING AT THE NORTHEAST CORNER O F A PARCEL OF LAND DESCRIBED IN A DEED RECORDED DECEMBER 23, 1993 AS DOCUMENT NUMBER 1993R0080441 IN THE RECORDERS OF FICE OF MCHENRY COUNTY; THENCE SOUTH 0 DEGREES 14 MINUTES 43 SECONDS EAST (BEARINGS BASED ON ILLINOIS STATE PLANE COOR DINATES EAST ZONE 1983 DATUM) ALONG THE EAST LINE OF SAID DEED, A DISTANCE OF 20.00 FEET; THENCE SOUTH 89 DEGREES 12 MINUTES 06 SECONDS WEST, A DISTANCE OF 200.18 FEET TO A POINT ON THE WEST LINE OF SAID DEED; THENCE NORTH 0 DEGREES 20 MINUTES 2 3 SECONDS WEST ALONG SAID WEST LINE, A DISTANCE OF 20.00 FE ET TO THE NORTHWEST CORNER OF SAID DEED; THENCE NORTH 89 DEGR EES 12 MINUTES 06 SECONDS EAST ALONG THE NORTHERLY LINE OF SA ID DEED, A DISTANCE OF 200.22 FEET TO THE POINT OF BEGINNIN G, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 4,004 SQUARE FEET OR 0.092 ACRES, MORE OR LESS. BEING PART OF PARCEL 11-35-100-032. andPART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 44 NO RTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MC HENRY COUNTY, ILLINOIS, MORE PARTICULARLY DESCR IBED AS FOLLOWS:COMMENCING AT THE SOUTHWE ST CORNER OF A PARCEL OF LAND DESCRIBED IN A DEED RECORDED DECEMBER 23, 1993 AS DOCUMENT NUMBER 1993R0080441 IN THE RECORD ERS OFFICE OF MCHENRY COUNTY; THENCE NORTH 0 DEGREES 20 MINU TES 23 SECONDS WEST (BEARINGS BASED ON ILLINOIS STATE PLA NE COORDINATES EAST ZONE 1983 DATUM) ALONG THE WEST LINE OF S AID DEED, A DISTANCE OF 33.07 FEET TO THE POINT OF BEGINNING ; THENCE CONTINUING NORTH 0 DEGREES 20 MINUTES 23 SECONDS WE ST ALONG SAID WEST LINE, A DISTANCE OF 30.07 FEET; THENCE SOUT H 86 DEGREES 29 MINUTES 24 SECONDS EAST, A DISTANCE OF 200 .02 FEET TO A POINT ON THE EAST LINE OF SAID DEED; THENCE S OUTH 0 DEGREES 14 MINUTES 43 SECONDS EAST ALONG SAID EAST LINE, A DISTANCE OF 30.07 FEET TO A POINT ON THE NORTHERLY LINE OF U.S. ROUTE 20 (WEST GRANT HIGHWAY) AS USED AND MONUMENTED; THE NCE NORTH 86 DEGREES 29 MINUTES 24 SECONDS WEST ALONG SAID NORTHERLY LIN E, A DISTANCE OF 199.97 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 6,000 SQUARE FEET OR 0.138 ACRES, MORE OR LESS, BEING PART OF PARCEL 11-35-100-032. 11-35-100-070, 21970 Grant HighwayPART OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECT ION 35, TOWNSHIP 44 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL ME RIDIAN, MCHENRY COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBE D AS FOLLOWS:COMMENCING AT THE SOUTHWEST COR NER OF A PARCEL OF LAND DESCRIBED IN A DEED RECORDED JUNE 25, 2021 AS DOCUMENT NUMBER 2021R0034676 IN THE RECORDERS OFF ICE OF MCHENRY COUNTY; THENCE NORTH 0 DEGREES 03 MINUTES 53 SECONDS EAST (BEARINGS BASED ON ILLINOIS STATE PLANE COORDINA TES EAST ZONE 1983 DATUM) ALONG THE WEST LINE OF SAID DEED, A D ISTANCE OF 33.06 FEET TO THE POINT OF BEGINNING; THENCE CONTINUI NG NORTH 0 DEGREES 03 MINUTES 53 SECONDS EAST ALONG SAID WEST L INE, A DISTANCE OF 30.05 FEET; THENCE SOUTH 86 DEGREES 29 MINUT ES 24 SECONDS EAST, A DISTANCE OF 222.32 FEET TO A POINT ON THE EAST LINE OF SAID DEED; THENCE SOUTH 0 DEGREES 01 MINUTE S 39 SECONDS EAST ALONG SAID EAST LINE, A DISTANCE OF 30.06 F EET TO A POINT ON THE NORTHERLY LINE OF U.S. ROUTE 20 (WEST GRANT HIGHWAY) AS USED AND MONUMENTED; THENCE NORTH 86 DEGREES 29 MINUTES 24 SECONDS WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 222.37 FEE T TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTA INING 6,671 SQUARE FEET OR 0.153 ACRES, MORE OR LESS. BEING PAR T OF PARCEL 11-35-100-070. 16-0 3-201-001, 6113 Meyer RoadPART OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 43 NORTH, RAN GE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINO IS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMEN CING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENC E NORTH 89 DEGREES 36 MINUTES 03 SECONDS WEST (BEARINGS BASE D ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATU M) ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANC E OF 302.62 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES 11 MINUTES 55 SECONDS WEST, A DISTANCE OF 1,384.77 FEE T; THENCE SOUTH 89 DEGREES 24 MINUTES 13 SECONDS WEST, A DIST ANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 11 MINUTES 55 SECO NDS EAST, A DISTANCE OF 1,199.96 FEET; THENCE NORTH 25 DEGRE ES 02 MINUTES 55 SECONDS EAST, A DISTANCE OF 44.80 FEET; TH ENCE NORTH 0 DEGREES 05 MINUTES 16 SECONDS EAST, A DISTANCE O F 10.49 FEET; THENCE NORTH 25 DEGREES 44 MINUTES 54 SECONDS W EST, A DISTANCE OF 42.98 FEET; THENCE NORTH 0 DEGREES 11 MI NUTES 55 SECONDS EAST, A DISTANCE OF 95.54 FEET TO A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 DEGREES 36 MINUTES 03 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 30.00 FEE T TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CO NTAINING 40,607 SQUARE FEET OR 0.932 ACRES, MORE OR LESS. BEIN G PART OF PARCEL 16-03-201-001. 16-03-251-002, Meyer Road PART OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHI P 43 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, M CHENRY COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FO LLOWS:COMMENCING AT THE SOUTHEAST CORNER OF S AID NORTHEAST QUARTER; THENCE SOUTH 89 DEGREES 22 MINUTES 17 SECONDS WEST (BEARINGS BASED ON ILLINOIS STATE PLANE COORD INATES EAST ZONE 1983 DATUM) ALONG THE SOUTH LINE OF SAID NOR THEAST QUARTER, A DISTANCE OF 315.94 FEET TO THE POINT OF B EGINNING; THENCE CONTINUING SOUTH 89 DEGREES 22 MINUTES 17 SECO NDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 06 MINUTES 42 SECONDS EAST, A DISTANCE OF 1,32 2.74 FEET; THENCE NORTH 89 DEGREES 24 MINUTES 13 SECONDS EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 0 DEGREES 06 MINUTES 42 SECONDS WEST, A DISTANCE OF 1,322.72 FEET TO THE POINT OF B EGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 39,681 SQUA RE FEET OR 0.911 ACRES, MORE OR LESS. BEING PART OF PARCE L 16-03-251-002. 16-03-400-004, 6715 Me yer RoadPART OF THE SOUTHEAST QUARTER OF SE CTION 3, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL M ERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIB ED AS FOLLOWS:COMMENCING AT THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN A DEED RECORDED JULY 31, 2001 AS DOCUMENT NUMBER 2001R0054424 IN THE RECORDERS OFFICE OF M CHENRY COUNTY; THENCE SOUTH 89 DEGREES 24 MINUTES 57 SECO NDS WEST (BEARINGS BASED ON ILLINOIS STATE PLANE COORDINA TES EAST ZONE 1983 DATUM) ALONG THE NORTH LINE OF SAID DEE D, A DISTANCE OF 55.20 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES 08 MINUTES 57 SECONDS WEST, A DISTANCE OF 900.35 FEET TO A POINT ON THE SOUTH LINE OF SAID DEED; THE NCE SOUTH 89 DEGREES 26 MINUTES 15 SECONDS WEST ALONG SAID S OUTH LINE, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 0 8 MINUTES 57 SECONDS EAST, A DISTANCE OF 900.34 FEET TO A POINT ON THE NORTH LINE OF SAID DEED; THENCE NORTH 89 DEGR EES 24 MINUTES 57 SECONDS EAST ALONG SAID NORTH LINE, A DISTANC E OF 30.00 FEET TO THE POINT OF BEGINNING, IN MCHENRY CO UNTY, ILLINOIS, CONTAINING 27,010 SQUARE FEET OR 0.620 ACRES, MORE OR LESS. BEING PART OF PARCEL 16-03-400-004. 16-03-400-007 , Meyer RoadPART OF THE SOUTHEAST QUARTER OF SECT ION 3, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD PRINC IPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE PARTICULARLY DES CRIBED AS FOLLOWS:COMMENCING AT THE NORTHEAST CORN ER OF A PARCEL OF LAND DESCRIBED IN A DEED RECORDED JULY 31, 20 01 AS DOCUMENT NUMBER 2001R0054424 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE SOUTH 89 DEGREES 24 MINUTES 57 SECOND S WEST (BEARINGS BASED ON ILLINOIS STATE PLANE COORDINATE S EAST ZONE 1983 DATUM) ALONG THE NORTH LINE OF SAID DEED, A DIS TANCE OF 55.20 FEET TO THE POINT OF BEGINNING; THENCE CON TINUING SOUTH 89 DEGREES 24 MINUTES 57 SECONDS WEST ALONG SAID NORTH LINE, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 08 MINUTES 57 SECONDS EAST, A DISTANCE OF 97.52 FEET; THEN CE NORTH 58 DEGREES 47 MINUTES 16 SECONDS WEST, A DISTANCE OF 305.97 FEET; THENCE NORTH 0 DEGREES 06 MINUTES 42 SECONDS EAST, A DISTANCE OF 16.55 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 89 DEGREES 22 MINUTES 17 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 30.00 FEET; THENCE SOUTH 58 DEGREES 47 MINUTES 16 SEC ONDS EAST, A DISTANCE OF 305.99 FEET; THENCE SOUTH 0 DEGREES 08 MINUTES 57 SECONDS WEST, A DISTANCE OF 114.08 FEET TO THE P OINT OF BEGINNING.ALSO:PART OF THE S OUTHEAST QUARTER OF SECTION 3, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOI S, MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCI NG AT THE SOUTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN A D EED RECORDED JULY 31, 2001 AS DOCUMENT NUMBER 2001R0054424 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE SOUTH 89 DEGR EES 26 MINUTES 15 SECONDS WEST (BEARINGS BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG THE SOUT H LINE OF SAID DEED, A DISTANCE OF 59.77 FEET TO THE POINT OF B EGINNING, SAID POINT BEING A POINT ON THE WESTERLY RIGHT-O F-WAY LINE OF MEYER ROAD AS USED AND MONUMENTED; T HENCE SOUTH 0 DEGREES 15 MINUTES 11 SECONDS WEST ALONG SAID WEST ERLY LINE, A DISTANCE OF 1035.86 FEET; THENCE SOUTH 0 DEGREE S 18 MINUTES 22 SECONDS EAST ALONG SAID WESTERLY LINE, A DIST ANCE OF 325.21 FEET; THENCE SOUTH 2 DEGREES 21 MINUTES 21 S ECONDS WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 168.26 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTHEAST QUARTE R; THENCE NORTH 89 DEGREES 26 MINUTES 20 SECONDS WE ST ALONG SAID SOUT H LINE, A DISTANCE OF 30.64 FEET; THENCE NORTH 12 DEGREES 15 MI NUTES 57 SECONDS EAST, A DISTANCE OF 3.61 FEET; THENCE NORTH 2 DEGREES 21 MINUTES 21 SECONDS EAST, A DISTANCE OF 164.97 FE ET; THENCE NORTH 0 DEGREES 18 MINUTES 22 SECONDS WEST, A DISTANCE OF 324.51 FEET; THENCE NORTH 0 DEGREES 15 MINUTES 1 1 SECONDS EAST, A DISTANCE OF 1035.73 FEET TO A POINT ON THE SO UTH LINE OF SAID DEED; THENCE NORTH 89 DEGREES 26 MINUTES 15 SE CONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAIN ING 58,473 SQUARE FEET OR 1.342 ACRES, MORE OR LESS. BEING PA RT OF PARCEL 16-03-400-007. 16-10-200-002, Meyer Road/Pleasant Grove RoadPART OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENR Y COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAS T QUARTER; THENCE NORTH 89 DEGREES 26 MINUTES 20 SECONDS W EST (BEARINGS BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG THE NORTH LINE OF SAID NORTHEAST QUA RTER, A DISTANCE OF 73.30 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A POINT ON THE WESTERLY RIGHT-OF-WA Y LINE OF MEYER ROAD AS USED AND MONUMENTED; THENCE SOUTH 1 2 DEGREES 15 MINUTES 57 SECONDS WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 355.46 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF PLEASANT GROVE ROAD AS USED AN D MONUMENTED; THENCE NORTH 40 DEGREES 45 MINUTES 09 SECONDS WEST ALONG SAID NORTHEASTERLY LINE, A DISTANCE OF 37.56 F EET; THENCE NORTH 12 DEGREES 15 MINUTES 57 SECONDS EAST, A D ISTANCE OF 326.65 FEET TO A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER ; THENCE SOUTH 89 DEGREES 26 MINUTES 20 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 30.64 FEET TO THE POINT OF BEGINNING, IN MC HENRY COUNTY, ILLINOIS, CONTAINING 10,232 SQUARE FEET OR 0. 235 ACRES, MORE OR LESS. BEING PART OF PARCEL 16-10-200-002. 16-11-100-02 4, Grant HighwayPART OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD P RINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE PARTICU LARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE NOR THWEST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 0 DEGREES 02 MINUTES 05 SECONDS WEST (BEARINGS BASED ON ILLINOIS STATE PLANE COORD INATES EAST ZONE 1983 DATUM) ALONG THE WEST LINE OF SAID NOR THWEST QUARTER, A DISTANCE OF 564.87 FEET; THENCE SOUTH 40 DEGREES 45 MINUTES 09 SECONDS EAST, A DISTANCE OF 556.01 FEET; THENCE S OUTH 45 DEGREES 43 MINUTES 31 SECONDS WEST, A DISTANCE OF 25 .64 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A POIN T ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF PLEASA NT GROVE ROAD AS USED AND MONUMENTED; THENCE SOUTH 41 DEGREES 29 MINUTES 10 SECONDS EAST ALONG SAID RIGHT-OF- WAY LINE, A DISTANCE OF 41.98 FEET; THENCE SOUTH 41 DEGREES 0 4 MINUTES 55 SECONDS EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 446.59 FEET; THENCE SOUTH 43 DEGREES 09 MINUTES 36 SECONDS WEST, A DISTAN CE OF 30.15 FEET; THENCE NORTH 41 DEGREES 04 MINUTES 55 SEC ONDS WEST, A DISTANCE OF 449.51 FEET; THENCE NORTH 41 DEG REES 29 MINUTES 10 SECONDS WEST, A DISTANCE OF 40.41 FEET; THENCE NORTH 45 DEGREES 43 MINUTES 31 SECONDS EAST, A DISTANCE OF 30.0 4 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 14,677 SQUARE FEET OR 0.337 ACRES, MORE OR LESS. BEING PART OF PARCEL 16-11-100-024. 16-11-100-026, Gr ant HighwayPART OF THE NORTHWEST QUARTER OF SECTIO N 11, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPA L MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBE D AS FOLLOWS:COMMENCING AT THE NORTHERLY CO RNER OF A PARCEL OF LAND DESCRIBED IN A DEED RECORDED AS DOCUMENT NUMBER 20 18R0043328 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE S OUTH 43 DEGREES 04 MINUTES 53 SECONDS WEST (BEARINGS BASED ON ILLINOIS ST ATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG THE NORTHWES TERLY LINE OF SAID DEED, A DISTANCE OF 26.98 FEET TO THE POINT OF BEGINNIN G; THENCE CONTINUING SOUTH 43 DEGREES 04 MINUTES 53 SECONDS WE ST ALONG SAID NORTHWESTERLY LINE, A DISTANCE OF 30.00 FEET; THE NCE NORTH 46 DEGREES 35 MINUTES 57 SECONDS WEST, A DISTANCE OF 315.94 FEET; THENCE NORTH 39 DEGREES 24 MINUTES 38 SECONDS WEST, A DISTANCE OF 330.00 FEET; THENCE NORTH 41 DEGREES 04 MI NUTES 55 SECONDS WEST, A DISTANCE OF 14.95 FEET; THENCE NORTH 43 DEGREES 09 MINUTES 36 SECONDS EAST, A DISTANCE OF 30.15 FEE T TO A POINT ON THE SOUTHWESTERLY LINE OF PLEASANT GROVE ROAD AS USED AND MONUMENTED; THENCE SOUTH 41 DEGREES 04 MI NUTES 55 SECONDS EAST ALONG SAID WESTERLY LINE, A DISTANC E OF 18.41 FEET; THENCE SOUTH 39 DEGREES 24 MINUTES 38 SECO NDS EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 328.55 FEET; THENCE S OUTH 46 DEGREES 35 MINUTES 56 SECONDS EAST ALONG SAID W ESTERLY LINE, A DISTANCE 313.89 FEET TO THE POINT OF BEGINNIN G, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 19,826 SQUARE FE ET OR 0.455 ACRES, MORE OR LESS. BEING PART OF PARCEL 16- 11-100-026. 16- 11-100-027, Grant HighwayPART OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 43 NORTH, RANGE 5 E AST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINO IS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMEN CING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; T HENCE SOUTH 0 DEGREES 02 MINUTES 05 SECONDS WEST (BEARINGS BASE D ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALO NG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 614 .24 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF PLEASAN T GROVE ROAD AS USED AND MONUMENTED; THENCE SOUTH 41 DE GREES 29 MINUTES 10 SECONDS EAST ALONG SAID RIGHT-O F-WAY LINE, A DISTANCE OF 520.24 FEET; THENCE SOUTH 45 DE GREES 43 MINUTES 31 SECONDS WEST, A DISTANCE OF 30.04 FEET; THE NCE NORTH 41 DEGREES 29 MINUTES 10 SECONDS WEST, A DISTANCE OF 487.82 FEET TO A POINT ON THE WEST LINE OF SAID NORTHWE ST QUARTER; THENCE NORTH 0 DEGREES 02 MINUTES 05 SECONDS EAS T ALONG SAID WEST LINE, A DISTANCE OF 45.26 FEET TO THE POINT OF BEGINNING, I N MCHENRY COUNTY, ILLINOIS, CONTAINING 15,121 SQUARE FEET O R 0.347 ACRES, MORE OR LESS. BEING PART OF PARCEL 16-11-100-027. 16-1 1-100-034, 21813 Pleasant Grove RoadPART OF T HE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOI S, MORE PARTICULARLY DESCRIBED AS FOLLOWS:CO MMENCING AT THE NORTHERLY CORNER OF A PARCEL OF LAND DES CRIBED IN A DEED RECORDED AS DOCUMENT NUMBER 2018R0043328 IN T HE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE SOUTH 43 DEGREES 04 MI NUTES 53 SECONDS WEST (BEARINGS BASED ON ILLINOIS STATE PLAN E COORDINATES EAST ZONE 1983 DATUM) ALONG THE NORTHWESTERLY LINE OF SAI D DEED, A DISTANCE OF 26.98 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 46 DEGREES 35 MINUTES 57 SECONDS EAST ALONG T HE SOUTHWESTERLY LINE OF PLEASANT GROVE ROAD AS USED AND MO NUMENTED, A DISTANCE OF 174.82 FEET TO A POINT ON THE SOUT HEASTERLY LINE OF SAID DEED; THENCE SOUTH 60 DEGREES 37 MIN UTES 24 SECONDS WEST ALONG SAID SOUTHEASTERLY LINE, A DISTANCE OF 31.41 FEET; THENCE NORTH 46 DEGREES 35 MINUTES 57 SECON DS WEST, A DISTANCE OF 165.36 FEET TO A POINT ON SAID NORTHWEST ERLY LINE; THENCE NORTH 43 DEGREES 04 MINUTES 53 SECONDS EAST ALONG SAID NORTHWESTERLY LINE, A DISTANCE OF 30.00 FEET TO THE PO INT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 5,103 SQUARE FEET OR 0.117 ACRES, MORE OR LESS. BEING PART OF PARCEL 16-11-100-034. 16-11-300-011, 7515 S IL Route 23 PART OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 4 3 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENR Y COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN A DEED RECORDED MARCH 18, 2021 AS DOCUME NT NUMBER 2021R0014864 IN THE RECORDERS OFFICE OF MCHENRY COUN TY; THENCE SOUTH 89 DEGREES 59 MINUTES 16 SECONDS WEST (BEAR INGS BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 198 3 DATUM) ALONG THE NORTH LINE OF SAID DEED, A DISTANCE OF 30.0 0 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 59 MINUTES 16 SECONDS WEST ALONG SAID NORTH LINE, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 10 MINUTES 11 SECONDS WEST, A DISTANCE OF 315.35 FEET TO A POINT ON THE SOUT H LINE OF A DEED RECORDED AS DOCUMENT NUMBER 2021R0058501 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE SOUTH 89 D EGREES 45 MINUTES 25 SECONDS EAST ALONG SAID SOUTH LINE, A DIST ANCE OF 30.05 FEET; THENCE SOUTH 0 DEGREES 09 MINUTES 41 SECONDS EAST ALONG THE WES TERLY LINE OF ILLINOIS STATE ROUTE 23 AS USED AND MONUMENTED, A DISTANCE OF 315.21 FEET TO THE POINT OF BEGINNING, IN MCH ENRY COUNTY, ILLINOIS, CONTAINING 9,466 SQUARE FEET OR 0.21 7 ACRES, MORE OR LESS. BEING PART OF PARCEL 16-11-300-011. 16-11-300-018, 7905 S IL Route 23PART OF THE SOUTHWEST QU ARTER OF SECTION 11, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE PARTICULARL Y DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHEAS T CORNER OF A PARCEL OF LAND DESCRIBED IN A DEED RECORDED AS DOCUMENT NUMBER 2021R0058501 IN THE RECORDERS OFFICE OF MC HENRY COUNTY; THENCE NORTH 89 DEGREES 45 MINUTES 25 SECONDS W EST (BEARINGS BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZO NE 1983 DATUM) ALONG THE SOUTH LINE OF SAID DEED, A DISTANCE OF 33.05 FEET; THENCE NORTH 2 DEGREES 57 MINUTES 51 SECONDS WE ST, A DISTANCE OF 131.76 FEET; THENCE NORTH 0 DEGREES 02 MINU TES 27 SECONDS WEST, A DISTANCE OF 35.98 FEET TO A POINT ON THE NORTH LINE OF SAID DEED; THENCE SOUTH 89 DEGREES 30 MINUT ES 22 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 3 0.00 FEET; THENCE SOUTH 0 DEGREES 02 MINUTES 27 SECOND S EAST ALONG THE WESTERLY LINE OF ILLINOIS STATE ROUTE 23 PER COURT CASE NO. 92-ED-79, A DISTANCE OF 34.93 F EET; THENCE SOUTH 2 DEGREES 57 MINUTES 51 SECONDS EAST A LONG SAID WESTERLY LINE, A DISTANCE OF 132.68 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 5,0 30 SQUARE FEET OR 0.115 ACRES, MORE OR LESS. BEING PART OF PARCEL 16-11-300-018. 16-11-300-019, Grant HighwayPA RT OF THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF SECT ION 11, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPA L MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIB ED AS FOLLOWS:COMMENCING AT THE SOUTHEASTERLY COR NER OF A PARCEL OF LAND DESCRIBED IN A DEED RECORDED MARCH 2 7, 2017 AS DOCUMENT NUMBER 2017R0010605 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE SOUTH 83 DEGREES 22 MINUTES 50 SECO NDS WEST (BEARINGS BASED ON ILLINOIS STATE PLANE COORDINATES EAS T ZONE 1983 DATUM) ALONG THE SOUTHERLY LINE OF SAID DEED, A D ISTANCE OF 35.09 FEET TO THE POINT OF BEGINNING; THENCE SO UTH 45 DEGREES 31 MINUTES 14 SECONDS EAST ALONG THE SOUTHWES TERLY LINE OF PLEASANT GROVE ROAD AS USED AND MONUMENTED, A DISTANCE OF 146. 50 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG SA ID SOUTHWESTERLY LINE, SAID LINE BEING A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2080.04 FEET AND A LENGTH O F 6.65 FEET TO A POINT OF NONTANGENCY, THE CHORD OF SAID ARC HA VING A LENGTH OF 6.65 FEET AND A BEARING OF SOUTH 46 DEG REES 04 MINUTES 24 SECONDS EAST; THENCE SOUTH 44 DEGREES 31 MINUTES 12 SECONDS WEST, A DISTANCE OF 30.00 FEET; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE TO THE NORTHEAST, H AVING A RADIUS OF 2110.04 FEET AND A LENGTH OF 28.1 1 FEET TO A POINT OF TANGENCY, THE CHORD OF SAI D ARC HAVING A LENGTH OF 28.11 FEET AND A BEARING OF NORTH 45 DEGREES 46 MINUTES 25 SECONDS WEST; THENCE NORTH 45 DEGREES 43 MINUTES 57 SECONDS WEST, A DISTANCE OF 149.74 FEET TO A POIN T ON THE SOUTHERLY LINE OF SAID DEED; THENCE NORTH 83 DEGREES 2 2 MINUTES 50 SECONDS EAST ALONG SAID SOUTHERLY LINE, A DISTAN CE 39.36 FEET TO THE POINT OF BEGINNING.ALSO:COMMENCING AT THE SOUTHEASTERLY CORNER OF A PARCEL O F LAND DESCRIBED IN A DEED RECORDED MARCH 27, 2017 AS DOCUME NT NUMBER 2017R0010605 IN THE RECORDERS OFFICE OF MCHENRY CO UNTY; THENCE SOUTH 83 DEGREES 22 MINUTES 50 SECONDS WEST (BEARINGS BASED ON ILLINOIS STATE PLANE COORDINATES EA ST ZONE 1983 DATUM) ALONG THE SOUTHERLY LINE OF SAID DEED, A DIS TANCE OF 35.09 FEET; THENCE SOUTH 45 DEGREES 31 MINUTES 14 SECO NDS EAST ALONG THE SOUTHWESTERLY LINE OF PLEASANT GROVE R OAD AS USED AND MONUMENTED, A DISTANCE OF 146.50 FEET TO A POIN T OF CURVATURE; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, SAID LINE BEING A CURVE CONCAVE TO THE NORTHEAST, HA VING A RADIUS OF 2080.04 FEET AND A LENGTH OF 34.63 FEET TO A PO INT THE POINT OF BEGINNING, THE CHORD OF SAID ARC HAVING A LENGTH OF 34.62 FEET AND A BEARING OF SOUTH 46 DEGREES 27 MINU TES 31 SECONDS EAST; THENCE SOUTHEASTERLY ALONG SAID SOUTHW ESTERLY LINE, SAID LINE BEING A CURVE CONCAVE TO THE NORTHE AST, HAVING A RADIUS OF 2080.04 FEET AND A LENGTH OF 357.75 FE ET TO A POINT OF NONTANGENCY, THE CHORD OF SAID ARC HA VING A LENGTH OF 357.31 FEET AND A BEARIN G OF SOUTH 51 DEGREES 51 MINUTES 46 SECONDS EAST; THENCE SO UTH 0 DEGREES 25 MINUTES 58 SECONDS EAST, A DISTANCE OF 35.92 F EET; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE TO THE NORTHEAS T, HAVING A RADIUS OF 2110.04 FEET AND A LENGTH OF 383.41 FEET TO A POINT OF NONTANGENCY, THE CHORD OF SAID ARC HAVING A LEN GTH OF 382.89 FEET AND A BEARING OF NORTH 52 DEGREES 07 MIN UTES 29 SECONDS WEST; THENCE NORTH 44 DEGREES 13 MINUTES 03 S ECONDS EAST, A DISTANCE OF 30.01 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 16,128 SQUAR E FEET OR 0.370 ACRES, MORE OR LESS. BEING PART OF PARCEL 16-11-300-019. 16-11-300-020, Grant HighwayPART OF THE SOUTHWEST QUARTER AND PART OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERID IAN, MCHENRY COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN A DEED RECORDED OCTOBER 1 3, 1987 AS DOCUMENT NUMBER 87R005793 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE SOUTH 89 DEGREES 59 MINUTES 15 SECO NDS WEST (BEARINGS BASED ON ILLINOIS STATE PLANE COORDINATE S EAST ZONE 1983 DATUM) ALONG THE NORTH LINE OF SAID DEED, A DISTANCE OF 37.10 FEET TO THE POINT OF BEGINNING; THENCE CONTI NUING SOUTH 89 DEGREES 59 MINUTES 15 SECONDS WEST ALONG SAID N ORTH LINE, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 06 SECONDS EAST, A DISTANCE OF 197.90 FEET; THENCE NORT H 0 DEGREES 59 MINUTES 00 SECONDS WEST, A DISTANCE OF 288.75 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1115.46 FEET AND A LENGTH OF 409.62 FEET TO A POINT OF NONTANGENCY, THE CHO RD OF SAID ARC HAVING A LENGTH OF 407.32 FEET AND A BEARING OF NORTH 10 DEGREES 32 MINUTES 58 SECONDS EAST; THENCE NORTH 5 DEGREES 32 MINUTES 39 SECONDS WEST, A DISTANCE OF 5.66 FEET; THENCE NORTH 60 DEGREES 06 MINUTES 59 SECONDS WE ST, A DISTANCE OF 57.88 FEET; THENCE NORTH 60 D EGREES 31 MINUTES 31 SECONDS WEST, A DISTANCE OF 93.02 FEET; THENCE NORTH 61 DEGREES 37 MINUTES 43 SECONDS WEST, A DISTANCE OF 117.56 FEET; THENCE NORTH 60 DEGREES 38 MINUTE S 16 SECONDS WEST, A DISTANCE OF 181.47 FEET TO A POINT OF CU RVATURE; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE TO TH E NORTHEAST, HAVING A RADIUS OF 2110.04 FEET AND A LENGTH OF 1 01.69 FEET TO A POINT OF NONTANGENCY, THE CHORD OF SAID ARC HAVING A LENGTH OF 101.68 FEET AND A BEARING OF NORTH 58 DE GREES 42 MINUTES 39 SECONDS WEST; THENCE NORTH 0 DEGREES 25 M INUTES 58 SECONDS WEST, A DISTANCE OF 35.92 FEET TO A PO INT ON THE SOUTHWESTERLY LINE OF PLEASANT GROVE ROAD AS USED A ND MONUMENTED; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, SAID LINE BEING A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2080.04 FEET AND A LENGTH OF 121.43 FEET TO A POIN T OF TANGENCY, THE CHORD OF SAID ARC HAVING A LENGTH OF 121.42 FEET AND A BEARING OF SOUTH 58 DEGREES 27 MINUTES 44 SECONDS E AST; THENCE SOUTH 60 DEGREES 38 MINUTES 16 SECONDS EAST ALON G SAID SOUTHWESTERLY LINE, A DISTANCE OF 179.36 FEET; THENC E SOUTH 61 DEGREES 37 MINUTES 43 SECONDS EAST ALONG SAID S OUTHWESTERLY LINE, A DISTANCE OF 117.59 FEET; THENCE SOUTH 60 DEGREES 31 MINUTES 31 SECONDS EAST ALONG SAID SOUTHWESTE RLY LINE, A DISTANCE OF 93.42 FEET; THENCE SOUTH 60 DEGREES 06 MINUTES 59 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 73.46 FEET TO A POINT ON THE WESTERLY LINE O F ILLINOIS STATE ROUTE 23 PER THE PLAT OF HIGHWAYS RECO RDED APRIL 8TH 1993 AS DOCUMENT NUMBER 93R018532 IN THE RECOR DERS OFFICE OF MCHENRY COUNTY; THENCE SOUTH 5 DEGREES 32 MINU TES 39 SECONDS EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 28.23 FEET; THENCE SOUTHWESTERLY ALONG SAID WESTERLY LINE, SAI D LINE BEING A CURVE CONCAVE TO THE SOUTHEAST, HAVI NG A RADIUS OF 1085.46 FEET AND A LENGTH OF 405.65 FEET TO A PO INT OF TANGENCY, THE CHORD OF SAID ARC HAVING A LENGTH OF 4 03.30 FEET AND A BEARING OF SOUTH 10 DEGREES 44 MINUTES 08 SE CONDS WEST; THENCE SOUTH 0 DEGREES 58 MINUTES 57 SECONDS EAST A LONG SAID WESTERLY LINE, A DISTANCE OF 289.29 FEET; THENCE SOUTH 0 DEGREES 03 MINUTES 06 SECONDS WEST ALONG SAID WESTERLY LI NE, A DISTANCE OF 197.87 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 44,404 SQUARE FEET O R 1.019 ACRES, MORE OR LESS. BEING PART OF PARCEL 16-11-300-020. 16-14-300-004, 8605 S IL Route 23PART OF THE SO UTHWEST QUARTER OF SECTION 14, TOWNSHIP 43 NORTH, RANGE 5 EAS T OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MOR E PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SO UTH 89 DEGREES 31 MINUTES 44 SECONDS WEST (BEARINGS BASED ON IL LINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 39. 20 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES 0 2 MINUTES 56 SECONDS EAST ALONG THE WESTERLY LINE OF ILLIN OIS STATE ROUTE 23 AS USED AND MONUMENTED, A DISTANCE OF 170.00 FEET; THENCE SOUTH 89 DEGREES 31 MINUTES 44 SECONDS WES T, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 02 MINUTE S 56 SECONDS WEST, A DISTANCE OF 170.00 FEET TO A POINT ON TH E NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 89 DEGREES 31 MINUTES 44 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, IL LINOIS, CONTAINING 5,100 SQUARE FEET OR 0.117 ACRES, MORE OR LE SS. BEING PART OF PARCEL 16-14-300-004.

16-23-100-011, 9809 S IL Route 23PART OF THE SOUTHEAST QUARTER OF TH E NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE PAR TICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 57 MINUTES 46 SECONDS WEST (BEARINGS BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG T HE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 27.11 FEE T TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREE S 57 MINUTES 46 SECONDS WEST ALONG SAID SOUTH LINE, A DISTA NCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 05 MINUTES 58 SE CONDS WEST, A DISTANCE OF 50.32 FEET TO A POINT ON THE SOUTHER LY LINE OF ANTHONY ROAD AS USED AND MONUMENTED; THENCE SOUTH 76 DEGREES 45 MINUTES 52 SECONDS EAST ALONG SAID SOUTHERLY L INE, A DISTANCE OF 30.83 FEET TO A POINT ON THE WESTERLY LINE OF ILLINOIS STATE ROUTE 23 AS USED AND MONUMENTED; THENCE SOUT H 0 DEGREES 05 MINUTES 58 SECONDS EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 43.28 FEET T O THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAININ G 1,404 SQUARE FEET OR 0.032 ACRES, MORE OR LESS. BEING PA RT OF PARCEL 16-23-100-011. 16-23-300-004, 9809 S IL Route 23PART OF THE SOUTHWES T QUARTER OF SECTION 23, TOWNSHIP 43 NORTH, RANGE 5 EAST OF TH E 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE PART ICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NO RTH 89 DEGREES 57 MINUTES 46 SECONDS WEST (BEARINGS BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) AL ONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE O F 27.11 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES 0 5 MINUTES 58 SECONDS EAST ALONG THE WESTERLY LINE OF ILLIN OIS STATE ROUTE 23 AS USED AND MONUMENTED, A DISTANCE OF 1629.1 2 FEET TO A POINT ON THE NORTH LINE OF A PARCEL OF LAND DESCRIB ED IN A DEED RECORDED MARCH 06, 2019 AS DOCUMENT NUMBER 2019 R0005925 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE SOU TH 89 DEGREES 53 MINUTES 53 SECONDS WEST ALONG SAID NORTHERLY LI NE, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 05 MINU TES 58 SECONDS WEST, A DISTANCE OF 1629.19 FEET TO A POINT ON T HE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89 DEGREES 57 MINUTES 46 SECONDS EAST ALONG SAID NORTH LINE, A DIS TANCE OF 30.00 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 48,875 SQUARE FEET OR 1.122 A CRES, MORE OR LESS. BEING PART OF PARCEL 16-23-300-0 04. 16-24-300-003, 20 805 Anthony RoadPART OF THE WEST HALF OF THE SOU THWEST QUARTER OF SECTION 24, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLIN OIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMEN CING AT THE NORTHEAST CORNER OF SAID WEST HALF; THENCE SOUTH 0 D EGREES 05 MINUTES 32 SECONDS WEST (BEARINGS BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG THE EAST L INE OF SAID WEST HALF, A DISTANCE OF 28.82 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES 05 MINUTES 32 SEC ONDS WEST ALONG SAID EAST LINE, A DISTANCE OF 10.00 FEE T; THENCE SOUTH 89 DEGREES 31 MINUTES 00 SECONDS WEST, A DISTANCE OF 164.32 FEET; THENCE NORTH 0 DEGREES 08 MINUTES 58 S ECONDS WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 89 DEGREES 31 MINUTES 00 SECONDS EAST ALONG THE SOUTHERLY LINE OF ANTHON Y ROAD AS USED AND MONUMENTED, A DISTANCE OF 164.36 FEET TO T HE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAIN ING 1643 SQUARE FEET OR 0.038 ACRES, MORE OR LESS. BEING PART OF PARCEL 16-24-300-003.

16-24-300-008, Anthony RoadPART OF THE NORTHWEST QUARTER OF THE SOUTHWE ST QUARTER OF SECTION 24, TOWNSHIP 43 NORTH, RANGE 5 EAST OF TH E 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBE D AS FOLLOWS:COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 89 DEGREES 32 MINUTES 44 SECONDS EAST (BEARINGS BASED ON ILLINOIS STATE PLANE COORD INATES EAST ZONE 1983 DATUM) ALONG THE NORTH LINE OF SAID SOU THWEST QUARTER, A DISTANCE OF 199.94 FEET; THENCE SOUTH 0 DEG REES 23 MINUTES 00 SECONDS EAST, A DISTANCE OF 27.97 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 36 MINUTE S 03 SECONDS EAST ALONG THE SOUTHERLY LINE OF ANTHONY ROAD AS USED AND MONUMENTED, A DISTANCE OF 965.54 FEET; THENCE SOUTH 0 DEGREES 08 MINUTES 58 SECONDS EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 89 DEGREES 36 MINUTES 03 SEC ONDS WEST, A DISTANCE OF 965.50 FEET; THENCE NORTH 0 DEGREES 2 3 MINUTES 00 SECONDS WEST, A DISTANCE OF 10.00 FEET TO THE POI NT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 9655 SQUARE FEET OR 0.222 ACRES, M ORE OR LESS. BEING PART OF PARCEL 16-24-300-008. 16-24-300-013, Anthony RoadPART OF THE NORTHEAST Q UARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWN SHIP 43 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPA L MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE PARTICULARLY DESCRI BED AS FOLLOWS:COMMENCING AT THE NORTHEAST CORNE R OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89 DEGREES 32 M INUTES 44 SECONDS WEST (BEARINGS BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG THE NORTH LINE O F SAID SOUTHWEST QUARTER, A DISTANCE OF 665.01 FEET; TH ENCE SOUTH 0 DEGREES 01 MINUTES 25 SECONDS WEST, A DISTANCE OF 28.29 FEET TO THE POINT OF BEGINNING; THENCE CONTINU ING SOUTH 0 DEGREES 01 MINUTES 25 SECONDS WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 89 DEGREES 23 MINUTES 57 SECONDS WES T, A DISTANCE OF 157.79 FEET; THENCE SOUTH 89 DEGREES 43 MI NUTES 33 SECONDS WEST, A DISTANCE OF 153.50 FEET; THENCE S OUTH 89 DEGREES 26 MINUTES 49 SECONDS WEST, A DISTANCE OF 353 .78 FEET; THENCE NORTH 0 DEGREES 05 MINUTES 32 SECONDS EAST, A DISTANCE OF 10.00 FEET; THENCE NORTH 89 DEGREES 26 MINUTES 49 SECONDS EAST ALONG THE SOUTHERLY LIN E OF ANTHONY ROAD AS USED AND MONUMENTED, A DISTANCE OF 35 3.69 FEET; THENCE NORTH 89 DEGREES 43 MINUTES 33 SECONDS E AST ALONG THE SOUTHERLY LINE OF ANTHONY ROAD AS USED AN D MONUMENTED, A DISTANCE OF 153.49 FEET; THENCE NOR TH 89 DEGREES 23 MINUTES 57 SECONDS EAST ALONG THE SOUTHERLY LINE OF ANTHONY ROAD AS USED AND MONUMENTED, A D ISTANCE OF 157.87 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 6651 SQUARE FEET OR 0.153 AC RES, MORE OR LESS. BEING PART OF PARCEL 16-24-300-013. 16-24-300-019, Anthony RoadPART OF THE NORTHEAS T QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MC HENRY COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWE ST QUARTER; THENCE SOUTH 89 DEGREES 32 MINUTES 44 SECONDS WEST (BEARINGS BASED ON ILLINOIS STATE PLANE COORDINATES EAST Z ONE 1983 DATUM) ALONG THE NORTH LINE OF SAID SOUTHWEST QUA RTER, A DISTANCE OF 575.06 FEET; THENCE SOUTH 0 DEGREE S 02 MINUTES 40 SECONDS EAST, A DISTANCE OF 28.06 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES 02 M INUTES 40 SECONDS EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 89 DEGREES 23 MINUTES 57 SECONDS WEST, A DISTANCE OF 90.00 FEET; THENCE NORTH 0 DEGREES 01 MINUTES 25 SECONDS EAST, A DIS TANCE OF 10.00 FEET; THENCE NORTH 89 DEGREES 23 MINUTES 57 SECO NDS EAST ALONG THE SOUTHERLY LINE OF ANTHONY ROAD AS USE D AND MONUMENTED, A DISTANCE OF 89.98 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 900 SQUARE FEET OR 0.021 ACRES, MORE OR LESS. BEING PART OF PARCEL 16-24-300-019. (b) This Section is rep ealed August 9, 2027 (3 years after the effective date of Public Act 103-892) this amendatory Act of the 103rd General Assembly. (S ource: P.A. 103-892, eff. 8-9-24; revised 1 0-3-24.) Section 1120. The Lawful Health Care Activity Act is amended by changing Sectio ns 28-10 and 28-11 as follows:

(735 ILCS 40/28-10) Sec. 28-10. Definitions. As used in this Act: "Lawful health care" means : (1) reproductive health care that is not unlawful under the laws of this State , including on any theory of vicarious, joint, several, or conspiracy liability; or

(2) the treatment of gender dysphoria or the affirmation of an ind ividual's gender identity or gender expression, including, but not limited to, all supplies, care, and services of a medical, behavioral health, mental health , surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative, or supportive nature that is not unlawful under the laws of this State, including on any theory of vicarious, joint, several, or conspiracy liability. "Lawful health car e activity" means seeking, providing, receiving, assisting in seeking, providing, or receiving, providing material support for, or traveling to obtain lawful health care. "Health records related to lawful health care" means records that identify a person who has sought or received lawful health care healthc are, including, but not limited to, informat ion regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care healthcare professional, and insurance and billing records for medical care.

"Location information related to lawf ul health care" means precise location information that c ould be reasonably used to identify a person's attempt to a cquire or receive lawful health care, including, but not limited to, records of the location of a person's license plate, records of the location of a cell phone or other device that tracks location, or records of observations of a person's location when t he location is near a provider of lawful health care. "Reproductive health care" shall have the same meaning as Section 1-10 of the Reproductive Health Act. "State" has the meaning given in Section 1-10 of the R eproductive Health Act. (Source: P.A. 102-1117, eff. 1-13-23; 103-786, eff. 8-7-24; revised 10-21-24. ) (735

ILCS 40/28-11) Sec. 28-11. Prohibited State actions.

(a) Unless otherwis e necessary to comply with Illinois or federal law, the Sta te shall not provide any information or expend or use any time , money, facilities, property, equipment, personnel, or o ther resources to assist any individual, or out-of-state officer, official, agency, entity, or department see king to impose civil or criminal liability upon a person or entity for lawful health care healthcare activity. (b) Locati on information related to lawful health care and health re cords related to lawful health care are confidential and exempt from d isclosure under the Freedom of Information Act. (c) This Section does not apply i f an individual or out-of-state officer, official, agency, entity, or department is investigating conduct that would be subject to civil or criminal liability under the l aws of Illinois.(Source: P.A. 103-786, eff. 8-7-24; revised 10-21-24.) Section 1125. The Illinois Antitrust Act is amended by changing Section 7.2 as follows: (740 ILCS

10/7.2) (from Ch. 38, par. 60-7.2) Sec. 7.2. (1) Whenever it appears to the Attorney General that any person has engaged in, i s engaging in, or is about t o engage in any act or practice prohibited by this Act, or that any person has assisted or participated in any agreement or combination of the nature described herein, he may, in hi s discretion, conduct a n investigation as he deems necessary in connection with the matter and has the authority prior to the commencement of any civ il or criminal action as provided for in the Act to subpoen a witnesses, and pursuant to a subpoena (i) compel their atte ndance for the purpose of examining them under oath, (ii) require the production of any books, documents, records, writings, or tangible things hereafter referred to as "document ary material" which the Attorney General deems relevant or material to his investigation, for inspection, reproducing, or copying under such terms and conditions as herea fter set forth, (iii) require written answers under oath to written interrogatories, or (iv) require compliance with a combination of the foregoing. Any subpoena issued by the Attorney General shall contain the fo llowing information: (a) The statute and section thereof, the alleged violation of which i s under investigation and the general subject matter of the investigation. (b) The d ate and place at which time the person is required to appear o r produce documentary material in his possession, custody, or control or submit answers to interrogatori es in the office of the Attorney General located in Springfie ld or Chicago. Said date shall not be less than 10 days from d ate of service of the subpoena. (c) Where documentary material is required to be produced, the sa me shall be described by class so as to clearly indicate the material demanded. The Attorney General is hereby authorized, and may so elect, to require the production, pursuant to this Section section, of documentary material or interrogatory answers p rior to the taking of any testimony of the person subpoenaed. Said documentary material shall be made available for insp ection and copying during normal business hours at the principal place of business of the person served, or at such other time and place, as may be agreed upon by the person served and the Attorney General. When documenta ry material is demanded by subpoena, said subpoena shall not: (i) contain any re quirement which would be unreasonable or improper if contained in a subp oena duces tecum issued by a court of this State; or (ii) require the disclos ure of any documentary material which would be privileged, or which for any other rea son would not be required by a subpoena duces tecum iss ued by a court of this State. (2) The production of documentary material in response to a subpoe na served pursuant to this Section shall be made under a sworn certificate, in such form as the subpoena designates, by the person, if a natural person, to whom the demand is directed or, if not a natural person, by a person or persons having knowledge of the facts and circumst ances relating to such production, to the effect that all of the documentary material required by the demand and in the possession, custody, or control of the person to whom the demand is directed has been produced and made availabl e to the custodian. Answers to interrogatories shall be accomp anied by a statement under oath attesting to the accuracy of the answers. While in the possession of the At torney General and under such reasonable terms and conditi ons as the Attorney General shall prescribe: (A) documentary material s hall be available for examination by the person who p roduced such material or by any duly authorized representat ive of such person, (B) transcript of oral testimony sh all be available for examination by the person who produced such testimony, or his or her counsel, and (C) answers to interrogatories shall be available for examination by the person who swore to their accuracy. Except as otherwise provided in this Sectio n, no documentary material, transcripts of oral testimony, or answers to interrogatories, or copies thereof, in the posse ssion of the Attorney General shall be available for examin ation by any individual other than an authorized employ ee of the Attorney General or other law enforcement offi cials, federal, State, or local, without the consent of the person who produced such material, transcripts, or inte rrogatory answers. Such documentary material, transcript s of oral testimony, or ans wers to interrogatories, or copies thereof, may be used by the Attorney General in any administrativ e or judicial action or proceeding. For pu rposes of this Section, all documentary materials, transcripts of oral testimony, answers to interrogatories obtained by the Attorney General from other law enforcement o fficials, information voluntarily produced to the Attorney Gen eral for purposes of any investigation conducted under subsection (1), or infor mation provided to the Attorney General pursuant to the not ice requirement of Section 7 .2a shall be treated as if produced pursuant to a subpoena served pursuant to this Section for purposes o f maintaining the confidentiality of such information.

The changes made by Public Act 103-526 this amendatory Ac t of the 103rd General Assembly are inoperati ve on and after January 1, 2027. (3) No p erson shall, with intent to avoid, evade, prevent, or o bstruct compliance in whole or in part by any person with any duly served subpoena of the Attorney General under this Act, knowingly remove from any place, conceal, withhold, destroy, mutilate, alter, or by any other means falsify any documentary material that is the subject of such subpoena. A violation of this subs ection is a Class A misdemeanor. The Attorney General, wit h such assistance as he may from time to time require of the State's Attorneys in the several counties, shall investigat e suspected violations of this subsection and shall commen ce and try all prosecutions under this subsection.(Source: P.A. 103-526, eff. 1-1- 24; revised 7-24-24.) Section 1130. The Mental Health and Developmental Disabilities Confidentiality Act is amended by changing Section 9.6 as follows: (

740 ILCS 110/9.6)

Sec. 9.6. Participants of any HIE, as defined under Section 2, shall allow each recipient whose record is accessible through the health information exchange the reasonable opportunity t o expressly decline the further disclosure of the record by t he health information exchange to third parties, except to the extent permitted by law such as for purposes of public hea lth reporting. The HIE participants shall permit a recipient to revoke a prior decision to opt out opt-out or a decision not to opt out opt-out. These rules, standards, or contractual obligations shall provide for written notice of a recipient's right to opt out opt-out which directs the recipient to a health inform ation exchange website containing (i) an explanation of the purposes of the health information exchange; and (ii) audio, visual, and written instructions on how t o opt out opt-out of partici pation in whole or in part to the extent possible. The process for effectuating an opt-out shall be reviewed by the HIE participants ann ually and updated as the technical options develop. The recipient shall be provided meaningful disclosure regar ding the health information exchange, and the recipient's decis ion whether to opt out opt-out should be obtained without undue inducemen t or any element of force, fraud, deceit, duress, or other form of constraint or coercion. To the extent that HIPAA, as specified in 45 CFR 164.508(b)(4), prohibits a covered entity from conditioning the provision of its s ervices upon an individual's provision of an authorizati on, an HIE participant shall not condition the provision of its services upon a recipient's decision to opt out opt-out of fur ther disclosure of the record by an HIE to third parties. Th e HIE participants shall also give annual consideration to enable a recipient to expressly decline the further disclosure by an HIE to third parties of selected portio ns of the recipient's record while permitting disclosure of the recipient's remaining patient health information. In giving effect to recipient disclosure preferences, the HIE participants may consider the extent to which relevant health information technologies reasonably available to therapists and HIEs in this State reasonably enable the effective segmentation of specific information within a recipient's ele ctronic medical record and reasonably enable the effectiv e exclusion of specific information from disclosure by an HIE t o third parties, as well as the availability of sufficient aut horitative clinical guidance to enable the practical applicatio n of such technologies to effect recipient disclosure prefe rences. The provisions of this Section 9.6 shall not apply to the secure electronic transmission of data which is point-to-point communication directed by the data custodian.(Source: P.A. 103-508, e ff. 8-4-23; revised 7-24-24.)

Section 1135. The Whistleblower Act is amended by ch anging Section 15 as follows: (740

ILCS 174/15) Sec. 15. Retalia tion for certain disclosures prohibited. (a) An employer may not take retaliatory ac tion against an employee who discloses or threatens to d isclose to a public body conducting an investigation, or in a court, an administrative hearing, or any othe r proceeding initiated by a public body, information rel ated to an activity, policy, or practice of the emplo yer, where the employee has a good faith belief that the activity, policy, or practice (i) violates a State or federal law, rule, or regulation or (ii) poses a substantial a nd specific danger to emp loyees, public health, or safety. (b) An employer may not take retaliatory action against an employee for disclosing or threatening to disclose information to a government or law enforcement agency information related to an activity, policy, or practice of the employer, where the employee has a good faith belief that the activity, policy, or practice of the e mployer (i) violates a State or federal law, rule, or regulation or (ii) pose s a substantial and specific danger to employees, public health, or safety. (c) An employer may not take retaliatory action against an employee for disclosing or t hreatening to disclose to any supervisor, principal officer, board member, or supervisor in an organization that has a contractual relationship with the employer who makes the employer aware of the disclosure, information related to an activity, policy, or practice of the employer if the employee has a good faith b elief that the activity, policy, or practice (i) violates a S tate or federal law, rule, or regulation or (ii) poses a s ubstantial and specific danger to employees, public health, o r safety. (Sou rce: P.A. 103-867, eff. 1-1-25; revised 1 0-21-24.) Section 1140. The Adoption Act is a mended by changing Sections 1 and 2 as follows: (750 ILCS 50/1) Sec. 1. Definitio ns. When used in this Act, unless th e context otherwise requires: A. (1) "Child" means a person under legal age s ubject to adoption under this Act. A-5. (2) "Adult ", when referring to a person who is the sub ject of a petition for adoption under Section 3 of this Ac t, means a person who is 18 years old or ol der. B. "Related child" means a child s ubject to adoption where either or both of the adopting parents stands in any of the following relationships to the child by blood, marriage, adoption, or civil union: parent, grand-parent, great-grandparent, brother, sister, step-parent, step- grandparent, step-brother, step-sister, uncle, aunt, great-uncle, great-aunt, first cousin, or second cousin. A person is related to the child as a first cousin or second cousin if they are both related to the same ancestor as either g randchild or great-grandchild. A child whose parent has executed a consent to adoption, a surrender, or a waiver pursuant to Section 10 of this Act or whose parent has signed a denial of paternity pursuant to Section 12 of the Vi tal Records Act or Section 12a of this Act, or whose parent has had his or her parental rights terminated, is not a related child to that person, unless (1) the consent is determined to be void or is void pursuant to subsection O of Section 10 of this Act; or (2) the parent of the child executed a consent to adop tion by a specified person or persons pursuant to subsectio n A-1 of Section 10 of this Act and a court of compete nt jurisdiction finds that such consent is void; or (3) t he order terminating the parental rights of the parent is vacated by a court of competent jurisdiction. C. "Agency" for the purpose of this Act means a public child welfare agency or a licensed child welfare agency. D. "Unfit person" means any person whom the court shall find to be un fit to have a child, without regard to the likelihood that the child will be placed for adoption. The grounds of unfitness are any one or more of the following, except that a person s hall not be considered an unfit person for the sole reason that the person has relinquished a child in accordance with t he Abandoned Newborn Infant Protection Act: (a) Abandonment of the child. (a-1) Abandonment of a newborn infant in a hospital. (a-2) Aba ndonment of a newborn infant in any setting where the evidence suggests that the parent intended to relinquish his or her parental rights. (b) Failure to mai ntain a reasonable degree of interest, concern, or responsibility as to the child's welfare. (c) Desertion of the child for more than 3 months next preceding the co mmencement of the Adoption proceeding. ( d) Substantial neglect of the child if continuous or rep eated. (d-1) Su bstantial neglect, if continuous or repeated, of any child residing in the household which resulted in the death of th at child. (e) Extreme or r epeated cruelty to the child. (f) There is a rebuttable presumption, which can be overcome only by clear and convincing evidence, that a parent is unfit if: (1) Two or more findings of physical abuse have been entered regarding any chil dren under Section 2-21 of the Juvenile Court Act of 1987, the most recent of which was determined by the juvenile court hearing the matter to be supported by clear and convincing evi dence; or (2 ) The parent has been convicted or found not guilty by reason of insanity and the conviction or finding resulted from the death of any child by physical abuse; or (3) There is a finding of physical child abuse resul ting from the death of any child under Section 2-21 of the Juvenile Court Act of 1987.

No conviction or finding of delinquen cy pursuant to Article V of the Juvenile Court Act of 198 7 shall be considered a criminal conviction for the pu rpose of applying any presumption under this paragraph item (f). (g) Failure to protect the child from conditions w ithin his environment injurious to the child's wel fare. (h) Other neglect o f, or misconduct toward the child; provided that in making a finding of unfitness the court hearing the adoption pr oceeding shall not be bound by any previous finding, or der or judgment affecting or determining the ri ghts of the parents toward the child sough t to be adopted in any other proceeding except such proceed ings terminating parental rights as shall be had un der either this Act, the Juvenile Court Act, or the Juvenile Court Act of 1987 . (i) Depravity. Convict ion of any one of the following crimes shall create a presumption that a parent is depraved which can be overcome only by clear and convincing evidence: (1) first degree murder in viola tion of paragraph (1) or (2) of subsection (a) of Sec tion 9-1 of the Criminal Code of 1961 or the C riminal Code of 2012 or conviction of second degree murder in violation of subsection (a) of Section 9-2 of the Criminal Co de of 1961 or the Criminal Code of 2012 of a parent of the child to be adopted; (2) first degree murder or second degree murder of any child in violation of the Criminal Code of 1961 or the Criminal Co de of 2012; (3) attempt or conspiracy to commit first deg ree murder or second degree murder of any child in violati on of the Criminal Code of 1961 or the Criminal C ode of 2012; (4) solicitation to commit murder of any c hild, solicitation to commit murder of any child for hire , or solicitation to commit second degree murder of any child in violation of the Criminal Code of 1961 or the Criminal Code of 2 012; (5) predatory criminal sexual assault of a child in violation of Section 11-1.40 or 12-14.1 of the C riminal Code of 1961 or the Criminal Code of 2012; (6) heinous battery of any child in violation of the Criminal Code of 1961; (7) aggravated battery of any c hild in violation of the Criminal Code of 1961 or the Criminal Cod e of 2012; (8) any violation of Section 11-1.20 or S ection 12-13 of the Criminal Code of 1961 or the Criminal Code of 2012; (9) any violation of subsection (a) of Section 11-1.50 or Section 12-16 of the Crimina l Code of 1961 or the Criminal Code of 2012; (10) any vio lation of Section 11-9.1 of the Criminal Code of 196 1 or the Criminal Code of 2012; (11) any violation of Se ction 11-9.1A of the Criminal Code of 1961 or the Cr iminal Code of 2012; or (12) an offense in any other st ate the elements of which are similar and bear a substant ial relationship to any of the enumerated offenses in thi s paragraph subsection (i). There is a rebuttable presumption that a parent is depraved if th e parent has been criminally convicted of at least 3 felonie s under the laws of this State or any other state, or under fede ral law, or the criminal laws of any United States territo ry; and at least one of these convictions took place with in 5 years of the filing of the petition or motion seek ing termination of parental rights. There is a rebuttable presumption that a parent i s depraved if that parent has been criminally convicted of either first or second degree murder of any person as defined in the Criminal Code of 1961 or the Criminal Code of 2012 within 10 years of the filing date of the petition or motion to terminate parental rights. No conviction or finding of delinquency pursuan t to Article 5 of the Juvenile Court Act of 1987 shall be considered a criminal conviction for the purpose of applying any presumption under this paragraph item (i). (j) Open and notorious adul tery or fornication. ( j-1) (Blank). (k) Habitual drunkenness or addiction to drugs, other than thos e prescribed by a physician, for at least one year immedi ately prior to the commencement of the unfitness pr oceeding. (l) Failure to demonstrate a reasonable degree of interest, concern, or responsibili ty as to the welfare of a new born child during the first 30 days after its birth. (m) Failure by a parent (i) to make reasonable eff orts to correct the conditions that were the basis for the removal of the child from the parent during any 9-mo nth period following the adjudication of neglected or abused minor un der Section 2-3 of the Juvenile Court Act of 1987 or dependent minor under Section 2-4 of that Act, or (ii) to make reasonable progress toward the retu rn of the child to the parent during any 9-month period following the adjudication of neglected or abused minor under Secti on 2-3 of the Juvenile Court Act of 1987 or dependent minor under Section 2-4 of that Act. If a service plan has been establish ed as required under Section 8.2 of the Abused and Neglected Child Reporting Act to correct the conditions that wer e the basis for the removal of the child from the parent and if those services were available, then, for purposes of this Act, "failure to make reasonable pr ogress toward the return of the child to the parent" includes the parent's fa ilure to substantially fulfill his or her obligations under the service plan and correct the conditions that brought the child into care during any 9 -month period following the adjudication under S ection 2-3 or 2-4 of the Juvenile Court Act of 198 7. Notwithstanding any other provision, when a petition o r motion seeks to terminate parental rights on the basis of subparagraph item (ii) o f this paragraph subsection (m), the petitioner shall file with the court a nd serve on the parties a pleading that specifies the 9-month period or periods relied on. The pleading shall be filed and served on the parties no later than 3 weeks before the date set by the court for closure of discovery, and the allegations in the pleading shall be treated as incorporated into the petition or motion. Failure of a respondent to file a written denial of the alleg ations in the pleading shall not be treated as an admis sion that the allegations are true.

(m-1) (Blank). (n) Evidence of intent to forgo his or her parent al rights, whether or not the child is a ward of the cou rt, (1) as manifested by his or her failure for a period of 12 mo nths: (i) to visit the child, (ii) to communicate with the child o r agency, although able to do so and not prevented from doing so by an agency or by court order, or (iii) to maintain conta ct with or plan for the future of the child, although physically able to do so, or (2) as manifested by the father's failure, where he a nd the mother of the child were unmarried to each other at the time of the child's birth, (i) to commence legal proceedi ngs to establish his paternity under the Illinois Parentag e Act of 1984, the Illinois Parentage Act of 2015, or the la w of the jurisdiction of the child's birth within 30 days o f being informed, pursuant to Section 12a of this Act, that he is the father or the likely father of the chil d or, after being so informed where the child is not yet born, within 30 days of the child's birth, or (ii) to m ake a good faith effort to pay a re asonable amount of the expenses related to the birth of the child and to provide a reasonable amount for the finan cial support of the child, the court to consider in its d etermination all relevant circumstances, including the fina ncial condition of both parents; provided that the ground for termination provided in this item (ii) of subparagraph (2) of this paragraph (n) subparagraph (n)(2)(ii) shall only be available where the petition is brought by the mother or the husband of the mother. Contact or communication by a parent with his or her child that does not demonstrate affection and concern does not constitute reasonable contact and pla nning under this paragraph s ubdivision (n). In the absence of evidence to the contrary, the ability to visit, communicate, maintain c ontact, pay expenses, and plan for t he future shall be presumed. The subjective intent of the parent, whether expressed or otherwise, unsupported by ev idence of the foregoing parental acts manifesting that inte nt, shall not preclude a determination that the parent has i ntended to forgo his or her parental rights. In making thi s determination, the court may consider but shall not re quire a showing of diligent efforts by an authorized agen cy to encourage the parent to perform the acts specified in

this paragraph subdivision (n). It shall be an affirmative defense to any alle gation under subparagraph par agraph (2) of this paragraph (n) subsection that the father's failure was due to circumstances bey ond his control or to impediments created by the mother or any othe r person having legal custody. Proof of that fact need only be by a preponderance of the evi dence. (o) Repeated or continuous failure by the parents, although physically and financially able , to provide the child with adequate food, clothing, or shelter. (p) Inabil ity to discharge parental responsibilities supported by com petent evidence from a psychiatrist, licensed clinical so cial worker, or clinical psychologist of mental i mpairment, mental illness, or an intellectual disability as defined in Section 1-1 16 of the Mental Health and Developmental Disabilit ies Code, or developmental disability as defined in Section 1-106 of that Code, and there is sufficient justific ation to believe that the inability to discharge parental r esponsibilities shall extend beyond a reasonable time period. However, this paragraph subdivision (p) shall not be construed so as to permit a lice nsed clinical social worker to conduct any medical diagnosi s to determine mental illness or mental impairment. (q) (Blank). (r) The child is i n the temporary custody or guardianship of the Department of Children and Family Services, the parent is incarcera ted as a result of criminal conviction at the time the petition or motion for termination of parental rights is filed, prior to incarcer ation the parent had little or no contact with the ch ild or provided little or no support for the child, and th e parent's incarceration will prevent the parent from discharging his or her parental responsibilities for the child for a period in ex cess of 2 years after the filing of the petitio n or motion for termination of parental rights. (s) The child is in the tempora ry custody or guardianship of the Department of C hildren and Family Services, the parent is incarcerated at the time the petition or motion for termination of parental rights is filed, the parent has been r epeatedly incarcerated as a result of criminal convictio ns, and the parent's repeated incarceration has preve nted the parent from discharging his or her parental responsibilit ies for the child.

(t) (Blank). E. "Parent" me ans a person who is the legal mother or legal father o f the child as defined in subsection X or Y of this Section. For the purpose of this Act, a parent who has exec uted a consent to adoption, a surrender, or a waiv er pursuant to Section 10 of this Act, who has signed a Den ial of Paternity pursuant to Section 12 of the Vital Recor ds Act or Section 12a of this Act, or whose parental rig hts have been terminated by a court, is not a parent of t he child who was the subject of the consent, surrender, waiv er, or denial unless (1) the consent is void pursuant to subsection O of Section 10 of t his Act; or (2) the person executed a consent to ad option by a specified person or persons pursuant to su bsection A-1 of Section 10 of this Act and a co urt of competent jurisdiction finds that the consent is v oid; or (3) the order terminating the parental rights of the person is vacated by a court of competent jurisdictio n. F. A person is available for adopti on when the person is: (a) a child who has bee n surrendered for adoption to an agen cy and to whose adoption the agency has thereafter consented ; (b) a child to whose ad option a person authorized by law, other than his parents, has c onsented, or to whose adoption no consent is required pursua nt to Section 8 of this Act; (c) a child who is in the custody of persons who intend to a dopt him through placement made by his parents; (c-1) a child for whom a parent has si gned a specific consent pursuant to subsection O of Section 1 0; (d) an adult who meets th e conditions set forth in Section 3 of this Act; or (e) a child who has been relinquished as d efined in Section 10 of the Abandoned Newborn Infant Protectio n Act. A person who would otherwise be av ailable for adoption shall not be deemed unavailable for adoption solely by reason of hi s or her death. G. The singular includes the plural and the plural in cludes the singular and the "male" includes the "female", a s the context of this Act may require. H . (Blank). I. "Habitua l residence" has the meaning ascribed to it in the federal Intercountry Adoption Act of 2000 and regulations promul gated thereunder. J. "Immediate relativ es" means the biological parents, the p arents of the biological parents, and the siblings of the biological parents. K. "Inter country adoption" is a process by which a child from a country oth er than the United States is adopted by persons who are habitual residents of the United States, or the child is a habitual resident o f the United States who is adopted by persons who are h abitual residents of a country other than the United State s. L. (Blank). M. "Interstate Compact on the Placement of Children" is a law enacted by all stat es and certain territories for the purpose of establishing uni form procedures for handling the inters tate placement of children in foster homes, adoptiv e homes, or other child care facilities. N. ( Blank). O. "Preadoption requirements" means any conditions or stand ards established by the laws or administrative rules of th is State that must be met by a prospective adoptive parent pri or to the placement of a child in an adopt ive home. P. "Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or a ny individual residing in the same hom e as the child, or a paramour of the child's parent: (a) inflicts, causes to be inflicted, or allows to be inflicted upon the child physical injury, by other than accidental means, that causes death, d isfigurement, impairment of physical or emotional health, o r loss or impairment of any bodily function; (b) creates a substantial risk of physical injury to the child by other than accidental means which would be likel y to cause death, disfigurement, impairment of physical or e motional health, or loss or impairment of any bodily functi on; (c) commits or all ows to be committed any sex of fense against the child, as sex offenses are defined i n the Criminal Code of 2012 and extending those definitions o f sex offenses to include children under 18 years of age; (d) commits or allows to be committed an act or acts of torture upon the child; or (e) inflicts excessive corporal punish ment. Q. "Neglected child" means any child whose parent or other person responsible for the child's welfare withhol ds or denies nourishment or medically indicated treatment in cluding food or care denied solely on the basis of the p resent or anticipated mental or physical impairment as determined by a physician acting alone or in consult ation with other physicians or otherwise does not provide the pr oper or necessary support, education as required by law, or medical or other remedial care recognized under State l aw as necessary for a child's well-being, or o ther care necessary for his or her well-being, includ ing adequate food, clothing, and shelter; or who is abandoned by his or her parents or other person responsible for the child's welfare. A child shall not be considered neglected o r abused for the sole reason that the child's parent or other person responsible for his or her welfare depends upon spiritual means through prayer alone for the treatment or cure of disease or remedial care as provided under Section 4 of the Abused and Neglected Child R eporting Act. A child shall not be considered neglected or abused for the sole reason that the child's parent or other per son responsible for the child's welfare failed to vaccinate, de layed vaccination, or refused vaccination for the child due to a waiver on religious or medical grounds as permitted by l aw. R. "Putative father" means a man wh o may be a child's father, but who (1) is not married to the child's mother on or before the date that the child was or is to be born and (2) has not established paternity of the child in a court proceeding before the filing of a petition for the adopti on of the child. The term includes a male who is less than 18 years of age. " Putative father" does not mean a man who is the child's fath er as a result of criminal sexual abuse or assault as defined under Article 11 of the Criminal Code of 2012. S. "Standby adoption" means an adoption in which a parent consents to custody and ter mination of parental rights to become effective upon the occurrence of a future event, which is either the death of the parent or the request of the parent for the entry of a fina l judgment of adoption. T. (Blank).

T-5. "Biological parent", "birth parent", or "natural parent" of a child are interchangeable terms tha t mean a person who is biologically or genetically related to that child as a parent. U. "Inte rstate adoption" means the placement of a minor child with a prospective adoptive parent for the purpose of pursuing an adoption for that child that is subject to the provisions of the Interstate Compact on the Placement of Children. V. (Blank). W. (Blank). X. "Legal father" of a child means a man who is reco gnized as or presumed to be that child's father: (1) because of his marriage to or civil union with the child's parent at the time of the child's birth or within 300 days prior to that child's birth, unless he si gned a denial of paternity pursuant to Section 12 of the V ital Records Act or a waiver pursuant to Section 10 of this Ac t; or (2) because his patern ity of the child has been established pursuant to the Illinois Pa rentage Act, the Illinois Pare ntage Act of 1984, or the Gestational Surrogacy Act; or (3) because he is listed a s the child's father or parent on the child's birth certif icate, unless he is otherwise determin ed by an administrative or judicial proceeding not to be the parent of the child or unless he rescinds his acknowled gment of paternity pursuant to the Illinois Parentage Act o f 1984; or (4) because his paternity or adoption o f the child has been establish ed by a court of competent jur isdiction. The definition in this subsect ion X shall not be construed to provide greater or lesser rights as to the number of parents who can be named on a final judgment or der of adoption or Illinois birth certificate that otherwi se exist under Illinois law. Y. "Legal mother" of a child means a woman who is recognized as o r presumed to be that child's mother: (1) because she gav e birth to the child except as provided in the Gestati onal Surrogacy Act; or (2) because her maternity of the child has been e stablished pursuant to the Illinois Parentage A ct of 1984 or the Gestational Surrogacy Act; or (3) because her maternity o r adoption of the child has been established by a cour t of competent jurisdiction; or (4) because of her marriage to or civil union wi th the child's other parent at the time of the child's birth or within 300 days prior to the time of birth; or (5) because she is listed as the child's mother or p arent on the child's birth certificate unless she is otherw ise determined by an administrative or judicial proceeding not t o be the parent of the child. The defin ition in this subsection Y shall not be construed to provide gr eater or lesser rights a s to the number of parents who can be named on a f inal judgment order of adoption or Illinois birth certificate that otherwise exist under Illinois law. Z. "Department" means the Illinois Department of Children and Family Services. AA. "Placement disruption" means a circumstance where the child is removed from an adoptive placement befo re the adoption is finalized. BB. "Secondary pla cement" means a placement, including, but not limited to, the placement of a youth in care as defined in Secti on 4d of the Children and Family Services Act, that occurs af ter a placement disruption or an adoption dissolution. "S econdary placement" does not mean secondary placements arising due to the de ath of the adoptive parent of the child. CC. "Adoption dissolution" means a circumstance wher e the child is removed from an adoptive placement afte r the adoption is finalized. DD. "Unregulated p lacement" means the secondary placement of a child that occ urs without the oversight of the courts, the Department, or a li censed child welfare agency. EE. "Post-placement and post-adoption support services" means support services for pla ced or adopted children and families that include, but are not limited to, mental health treatment , including counseling and other support services for emot ional, behavioral, or developmental needs, and treatmen t for substance abuse. FF. "Youth in care" has the meaning provided in Section 4d of the Children and Family Services Act. The changes made by Public Act 103-941 this amendatory Act of the 103rd General Assembly apply to a petition that is filed on or after January 1, 2025.

(Source: P.A. 102-139, eff. 1-1-22; 102-558, eff. 8-2 0-21; 103-696, eff. 1-1-25; 103-941, eff. 1-1-25; revised 11-26-24. ) (750 ILCS 50/2) (from Ch. 40, par. 1502) Sec. 2. Who may adopt a c hild. A. Any of the following per sons, who is under no legal disability (except the minorit y specified in sub-paragraph (b)) and who has resided i n the State of Illinois continuously for a period of at least 6 months immediately preceding the commencement of an adoption proceeding, or any member of the armed forces of the United States who has been domiciled in the S tate of Illinois for 90 days, may institute such proceeding : (a) A reputable person of legal age and of either sex, prov ided that if such person is married or in a civil union and has not been livi ng separate and apart from his or her spouse or civil union partner for 12 months or longer, his or her spouse or civil union partner shall be a party to the adoption proceeding, including a spouse or civil union partner desiring to adopt a child of the other spouse or civil union partner, in all of whic h cases the adoption shall be by both spouses or civil union partners jointly; (b) A minor, by leave of court upon good cause shown; . (c) Notwith standing sub-paragraph (a) of this subsection, a spouse or civil union partner is not required to join in a petition for a doption for the adoption of an adult if a petitioner is a fo rmer stepparent of that adult, or to re-adopt a child a fter an intercountry adoption if the spouse or civil union partn er did not previously adopt the child as set forth in subsections (c) and (e) of Section 4. 1 of this Act. For purposes of this Section, "former steppare nt" means a person who was married to, or in a civil union w ith, the legal parent of the adult seeking to be adopted, a nd the marriage or civil union has ended. B. The residence requirement specified in paragraph A of this Section shall not apply to: (a) an adoption of a related child; (a-1) an adoption of a chi ld previously adopted in a foreign country by the petitioner; (b) an adoption of a child placed by an Illinois-licensed child welfare agency performing adoption services; (c) an adoption of an adult by a former ste pparent; or (d) an adoption of a child born in this State who has r esided continuously in this State since birth, or a child who has continuously resided in this State for at least 6 months immediately preceding the commencement of the ado ption proceeding, if: (1) an Illinois-licensed child welfar e agency performing adoption services has acknowledged a consent or surrender of one or both of the biological or legal parents of the child under this Act and the Chil d Care Act of 1969; or

(2) an authorized person under Section 10 has acknowledged a consent of one or both of the biological or le gal parents of the child and an Illinois-licensed child welfare a gency performing adoption services has counseled the biological o r legal parent or parents of the child as to the birth parent ri ghts and responsibilities under the Child Care Act of 1969 and the rules adopted thereunder. C. Nothing in this Section overrides the requirements contained in Public Act 94-586. (Source: P. A. 102-139, eff. 1-1-22; revised 7-2 4-24.) Section 1145. The Probate Act of 1975 is amended by changing Section 11a-15 as follows: (755 ILCS 5/11a-15) (from Ch. 110 1/2, par. 1

1a-15) Sec. 11a-15. S uccessor guardian.) Upon the death, incapacity, resigna tion, or removal of a guardia n of the estate or person of a living ward, the court sh all appoint a successor guardian or terminate the adjudication of disability. The powers and duties of the successor guardian shall be the same as those o f the predecessor guardian unless otherwise modified. Notice of the time and place of the hearing on a pet ition for the appointment of a successor guardian sha ll be given not less than 3 days before the hearing for a successor to a temporary guardian and not less than 14 days before the hearing for a successor to a limited or plenary guardian. The notic e shall be by mail or in person to the alleged person with a disability , to the proposed successor guardian, and to those persons whose names and addresses are listed in the petition for adjudica tion of disability and appointment of a guardian under Section 11a-8. The court, upon a finding of good cause, may waive the n otice requirement under this Section. (Source: P.A. 103-740, eff. 1-1-25; revised 11-26- 24.) Section 1150. The Real Property Transfer on Death Ins trument Act is amended by changing Section 90 as follows: (755 ILCS 27/90) Se c. 90. Limitations and bona fide t ransfers. (a) An acti on to set aside or contest the validity of a transfer on death instrument shall be commenced within the earlier of 2 y ears after the date of the owner's death or 6 months from the da te letters of office are issued pursuant to the Probate Act of 1975. (b) A bona fide purchaser or mortgag ee for value shall take the real property free and clear of a ny action, claim, liability, or contest if the transfer to the bona fide purchaser or mortgagee for value occurs prior to the recording of a lis pendens under Section 2-1901 of the Code of Civil Procedure or prior to the filing of the a notice of renunciation pursuant to Section 66 of this Act. (Source: P.A. 102-68, eff. 1-1-22; revised 7-24-24.) Section 1155. The Health Care Surrogate Act is amended by changin g Section 10 as follows: (755

ILCS 40/10) (from Ch. 110 1/2, par.

851-10) Sec. 10. Definitions. As used in this Act: "Adult" means a person who is (i) 18 years of age or older or (ii) an emancipated mi nor under the Emancipation of Minors Act.

"Artificial nutrition and hydration" means supplying fo od and water through a conduit, such as a tube or intravenous l ine, where the recipient is not required to chew or swallow volun tarily, including, but not limited to, nasogastric tubes, gastrostomies, jeju nostomies, and intravenous infusions. "Artifi cial nutrition and hydration" does not include assisted feeding, such as spoon or bottle feeding. "Available" means that a person is not "unavailable". A pers on is unavailable if (i) the person's existence is not known, (ii) the person has not been able to be contacted by telephone or mail, or (iii) the person lacks decisional capacity, refuses to accept the office of surrogate, or is unwilling to respond in a manner that indicates a choice among the treatment matters at issue. "Attending physician" means the physician selected by or assigned to the patient who has primary respons ibility for treatment and care of the patient and who is a licensed physician in Illinois or a physician licensed in the state where the patient is being treated. If more than one physician shares that responsibility, any of those physicians may act as the atte nding physician under this Act. "Close frie nd" means any person 18 years of age or older who has exhibited special care and concern for the patient and who presents an affi davit to the attending physician stating that he or she (i) is a close friend of the patient , (ii) is willing and able to become involved in the patient 's health care, and (iii) has maintained such regular co ntact with the patient as to be familiar with the patient's activities, health, and religious and moral beliefs. The af fidavit must also state facts and circumstances that dem onstrate that familiarity. "Death" means when, according to accepted medical standards, there is (i) an irreversible cessation of circulatory and respirat ory functions or (ii) an irreversible cessation of all fu nctions of the entire brain, including the brain stem. "Decisional capacity" means the ability to understand and appreciate the nature and consequences of a decision regarding medical treatment or forgoing life-su staining treatment and the ability to reach and communicate an informed decision in the matter as determined by the atten ding physician. "Forgo life-susta ining treatment" means to withhold, withdraw, or terminate all or any portion of life-sustaining treatment with knowle dge that the patient's death is likely to result. "Guardian" means a court appointed guardian of the pe rson who serves as a representative of a minor or as a repres entative of a person under legal disability.

"Health care facility" means a type of health care pro vider commonly known by a wide variety of titles, includi ng, but not limited to, hospitals, medical centers, nursing ho mes, rehabilitation centers, long term or tertiary ca re facilities, and other facilities established to administer health care and provide overnight stays in their ordinary cour se of business or practice. "Health care provider" means a person that is licensed, certified, or otherwise authorized or permitted b y the law of this State or licensed in the state where the patient is being treated to administer health care in the ordinary c ourse of business or practice of a profession, including, but not limit ed to, physicians, nurses, health care facilities, and any employee, officer, director, agent, or person under contract with s uch a person. "Imminent" (as in "death is imm inent") means a determinat ion made by the attending physician according to accepted medical standards that death will occur in a relat ively short period of time, even if life-sustaining treatment i s initiated or continued. "Life-sustaining treatment" means any medical treatmen t, procedure, or intervention that, in the judgment of the attending physician , when applied to a patient with a qualifying condition, woul d not be effective to remove the qualifying condition or would serve only to prolong the dying process. Those pro cedures can include, but are not limited to, assisted venti lation, renal dialysis, surgical procedures, blood trans fusions, and the administration of drugs, antibiotics, and art ificial nutrition and hydration. "Minor" mean s an individual who is not an adult as defined in this Act. "Parent" means a person who is the natu ral or adoptive mother or father of the child and whose pare ntal rights have not been terminated by a court of law. "Patient" means an adult or m inor individual, unless otherwise specified, un der the care or treatment of a licensed physician or other health care provider. "Person" means an individual, a corporation, a business trust, a trust, a par tnership, an association, a government, a governmental subdivision or agency, or any other legal entity. "Qualifying condition" means the existence of one o r more of the following conditions in a patient certif ied in writing in the patient's medical record by the atten ding physician and by at least one other qualified health care practitioner: (1) "Terminal condition" means an illness or injury for which there is n o reasonable prospect of cure or recovery, death is i mminent, and the application of life-sustaining treatment would o nly prolong the dying process. (2) "Permanent unconscio usness" means a condition that, to a high degree of med ical certainty, (i) will last permanently, without improvemen t, (ii) in which thought, sensation, purposeful action, s ocial interaction, and awareness of self and environm ent are absent, and (iii) for which initiating or continuing li fe-sustaining treatment, in light of the patient's me dical condition, provides only minimal medical benefit. (3) "Incurable or irreversib le condition" means an illness or injury (i) for which there is no reasonable pro spect of cure or recovery, (ii) that ultimately will cause the patient's death even if life-sustaining treatment i s initiated or continued, (iii) that imposes severe pain or oth erwise imposes an inhumane burden on the patient, and (iv) for which initiating or cont inuing life-sustaining treatment, in light of the pa tient's medical condition, provides only minimal medi cal benefit. The determination tha t a patient has a qualifying condition creates no presumption regarding the application or non-application of life-sustaining treatment. It is only after a determination by the attending physician that the patient has a qualifying condition that the surrogate decision maker may consider whether or not to forgo l ife-sustaining treatment. In making this decision, the surrogate shall weigh the burdens on the patient of initiating or continuing life-sustaining treatment against the benefits of that treatment. "Qualifie d health care practitioner" means an individual who has p ersonally examined the patient and who is licensed in I llinois or in the state where the patient is being treat ed and who is a physician, advanced practice registered nurse, physician assistant, or resident with at least on e year of graduate or specialty training who holds a tempor ary license to practice medicine and is enrolled in a residency program accredited by the Liaison Committee on G raduate Medical Education or the Bureau of Professional Education of the Ame rican Osteopathic Association. " Physician" means a physician licensed to practice medicine in all its branches in this State or in the state where the patient is being t reated. "Surrogate decision maker" means an adult individual or individuals who (i) have decisional ca pacity, (ii) are available upon reasonable inquiry, (iii) a re willing to make medical treatment decisions on behalf of a patient who lacks decisional capacity, and (iv) are ide ntified by the attending physician in accordance with the pro visions of this Act as the pe rson or persons who are to make those decisions in accord ance with the provisions of this Act.(Source: P. A. 102-140, eff. 1-1-22; 102-182, eff. 7 -30-21; 102-744, eff. 5-6- 22; revised 7-24-24.) Section 1160. T he Landlord and Tenant Act is amended by setting forth a nd renumbering multiple versions of Section 25 as follows : (765 ILCS 705/25) S ec. 25. Disclosure of pote ntial flooding in rental and lease agreements. (a) As used in this Section:

"Flood" and "flooding" mean a general or t emporary condition of partial or complete inundation of a dwe lling or property caused by: (1) the overflow of inland or tidal waves; (2) the unusual and rapid accumulat ion of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or (3) r ainfall. "Lower-level unit" means any garden level unit, basement level unit, or first floor level unit. (b) Every landlord shall clearly disclose to each of the landlord's tenants in writing prior to signing the lease for the rental property that a rental property is locate d in the Federal Emergency Management Agency (FEMA) Special Flood Hazard Area ("100-year floodplain") and if the landlord has actual knowledge that the rental proper ty or any portion of the parking areas of the real property containing the rental pro perty has been subjected to flooding and the frequenc y of such flooding. Such disclosure shall also b e included in the written lease or the written rene wal lease and shall be signed by both parties. (c) Every landlord who leases a lower-l evel unit shall clearly disclose to each of the landlord's lower-level u nit tenants in writing prior to the signing of the lease f or the lower-level unit if the lower-level unit or any portion of the real property containing the lower-le vel unit has experienced flooding in th e last 10 years and shall disclose the frequency of such floodi ng. Such disclosure shall also be included in the written lease or the written renewal lease and shall be signed by both parties. (d) The written disclosure shall look substantially similar to the following: "(Landlord) [ ] is or [ ] is not aware that the rental property is located in a FEMA Special Flood Hazard Area ("1 00-year floodplain"). The property has experienced flo oding [ ] times in the last 10 years. Even if the rental prop erty is not in a Special Flood Hazard Area ("100-year f loodplain"), the dwelling may still be susceptible to floodin g. The Federal Emergency Management Agency (FEMA) maintains a f lood map on its Internet website tha t is searchable by address, at no cost, to determine if a dwe lling is located in a flood hazard area. (Landl ord) [ ] is or [ ] is not aware that the rental property you are renting has flooded at least once in the last 10 years. The rental prop erty has flooded [ ] times in the last 10 years. Even if the dwellin g has not flooded in the last 10 years, the dwelling may still be susceptible to flooding. Most tenant i nsurance policies do not cover damage or loss incurred in a flood. You are encouraged to examine your p olicy to determine whether you are covered. If you a re not, flood insurance may be available thro ugh FEMA's National Flood Insurance Program to cover yo ur personal property in the event of a flood. Informatio n regarding flood risks can be found at the dnr.illinois.gov (Illinoi s Department of Natural Resources), fema.gov (FEMA), and ready. gov/flood (U.S. National public service). Landl ords are required to disclose the above information pursuant to Section 25 of the Landlord and Tenant Act. A landlord's fai lure to comply with Section 25 of the Landlord and Tenant Act shall entitle the tenant to remedies as defined in that Se ction. .......................... (Tenant Signature) (Date) ......................... . (Landlord Signature) (Date)" (e) If a landlord fails to comply with subsection (b), an d the tenant subsequently becomes aware that the property is located in the F EMA Special Flood Hazard Area ("100-year floodplain") the tenant may terminate the lease by giving written notice of termination to the landlord no later than the 30th day afte r a tenant becomes aware of the landlord's failure to com ply with subsection (b), and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice. If a landlord fails to comply with subsection (b) or subsection (c) and flooding occurs that results in damage to the tenant's personal property, affects the habitability of the leased property, or affects the tenant's access t o the leased property, the tenant may: (1) terminate the lease by giving written notice to the landlord no later than the 30 th day after the flood occurred and the landlo rd shall return all rent and fees paid in adv ance no later than the 15th day after the tena nt gave notice; and (2) bring an action against the landlord of the prop erty to recover damages for personal property lost or damag ed as a result of flooding. (e) Exemptions. This Section does not apply to farm leases, concession lea ses, and rental properties owned or managed by the Departmen t of Natural Resources. (f) This Section may not be interpreted to permit the renting, leasing, or subl easing of lower-level units in a municipality if the munic ipality does not permit the renting, leasing, or subl easing of such units.(Source: P.A. 103 -754, eff. 1-1-25; revised 12-1-24.) (765 ILCS 705/30) Sec. 30 25. Reusable tenant s creening report. (a) Definitions. In this Section: "Applicat ion screening fee" means a request by a landlord for a fee t o cover the costs of obtaining information abo ut a prospective tenant. "Consumer r eport" has the same meaning as defined in Section 1681a of Title 15 of the United States Code. "Consumer credit reporting agency" means a person which, for monetary fees, dues, or on a cooperative nonpr ofit basis, regularly engages in whole or in part in the practice o f assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties and that uses any means or facility of interstate commerce for the purpose of p reparing or furnishing consumer reports. "Reusable tenant screening report" means a written report, prepared by a consume r credit reporting agency, that prominently states the date through which the information contained in the report is current and includes, but is not limited to, all of the following information regarding a prospective tenant: (A) the name of the prospective tenant; (B) the contact information for the prospective tenant ; (C) a verification of source of income of the pr ospective tenant; (D) the last known address of the prospective tenant; and (E) the results of an eviction h istory check of the prospective tenant in a manner and fo r a period of time consistent with applicable law related to t he consideration of eviction history in housing.

(b) Providing a reusable tenant screening report.

(1) If a prospective tena nt provides a reusable tenant screening report tha t meets the following criteria, the landlord may not charge the prospective tenant a fee to access the report or an application screening fee. Those criteria include the following: (A) the report was prepared within the previous 30 days by a cons umer credit reporting agency at the request and e xpense of a prospective tenant; (B) the report is made directly available to a landlord for use in t he rental application process or is p rovided through a third-party website that regularly engages in the business of providing a reusable tenant screening report and complies with all State and fe deral laws pertaining to use and disclosu re of information contained in a consumer report by a consum er credit reporting agency; (C) the report is available to the la ndlord at no cost to access or use; and (D) the report includes all of the criteria consistently being used by the landlord in the screening of prospective tenants . (2) A landlord may require an applicant to state that there has not been a material change to the information in the reusable tenant screening report. (c) If an ordinance, res olution, regulation, administrative action, initiative, or othe r policy adopted by a unit of local government or county conflicts with this Act, the policy that provides greater protectio ns to prospective tenants applies. (d) No thing in this Section prohibits a landlord from collec ting and processing an application in addition to the report provided, as long as the prospective tena nt is not charged an application screening fee for this additional report. (Source: P .A. 103-840, eff. 1-1-25; revise d 12-3-24.) S ection 1165. The Landlord Retaliation Act is amended by changing Section 20 as follows: (765 ILCS 721/20) Sec. 20. Rebuttable presumption. In an action by or against the tenant, if with in one year before the alleged act of retalia tion there is evidence that the retaliation was against the tenant's conduct that is protected under this Act, that evidence creates a rebuttable presumption that th e landlord's conduct was retaliator y. The presumption does not arise if the protected ten ant activity was initiated after the alleged act of retaliat ion.(Source: P.A. 103-831, eff. 1-1-25; revised 10-23-24.) Section 1170. The Mobile Home Landlord and Tenant Rights Act is amended by changing Section 17 as f ollows: (765 ILCS 745/17) (from Ch. 80, par. 217) Sec. 17. Notice required by Law. The following notice shall be printed verbatim in a clear and conspicuous manner in ea ch lease or rental agreement of a mobile home or lot: "IMPORTANT NOTICE REQUIRED BY LAW: The rules set forth below govern the terms of your lease of occupancy arrange ment with this mobile home park. The law requires all of these rules and regulations to be fair and reasonable, and i f not, such rules and regulations cannot be enforced against yo u. As required by law, t he park must be licensed to operate a mobile home park either by either the State of Illinois Department of Public Health or applicable home rule jurisdiction. Pursuant to the Mobile Home Park Act, this license shall expire April 30 of each year, a nd a new license shall be issued upon proper application and payment of the annual license fee. You may continue to reside in the park as long as you pay your rent and abide by the rules and regulations of the park. You may only be evicted for non-payment of rent, violation of laws, or for violation of the rules and regul ations of the park and the terms of the lease. If this park requires you to deal exclusively with a certain fuel dealer or other merchant for goods or service in connection with the use or occupancy of your mobile home or on your mo bile home lot, the price you pay for such goods or service s may not be more than the prevailing price in this localit y for similar goods and services. You may n ot be evicted for reporting any violatio ns of law or health and building codes to boards of health, building commissioners, the Office department of the Attorney General, or any other appropriate government agency.". (Source: P.A. 103-630, eff. 1-1-25; revised 10-24-24.) Section 1175. The Right of Publicity Ac t is amended by changing Section 20 as follows: (7

65 ILCS 1075/20) Sec. 20. Enforcement of rights and remedies. (a) The rights and remedies set forth in this Act may be exercised and enforced by: (1) an individual or his or her auth orized representative; ( 2) a person to whom the recognized rights have been transfe rred by written transfer under Section 15 of this Act; or (3) after the death of an individual who has not transferred the recognized rights by writt en transfer under this Act, any person or persons that possess who possesses an interest in those rights. (a-5) In addition to the enforcement of rights and remedies in subsection (a), the rights and remedies set forth in this Act may, in the case of an individual who is a recording artist, be enforced by: (1) the individual who is the recording artist; or (2) a person who has entered into a contract f or the individual's exclusive personal services as a recording artist or who has entered into a contract for a n exclusive license to distribute sound recordings that c apture the recording artist's audio performances. (b) Each person described in paragra ph (3) of subsection (a) shall make a proport ional accounting to, and shall act at all times in good fai th with respect to, any other person in whom the rights b eing enforced have vested.(Source: P.A. 103-836, eff. 1-1-2 5; revised 10-23-24.)

Section 1180. The Illinois Human Rights Act i s amended by changing Sections 2-101, 2-102, 2-108, and 3-106 as follows: (775 ILCS 5/2-101) (Text of Section before amendment by P.A. 103-804) Sec. 2-101. Definitions. The following de finitions are applicable strictly in the context of this Article. (A) Employee. (1) "Employee" includes: (a) Any individual performing serv ices for remuneration within this State for an employer; (b) An apprentice; (c) An applicant for any apprenticeship. For purposes of subsection (D) of Section 2-102 of this Act, "employee" also includes an unpaid intern. An unpaid intern is a person who performs work fo r an employer under the following circumstances: (i) the employer is not committed to hiring the person performing the work at the conclusion of the intern's tenure;

(ii) the employer and the person performing the work agree that the person is not entitled to wages for the work performed; and (iii) the work performed: (I) supp lements training given in an educational environment that may enhance the employability of the intern; (II) provides experienc e for the benefit of the person performing the work; (III) does not displace regular employees; ( IV) is performed under the close supervision of existing staff; and (V) provides no immediate adv antage to the employer providing the training and may oc casionally impede the operations of the employer. (2) "Employee" does not include: (a) (Blank); (b) Individuals employ ed by persons who are not "employers" as defin ed by this Act; (c) Elected public officials or the members of their immedi ate personal staffs; (d) Principal administrative officers of the State or of a ny political subdivision, municipal corporation or othe r governmental unit or agency; (e) A person in a vocational re habilitation facility certified under federal law who has been designated an evaluee, trainee, or work activity client. (B) Employer. (1) "Employer" includes: (a) Any person employing one or more employees within Illinois during 20 or mo re calendar weeks within the calendar year of or preceding th e alleged violation; (b) Any person emplo ying one or more employees when a compla inant alleges civil rights violation due to unlawful discrimination based upon his or her physical or mental disability un related to ability, pregnancy, or sexual harassment; (c) The State and any political subdivision, municipal corporation or other governmental u nit or agency, without regard to the number of employees; (d) Any party to a public contract without regard to the number of employees; (e) A joint apprenticeship or training committee without regard to the number of empl oyees. (2) "Emp loyer" does not include any place of worship, rel igious corporation, associ ation, educational institution, society, or

nonprofit non-profit nursing institution conducted by and for those who rely upon treatment by prayer through spiritu al means in accordance with the tenets of a recognize d church or religious denomination with respect to the employment of individuals of a particular re ligion to perform work connected with the carrying on by such place of worship, corporation, associatio n, educational institution, society, or nonprofit non-prof it nursing institution of its activities. (C) Employment Agency. "Employment A gency" includes both public and private employment agencies and any person, labo r organization, or labor union having a hiring hall or hiring office regularly undertaking, with or without compensatio n, to procure opportunities to work, or to procure, recruit, refer, or place employees. (D) Labor Organization. "Labor Organization " includes any organization, labor union, craft union, or any voluntary unincorporated association designed to further the cause of the rights of union labor which is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with em ployers concerning grievances, terms or conditions o f employment, or apprenticeships or applications for appren ticeships, or of other mutual aid or protection in conne ction with employment, including apprenticeships or app lications for apprenticeships. (E) Sexual Harassment. "Sexua l harassment" means any unwelcome sexual advances or requests for sexual favors or any co nduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employme nt, (2) submission to or rejection of such conduct by an ind ividual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an indiv idual's work performance or creating a n intimidating, hostile, or offensive w orking environment. For purposes of thi s definition, the phrase "working environment" is not limite d to a physical location an employee is assigned to per form his or her duties. (E-1) Harass ment. "Harassment" means any unwelcome conduct on the b asis of an individual's actual or perceived race, color, reli gion, national origin, ancestry, age, sex, marital status, or der of protection status, disability, military status, se xual orientation, pregnancy, unfavorable discharge f rom military service, citizenship status, work author ization status, or family responsibilities that has the purpose or effect of substantially interfering with the individual's w ork performance or creating an intimidating, hostile, or offens ive working environment. For purposes of this definition, the phrase "working environment" is not limited to a physic al location an employee is assigned to perform his or her du ties. (F) Religion. "Religion" with respect t o employers includes all aspects of religious observa nce and practice, as well as belief, unless an employer demonstrates that he is unable to reas onably accommodate an employee's or prospective emplo yee's religious observance or practice without undue hardship o n the conduct of the employer's business. ( G) Public Employer. "Public employer" means the State, an agency or department thereof, unit of local government, school di strict, instrumentality or political subdivision.

(H) Public Employee. "Public employee" means an emp loyee of the State, agency or department thereof, unit of loc al government, school district, instrumentality or political s ubdivision. "Public employee" does not include public offic ers or employees of the General Assembly or agencies thereof. (I) Public Officer. "Public officer" means a p erson who is elected to office pursuant to the Constitutio n or a statute or ordinance, or who is appointed to an off ice which is established, and the qualifications and duties of which are prescrib ed, by the Constitution or a statute or ordinance, to discharge a public duty for the State, agency or department thereof, unit of local government, school district, instru mentality or political subdivision. (J) Elig ible Bidder. "Eligible bidder" means a person who, prior t o contract award or prior to bid opening for State contracts for const ruction or construction-related services, has filed w ith the Department a properly completed, sworn and currently va lid employer report form, pursuant to the Department's regulations. Th e provisions of this Article relating to eligible bidders apply only to bids on contracts with the State and its de partments, agencies, boards, and commissions, and the prov isions do not apply to bids on contracts with units of local government or school districts. (K ) Citizenship Status. "Citi zenship status" means the status of being: (1) a born U.S. citizen; (2) a naturalized U.S. citizen; (3) a U.S. national; or

(4) a person born outside the Uni ted States and not a U.S. citizen who is lawfully present an d who is protected from discrimination under the pro visions of Section 1324b of Title 8 of the United States Cod e, as now or hereafter amended. (L) Work Authorization Status. "Work authorization status" means th e status of being a person born outside of the United States, and n ot a U.S. citizen, who is authorized by the federal government to work in the United States. (M) F amily Responsibilities. "Family responsibilities" means a n employee's actual or perceived provision of personal care t o a family member. As used in this definition: (1) "Personal care" has the mean ing given to that term in the Employee Sick Leave Act. (2) "Family member" has the meaning given to the term "covered family member" in the Employ ee Sick Leave Act. (Source: P.A. 102-23 3, eff. 8-2-21; 102-558, eff. 8-20-21 ; 102-1030, eff. 5-27-22; 103-797, eff. 1-1-25; revised 10-7-24.) (Text of Section after amendm ent by P.A. 103-804) Sec. 2-101. Definitions. The following definitions are applicable strictly in the context of this Art icle. (A) Employee. (1) "Employee" includes: (a) Any individual performing services f or remuneration within this State for an employer; (b) An apprentice; (c) An applicant for any apprenticeship. For purposes of subsection (D) of Sect ion 2-102 of this Act, "employee" also includes an unp aid intern. An unpaid intern is a person who performs work for an emplo yer under the following circumstances: (i) the employe r is not committed to hiring the person performing the work at the conclusion of the inter n's tenure; (ii ) the employer and the person performing the work agree that the person is not entitled to wages for the work performed; and (iii) the work performed: (I) supp lements training given in an educational environment that may enhance the employability of the intern; (II) provides experienc e for the benefit of the person performing the work; (III) does not displace regular employees; ( IV) is performed under the close supervision of existing staff; and (V) provides no immediate adv antage to the employer providing the training and may oc casionally impede the operations of the employer. (2) "Employee" does not include: (a) (Blank); (b) Individuals employ ed by persons who are not "employers" as defin ed by this Act; (c) Elected public officials or the members of their immedi ate personal staffs; (d) Principal administrative officers of the State or of a ny political subdivision, municipal corporation or othe r governmental unit or agency; (e) A person in a vocational re habilitation facility certified under federal law who has been designated an evaluee, trainee, or work activity client. (B) Employer. (1) "Employer" includes: (a) Any person employing one or more employees within Illinois during 20 or mo re calendar weeks within the calendar year of or preceding th e alleged violation; (b) Any person emplo ying one or more employees when a compla inant alleges civil rights violation due to unlawful discrimination based upon his or her physical or mental disability un related to ability, pregnancy, or sexual harassment; (c) The State and any political subdivision, municipal corporation or other governmental u nit or agency, without regard to the number of employees; (d) Any party to a public contract without regard to the number of employees; (e) A joint apprenticeship or training committee without regard to the number of empl oyees. (2) "Emp loyer" does not include any place of worship, rel igious corporation, associ ation, educational institution, society, or

nonprofit non-profit nursing institution conducted by and for those who rely upon treatment by prayer through spiritu al means in accordance with the tenets of a recognize d church or religious denomination with respect to the employment of individuals of a particular re ligion to perform work connected with the carrying on by such place of worship, corporation, associatio n, educational institution, society, or nonprofit non-prof it nursing institution of its activities. (C) Employment Agency. "Employment A gency" includes both public and private employment agencies and any person, labo r organization, or labor union having a hiring hall or hiring office regularly undertaking, with or without compensatio n, to procure opportunities to work, or to procure, recruit, refer, or place employees. (D) Labor Organization. "Labor Organization " includes any organization, labor union, craft union, or any voluntary unincorporated association designed to further the cause of the rights of union labor which is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with em ployers concerning grievances, terms or conditions o f employment, or apprenticeships or applications for appren ticeships, or of other mutual aid or protection in conne ction with employment, including apprenticeships or app lications for apprenticeships. (E) Sexual Harassment. "Sexua l harassment" means any unwelcome sexual advances or requests for sexual favors or any co nduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employme nt, (2) submission to or rejection of such conduct by an ind ividual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an indiv idual's work performance or creating a n intimidating, hostile, or offensive w orking environment. For purposes of thi s definition, the phrase "working environment" is not limite d to a physical location an employee is assigned to per form his or her duties. (E-1) Harass ment. "Harassment" means any unwelcome conduct on the b asis of an individual's actual or perceived race, color, reli gion, national origin, ancestry, age, sex, marital status, or der of protection status, disability, military status, se xual orientation, pregnancy, unfavorable discharge f rom military service, citizenship status, work author ization status, or family responsibilities that has the purpose or effect of substantially interfering with the individual's w ork performance or creating an intimidating, hostile, or offens ive working environment. For purposes of this definition, the phrase "working environment" is not limited to a physic al location an employee is assigned to perform his or her du ties. (F) Religion. "Religion" with respect t o employers includes all aspects of religious observa nce and practice, as well as belief, unless an employer demonstrates that he is unable to reas onably accommodate an employee's or prospective emplo yee's religious observance or practice without undue hardship o n the conduct of the employer's business. ( G) Public Employer. "Public employer" means the State, an agency or department thereof, unit of local government, school di strict, instrumentality or political subdivision.

(H) Public Employee. "Public employee" means an emp loyee of the State, agency or department thereof, unit of loc al government, school district, instrumentality or political s ubdivision. "Public employee" does not include public offic ers or employees of the General Assembly or agencies thereof. (I) Public Officer. "Public officer" means a p erson who is elected to office pursuant to the Constitutio n or a statute or ordinance, or who is appointed to an off ice which is established, and the qualifications and duties of which are prescrib ed, by the Constitution or a statute or ordinance, to discharge a public duty for the State, agency or department thereof, unit of local government, school district, instru mentality or political subdivision. (J) Elig ible Bidder. "Eligible bidder" means a person who, prior t o contract award or prior to bid opening for State contracts for const ruction or construction-related services, has filed w ith the Department a properly completed, sworn and currently va lid employer report form, pursuant to the Department's regulations. Th e provisions of this Article relating to eligible bidders apply only to bids on contracts with the State and its de partments, agencies, boards, and commissions, and the prov isions do not apply to bids on contracts with units of local government or school districts. (K ) Citizenship Status. "Citi zenship status" means the status of being: (1) a born U.S. citizen; (2) a naturalized U.S. citizen; (3) a U.S. national; or

(4) a person born outside the Uni ted States and not a U.S. citizen who is lawfully present an d who is protected from discrimination under the pro visions of Section 1324b of Title 8 of the United States Cod e, as now or hereafter amended. (L) Work Authorization Status. "Work authorization status" means th e status of being a person born outside of the United States, and n ot a U.S. citizen, who is authorized by the federal government to work in the United States. (M) F amily Responsibilities. "Family responsibilities" means a n employee's actual or perceived provision of personal care t o a family member. As used in this definition: (1) "Personal care" has the mean ing given to that term in the Employee Sick Leave Act. (2) "Family member" has the meaning given to the term "covered family member" in the Employ ee Sick Leave Act. (N)

(M) Artificial Intelligence. "Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it r eceives, how to generate outputs such as predictions, cont ent, recommendations, or decisions that can influence phys ical or virtual environments. "Artificial intelligence" in cludes generative artificia l intelligence. (O) (N) Generative Artificial Intelligence. "Generative artificial intelligence" means an automated computing system that, when prompted with human prompts, descriptio ns, or queries, can produce outputs that simulate human -produced content, including, but not limited to, the fo llowing: (1) textual outputs, such as short answers, essays, poetry, or longer com positions or answers; (2) image outputs, such as fine art, ph otographs, conceptual art, diagrams, and other images; (3) mu ltimedia outputs, such as audio or video in the form of comp ositions, songs, or short-form or long-form audio or video; and (4) other content that would be otherwise produced by human means. (Source: P.A. 102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff. 5-27-22; 103-797, eff. 1-1-25; 103-8 04, eff. 1-1-26; revised 11-26-24.) (77

5 ILCS 5/2-102) (Text of Section before amendment by P.A. 103-804)

Sec. 2-102. Civil righ ts violations; employment violati ons - employment. It is a civil rights violation: (A) Employers. For any employer to refuse to hire, to segregate, to engage in harassment as defined in subsec tion (E-1) of Section 2-101, or to act with respec t to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenur e or terms, privileges or conditions of employment on the basis of unlawful discrimination, citizenship status, work authorization stat us, or family responsibilities. An employer is responsible for harassment by the employer's nonmanager ial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reaso nable corrective measures. (A-5) Langua ge. For an employer to impose a restriction that has the effect of prohibiting a language from being spoken by an employee in communicati ons that are unrelated to the employee's duties. For the purposes of this subdivision (A-5) , "language" means a person's native tongue, such as Polish, Spanish, or Chinese. "Language" does not include such things as slang, jargon, profanity, or vulgarity. (A-10) Harass ment of nonemployees. For any employer, employment agency, or labor or ganization to engage in harassment of nonemployees in the workplace. An employer is responsible for harassment of nonemployees by the employer's nonmanagerial and nonsu pervisory employees only if the employer becomes awa re of the conduct and fails to take reasonable corrective measures. For the purposes of this subdivision ( A-10), "nonemployee" means a person who i s not otherwise an employee of the employer and is dir ectly performing services for the employer pursuan t to a contract with that employer. "Nonemployee" i ncludes contractors and consultants. This subdivision ap plies to harassment occurring on or after January 1, 2020 (the effective date of Publi c Act 101-221) this amendatory Act of the 101st General Assembly. (B) Employment agency. For any employment agency t o fail or refuse to classify properly, accept applicati ons and register for employment referral or apprenticeship referral, refer for employment, or refer for apprenticeship on the basis of unlawful discrimination, citizenship status, work aut horization status, or family responsibilities or to accep t from any person any job order, requisition or reque st for referral of applicants for employment or apprentices hip which makes or has the effect of making unlawful discr imination or discrimination on the basis of citizenship s tatus, work authorization status, or family r esponsibilities a condition of referral. (C) Labor organization. For any la bor organization to limit, segregate or classify its m embership, or to limit employment opportunities, selectio n and training for apprenticeship in any trade or craft, or otherwise to take, or fail to take, any action which affects adversely any person's status as an employee or as an applicant for employment or as an apprentice, or as an applicant fo r apprenticeships, or wages, tenure, hours of employment o r apprenticeship conditions on the basis of unlawful disc rimination, citizenship status, work authorization stat us, or family responsibilities. (D) Sexual harassment. For any emp loyer, employee, agent of any employer, employment agency or labor organization to engage in sexual harassment; provided, that an employer shall be responsible for sexu al harassment of the employer's employees by nonemployee s or nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable correc tive measures.

(D-5) Sexual harassment of nonemp loyees. For any employer, employee, agent of any employer, e mployment agency, or labor organization to engage in sexu al harassment of nonemployees in the workplace. An em ployer is responsible for sexual harassment of nonempl oyees by the employer's nonmanagerial and nonsupervisory e mployees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures. For the purposes of this subdivision (D-5), "nonemployee " means a person who is not otherwise an employee o f the employer and is directly performing services for the employer pursuant to a contract with that employer. "Nonemplo yee" includes contractors and consultants. This subdivisi on applies to sexual harassment occurring on or af ter January 1, 2020 (the effective d ate of Public Act 101-221) this amendatory Act of the 101st General As sembly. (E) Public employers. For any public employer to refus e to permit a public employee under its jurisdiction who take s time off from work in order to practice his or her religiou s beliefs to engage in work, during hours other than s uch employee's regular working hours, consistent w ith the operational needs of the employer and in order to compensate for work time lost for such religious reason s. Any employee who elects such deferred work shall be com pensated at the wage rate which he or she would have e arned during the originally scheduled work period. The employer may require that an employee who plans to take time of f from work in order to practice his or her religious be liefs provide the employer with a notice of his or he r intention to be absent from work not exceeding 5 days p rior to the date of absence. (E-5) Religious discrimination. For any employer to i mpose upon a person as a condition of obtaining or retaining employment, including opportunities for pr omotion, advancement, or transfer, any terms or conditions that would require such person to violate or forgo a sincerely held practice of his o r her religion including, but not limited to, the wearing of any attire, clothing, or facial hair in accordance wit h the requirements of his or her religion, unless, aft er engaging in a bona fide effort, the employer de monstrates that it is unable to reasonably accommodate the employee's or prospective employee's sincerely hel d religious belief, practice, or observance without undue hardship on the conduct of the employer's business. Nothing in this Section p rohibits an employer from enacting a dress code or gro oming policy that may include restrictions on attire, clot hing, or facial hair to maintain workplace safety or food sanitation. (F) T raining and apprenticeship programs. For any employer, employment agency or labor organization to discriminate against a person on the basis of age in the selection, referral for or conduct of apprenticeship or training programs. (G) Immigration-relat ed practices.

(1) for an employer to request for purposes of satisfyi ng the requirements of Section 1324a(b) of Title 8 of the United States Code, as now or hereafter amended, more or different documents than are required unde r such Section or to refuse to honor documents tendered th at on their face reasonably appear to be genuine or to refu se to honor work authorization based upon the specific stat us or term of status that accompanies the authorizatio n to work; or (2) for an employer participating in the E-Verify Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot Programs for Em ployment Eligibility Confirmation (enacted by PL 104 -208, div. C title IV, subtitle A) to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or appr enticeship, discharge, discipline, tenure or terms, privi leges or conditions of employment without following the procedures under the E-Verify Program. (H) (Blank). (I) Pregnancy. For an employer to refuse to hire, to se gregate, or to act with respect to recruitment, hir ing, promotion, renewal of employment, selection for tr aining or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment o n the basis of pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth. W omen affected by pregnancy, childbirth, or medic al or common conditions related to pregnancy or childbirth shall be tre ated the same for all employment-related purposes, including r eceipt of benefits under fringe benefit programs, as ot her persons not so affected but similar in their ability or inability to work, regardless of the source of the inability to work or employment classification or status . (J) Pregnancy; re asonable accommodations. (1) If after a job applicant or employee, including a part-time, full-time, or pro bationary employee, requests a reasonable accommodation, for an employer to not make reasonable accommodat ions for any medical or common condition of a job applicant or employee related to pregnancy or childbirth, unless th e employer can demonstrate that the accommodation would i mpose an undue hardship on the ordinary operation of the bu siness of the employer. The employer may request docume ntation from the employee's health care provider concer ning the need for the requested reasonable accommodati on or accommodations to the same extent documentation i s requested for conditions related to disability if the employer's request for documentation is job-related and consistent with business necessity. The employer m ay require only the medical justification for the requested accommodation or accommodations, a description of the reasonable accommodation or accommodations medically advisable, the date the reasonable accommodation or accommodations became medically advisable, and the probable duration of the reasonable accommodation or accommoda tions. It is the duty of the individual seeking a reasonable a ccommodation or accommodations to submit to the employ er any documentation that is requested in accordance wi th this paragraph. Notwithstanding the provisions of this paragraph, the employer may require document ation by the employee's health care provider to dete rmine compliance with other laws. The employee and employer shall engage in a timely, good fai th, and meaningful exchange to determine effective reas onable accommodations. (2) For an employer to deny employment opportunities or benefits to or take adverse acti on against an otherwise qualified job applicant or employee, including a part-time, full-t ime, or probationary employee, if the denial or adver se action is based on the need of the employer to make reasonable accommodations to the know n medical or common conditions related to the p regnancy or childbirth of the applicant or employ ee. (3) F or an employer to require a job applicant or employee, including a part-time, full-time, or prob ationary employee, affected by pregnancy, ch ildbirth, or medical or common conditions related to pregnancy or childbirth to accept an accommo dation when the applicant or employee did not reques t an accommodation and the applicant or employee choose s not to accept the employer's accommodation. (4) For an employer to require an employee, including a part-time, fu ll-time, or probationary employee, to take leave under any leave law or policy of the employe r if another reasonable accommodation can be provid ed to the known medical or common conditions related to the pregnancy or childbirth of an employee. No employer shall fail or refuse to reinstate the employee affected by pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth to her or iginal job or to an equivalent position with e quivalent pay and accumulated seniority, retirement, fringe benefits, and other applicable service credits up on her signifying her intent to return or when her need for re asonable accommodation ceases, unless the employer can demo nstrate that the accommodation would impose an undue hardship on the ordinary operation of the busine ss of the employer. For the purposes of this subdivision (J), "rea sonable accommodations" means reasonable modificatio ns or adjustments to the job application process or work environment, or to the manner or circumstances under which the position desired or held is customarily performed, that enable an appli cant or employee affected by pregnancy, childbirth, or medical or common conditions related to pregnancy o r childbirth to be considered for the position the applicant desires or to perform the essential fun ctions of that position, and may include, but is not limited to: more frequent or longer bathro om breaks, breaks for increased water intake, and break s for periodic rest; private non-bathroom space for expressing breast milk and breastfeedin g; seating; assistance with manual labor; light duty ; temporary transfer to a less strenuous or ha zardous position; the provision of an accessible work site; acquisition or modification of equipment; job r estructuring; a part-time or modified work schedu le; appropriate adjustment or modifications of e xaminations, training materials, or policies; reassignm ent to a vacant position; time off to recover from condition s related to childbirth; and leave necessitated by pregnancy, childbirth, or medical or common condit ions resulting from pregnancy or childbirth. For the purposes of this subdivisi on (J), "undue hardship" means an action that is prohibitively expensive or disruptive when considered i n light of the following factors: (i) the nature and cos t of the accommodation needed; (ii) the overall finan cial resources of the facility or facilities involved in th e provision of the reasonable accommodation, the num ber of persons employed at the facility, the effect on exp enses and resources, or the impact otherwise of the accommodati on upon the operation of the facility; (iii) the overall financial resources of the employer, the overall size of the business of the employer with respect to the n umber of its employees, and the number, type, and lo cation of its facilities; and (iv) the type of operation or opera tions of the employer, including the composition, str ucture, and functions of the workforce of the e mployer, the geographic separateness, administrative, o r fiscal relationship of the facility or faciliti es in question to the employer. The employer has the burden of proving undue hardship. The fact that the employer provides or would be requi red to provide a similar accommodation to similarly sit uated employees creates a rebuttable presumption that the accommodation does not impose an undue hardship on the e mployer. No employe r is required by this subdivision (J) to create addi tional employment that the employer would not otherwise have created, unless the employer does so or would do so for other classes of employees who need accommodation. The employer is not required to discharge any employee , transfer any employee with more seniority, or promote any employee who is not qualified to perform the j ob, unless the employer does so or would do so to accommoda te other classes of employees who need it. (K) Notice. (1) For an employer to fail to post or keep posted in a conspicuous location on the premises of t he employer where notices to employees are customarily p osted, or fail to include in any employee handbook infor mation concerning an employee's rights under this Article, a notice, to be prepared or approved by the Department, summarizing the requirements of this Article and infor mation pertaining to the filing of a charge, includi ng the right to be free from unlawful discrimination, t he right to be free from sexual harassm ent, and the right to certain reasonable accommodations. The Department shall make the documents required under th is paragraph available for retrieval from the Departmen t's website. (2) Upon notification of a violation of paragraph (1) of this subdivision (K), the Department may launch a prel iminary investigation. If the Department finds a violati on, the Department may issue a notice to show cause giv ing the employer 30 days to correct the violation. If the violation is not correc ted, the Department may initiate a charge of a civil rights violation. (Source: P.A. 102- 233, eff. 8-2-21; 103-797, eff. 1-1-25; revised 10-7-24.) (Text of Section af ter amendment by P.A. 103-804) Sec. 2-102. Civil rights violations; employment violations - employment. It is a civil rig hts violation: (A) Employers. For any employer to refuse to hire, to segregate, to engage in harassment as define d in subsection (E-1) of Section 2-101, or to act with resp ect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, di scipline, tenure or terms, privileges or conditions of employment on the basis of unlawful discrimination, c itizenship status, work authorization status, or family responsibilities. An employer is responsibl e for harassment by the employer's nonmanagerial an d nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective mea sures. (A-5) Language. For an employer to impose a restriction that has the effect of prohibiting a language from being spoken by an employee in communicati ons that are unrelated to the employee's duties. For the purposes of this subdivision (A-5) , "language" means a person's native tongue, such as Polish, Spanish, or Chinese. "Language" does not include such things as slang, jargon, profanity, or vulgarity. (A-10) Harass ment of nonemployees. For any employer, employment agency, or labor or ganization to engage in harassment of nonemployees in the workplace. An employer is responsible for harassment of nonemployees by the employer's nonmanagerial and nonsu pervisory employees only if the employer becomes awa re of the conduct and fails to take reasonable corrective measures. For the purposes of this subdivision ( A-10), "nonemployee" means a person who i s not otherwise an employee of the employer and is dir ectly performing services for the employer pursuan t to a contract with that employer. "Nonemployee" i ncludes contractors and consultants. This subdivision ap plies to harassment occurring on or after January 1, 2020 (the effective date of Publi c Act 101-221) this amendatory Act of the 101st General Assembly. (B) Employment agency. For any employment agency t o fail or refuse to classify properly, accept applicati ons and register for employment referral or apprenticeship referral, refer for employment, or refer for apprenticeship on the basis of unlawful discrimination, citizenship status, work aut horization status, or family responsibilities or to accep t from any person any job order, requisition or reque st for referral of applicants for employment or apprentices hip which makes or has the effect of making unlawful discr imination or discrimination on the basis of citizenship s tatus, work authorization status, or family r esponsibilities a condition of referral. (C) Labor organization. For any la bor organization to limit, segregate or classify its m embership, or to limit employment opportunities, selectio n and training for apprenticeship in any trade or craft, or otherwise to take, or fail to take, any action which affects adversely any person's status as an employee or as an applicant for employment or as an apprentice, or as an applicant fo r apprenticeships, or wages, tenure, hours of employment o r apprenticeship conditions on the basis of unlawful disc rimination, citizenship status, work authorization stat us, or family responsibilities. (D) Sexual harassment. For any emp loyer, employee, agent of any employer, employment agency or labor organization to engage in sexual harassment; provided, that an employer shall be responsible for sexu al harassment of the employer's employees by nonemployee s or nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable correc tive measures.

(D-5) Sexual harassment of nonemp loyees. For any employer, employee, agent of any employer, e mployment agency, or labor organization to engage in sexu al harassment of nonemployees in the workplace. An em ployer is responsible for sexual harassment of nonempl oyees by the employer's nonmanagerial and nonsupervisory e mployees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures. For the purposes of this subdivision (D-5), "nonemployee " means a person who is not otherwise an employee o f the employer and is directly performing services for the employer pursuant to a contract with that employer. "Nonemplo yee" includes contractors and consultants. This subdivisi on applies to sexual harassment occurring on or af ter January 1, 2020 (the effective d ate of Public Act 101-221) this amendatory Act of the 101st General As sembly. (E) Public employers. For any public employer to refus e to permit a public employee under its jurisdiction who take s time off from work in order to practice his or her religiou s beliefs to engage in work, during hours other than s uch employee's regular working hours, consistent w ith the operational needs of the employer and in order to compensate for work time lost for such religious reason s. Any employee who elects such deferred work shall be com pensated at the wage rate which he or she would have e arned during the originally scheduled work period. The employer may require that an employee who plans to take time of f from work in order to practice his or her religious be liefs provide the employer with a notice of his or he r intention to be absent from work not exceeding 5 days p rior to the date of absence. (E-5) Religious discrimination. For any employer to i mpose upon a person as a condition of obtaining or retaining employment, including opportunities for pr omotion, advancement, or transfer, any terms or conditions that would require such person to violate or forgo a sincerely held practice of his o r her religion including, but not limited to, the wearing of any attire, clothing, or facial hair in accordance wit h the requirements of his or her religion, unless, aft er engaging in a bona fide effort, the employer de monstrates that it is unable to reasonably accommodate the employee's or prospective employee's sincerely hel d religious belief, practice, or observance without undue hardship on the conduct of the employer's business. Nothing in this Section p rohibits an employer from enacting a dress code or gro oming policy that may include restrictions on attire, clot hing, or facial hair to maintain workplace safety or food sanitation. (F) T raining and apprenticeship programs. For any employer, employment agency or labor organization to discriminate against a person on the basis of age in the selection, referral for or conduct of apprenticeship or training programs. (G) Immigration-relat ed practices.

(1) for an employer to request for purposes of satisfyi ng the requirements of Section 1324a(b) of Title 8 of the United States Code, as now or hereafter amended, more or different documents than are required unde r such Section or to refuse to honor documents tendered th at on their face reasonably appear to be genuine or to refu se to honor work authorization based upon the specific stat us or term of status that accompanies the authorizatio n to work; or (2) for an employer participating in the E-Verify Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot Programs for Em ployment Eligibility Confirmation (enacted by PL 104 -208, div. C title IV, subtitle A) to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or appr enticeship, discharge, discipline, tenure or terms, privi leges or conditions of employment without following the procedures under the E-Verify Program. (H) (Blank). (I) Pregnancy. For an employer to refuse to hire, to se gregate, or to act with respect to recruitment, hir ing, promotion, renewal of employment, selection for tr aining or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment o n the basis of pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth. W omen affected by pregnancy, childbirth, or medic al or common conditions related to pregnancy or childbirth shall be tre ated the same for all employment-related purposes, including r eceipt of benefits under fringe benefit programs, as ot her persons not so affected but similar in their ability or inability to work, regardless of the source of the inability to work or employment classification or status . (J) Pregnancy; re asonable accommodations. (1) If after a job applicant or employee, including a part-time, full-time, or pro bationary employee, requests a reasonable accommodation, for an employer to not make reasonable accommodat ions for any medical or common condition of a job applicant or employee related to pregnancy or childbirth, unless th e employer can demonstrate that the accommodation would i mpose an undue hardship on the ordinary operation of the bu siness of the employer. The employer may request docume ntation from the employee's health care provider concer ning the need for the requested reasonable accommodati on or accommodations to the same extent documentation i s requested for conditions related to disability if the employer's request for documentation is job-related and consistent with business necessity. The employer m ay require only the medical justification for the requested accommodation or accommodations, a description of the reasonable accommodation or accommodations medically advisable, the date the reasonable accommodation or accommodations became medically advisable, and the probable duration of the reasonable accommodation or accommoda tions. It is the duty of the individual seeking a reasonable a ccommodation or accommodations to submit to the employ er any documentation that is requested in accordance wi th this paragraph. Notwithstanding the provisions of this paragraph, the employer may require document ation by the employee's health care provider to dete rmine compliance with other laws. The employee and employer shall engage in a timely, good fai th, and meaningful exchange to determine effective reas onable accommodations. (2) For an employer to deny employment opportunities or benefits to or take adverse acti on against an otherwise qualified job applicant or employee, including a part-time, full-t ime, or probationary employee, if the denial or adver se action is based on the need of the employer to make reasonable accommodations to the know n medical or common conditions related to the p regnancy or childbirth of the applicant or employ ee. (3) F or an employer to require a job applicant or employee, including a part-time, full-time, or prob ationary employee, affected by pregnancy, ch ildbirth, or medical or common conditions related to pregnancy or childbirth to accept an accommo dation when the applicant or employee did not reques t an accommodation and the applicant or employee choose s not to accept the employer's accommodation. (4) For an employer to require an employee, including a part-time, fu ll-time, or probationary employee, to take leave under any leave law or policy of the employe r if another reasonable accommodation can be provid ed to the known medical or common conditions related to the pregnancy or childbirth of an employee. No employer shall fail or refuse to reinstate the employee affected by pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth to her or iginal job or to an equivalent position with e quivalent pay and accumulated seniority, retirement, fringe benefits, and other applicable service credits up on her signifying her intent to return or when her need for re asonable accommodation ceases, unless the employer can demo nstrate that the accommodation would impose an undue hardship on the ordinary operation of the busine ss of the employer. For the purposes of this subdivision (J), "rea sonable accommodations" means reasonable modificatio ns or adjustments to the job application process or work environment, or to the manner or circumstances under which the position desired or held is customarily performed, that enable an appli cant or employee affected by pregnancy, childbirth, or medical or common conditions related to pregnancy o r childbirth to be considered for the position the applicant desires or to perform the essential fun ctions of that position, and may include, but is not limited to: more frequent or longer bathro om breaks, breaks for increased water intake, and break s for periodic rest; private non-bathroom space for expressing breast milk and breastfeedin g; seating; assistance with manual labor; light duty ; temporary transfer to a less strenuous or ha zardous position; the provision of an accessible work site; acquisition or modification of equipment; job r estructuring; a part-time or modified work schedu le; appropriate adjustment or modifications of e xaminations, training materials, or policies; reassignm ent to a vacant position; time off to recover from condition s related to childbirth; and leave necessitated by pregnancy, childbirth, or medical or common condit ions resulting from pregnancy or childbirth. For the purposes of this subdivisi on (J), "undue hardship" means an action that is prohibitively expensive or disruptive when considered i n light of the following factors: (i) the nature and cos t of the accommodation needed; (ii) the overall finan cial resources of the facility or facilities involved in th e provision of the reasonable accommodation, the num ber of persons employed at the facility, the effect on exp enses and resources, or the impact otherwise of the accommodati on upon the operation of the facility; (iii) the overall financial resources of the employer, the overall size of the business of the employer with respect to the n umber of its employees, and the number, type, and lo cation of its facilities; and (iv) the type of operation or opera tions of the employer, including the composition, str ucture, and functions of the workforce of the e mployer, the geographic separateness, administrative, o r fiscal relationship of the facility or faciliti es in question to the employer. The employer has the burden of proving undue hardship. The fact that the employer provides or would be requi red to provide a similar accommodation to similarly sit uated employees creates a rebuttable presumption that the accommodation does not impose an undue hardship on the e mployer. No employe r is required by this subdivision (J) to create addi tional employment that the employer would not otherwise have created, unless the employer does so or would do so for other classes of employees who need accommodation. The employer is not required to discharge any employee , transfer any employee with more seniority, or promote any employee who is not qualified to perform the j ob, unless the employer does so or would do so to accommoda te other classes of employees who need it. (K) Notice. (1) For an employer to fail to post or keep posted in a conspicuous location on the premises of t he employer where notices to employees are customarily p osted, or fail to include in any employee handbook infor mation concerning an employee's rights under this Article, a notice, to be prepared or approved by the Department, summarizing the requirements of this Article and infor mation pertaining to the filing of a charge, includi ng the right to be free from unlawful discrimination, t he right to be free from sexual harassm ent, and the right to certain reasonable accommodations. The Department shall make the documents required under th is paragraph available for retrieval from the Departmen t's website. (2) Upon notification of a violation of paragraph (1) of this subdivision (K), the Department may launch a prel iminary investigation. If the Department finds a violati on, the Department may issue a notice to show cause giv ing the employer 30 days to correct the violation. If the violation is not correc ted, the Department may initiate a charge of a civil rights violation. (L) Use of artificial intelligence. (1) With respect to recruit ment, hiring, promotion, renewal of employment, sele ction for training or apprenticeship, discharge, discip line, tenure, or the terms, privileges, or conditions of employment, for an employer to use artificial intelligence that has the effect of subjecting employ ees to discrimination on the basis of protected class es under this Article or to use zip codes as a pr oxy for protected classes under this Article. (2) For an employer to fail to provide notice to an employee that the employer is using artificial intelligence for the purposes des cribed in paragraph (1). Th e Department shall adopt any rules necessary for the im plementation and enforcement of this subdivision, inclu ding, but not limited to, rules on the circumstances and conditions that require notice, the time peri od for providing notice, and the means for providi ng notice.(Source: P.A. 102-23 3, eff. 8-2-21; 103-797 , eff. 1-1-25; 103-804, eff. 1-1-26; revi sed 11-26-24.) (775 ILCS 5/2-108) (Section scheduled to be repealed on Jan uary 1, 2030) Sec. 2-108. Emplo yer disclosure requirements. (A) Definitions. The following definitions are applicable strictly to this Section:

(1) "Employer" means: ( a) any person employing one or more employees w ithin this State;

(b) a labor organization; or

(c) the State and a ny political subdivision, municipal corporation, or other governmental unit or agency, without regard to the n umber of employees.

(2) "Settlement" means any written commitment or written agreement, including any agreed judgment, stipulation, decree, agreement to settle, assurance of disconti nuance, or otherwise between an employee, as defined by subsection (A) of Section 2-101, or a nonemployee to whom an emp loyer owes a duty under this Act pursuant to subsection (A-10) or (D- 5) of Section 2-102, and an employer under which the employer directly or i ndirectly provides to an individual compensation or other consideration due to an allegation that the individual has been a victim of sexual harassment or unlawful discrimina tion under this Act. (3) "Adverse judgment or administrative ruling" means an y final and non-appealable adverse judgment or final and non-appealable administrative ruling e ntered in favor of an employee as defined by subsection (A) of Section 2-101 or a nonemployee to whom an employer owes a duty under this Act pursuant to subsection (A-1 0) or (D-5) of Section 2-102, and against the employer during the pre ceding year in which there was a finding of sexual hara ssment or unlawful discrimination brought under th is Act, Title VII of the Civil Rights Act of 1964, or a ny other federal, State, or local law prohibiting sex ual harassment or unlawful discrimination. (B) Required disclosures. Beginning July 1, 2020, an d by each July 1 thereafter, each employer that had an adverse judgment or administrative ruling against it in the preceding cal endar year, as provided in this Section, shall disclose ann ually to the Department of Human Rights the following infor mation: (1) the total number of adverse judgments or administrative ruli ngs during the preceding year;

(2) whether any equitable relief was ordered against the em ployer in any adverse judgment or administrative ruling describ ed in paragraph (1); (3) how many adverse judgments or administrative rulings described i n paragraph (1) are in each of the following categories: (a) sexual harassment; (b) discrimination or harassment on the basis of sex; (c) discrimination or harassment on the basis of race, color, or national origin; (d) discrimin ation or harassment on the basis of religion; (e) discrimination or harass ment on the basis of age; (f) discrimination or harassment on the basis of disab ility; (g) discr imination or harassment on the basis of mi litary status or unfavorable discharge from militar y status; (h) discrimination or harass ment on the basis of sexual orientation or gender identity; and (i) discr imination or harassment on the basis of any other characteristic protected under this Act. (C) Settle ments. If the Department is investigating a charge fil ed pursuant to this Act, the Department may request the employer responding to the charge to submit the total numbe r of settlements entered into during the preceding 5 years, o r less at the direction of the Dep artment, that relate to any alleged act of sexual harassment or unlawful discrimination that:

(1) occurred in the workplace of the employer; or (2) invol ved the behavior of an employee of the employer or a corporat e executive of the employer, witho ut regard to whether that behavior occurred in the workplace of the employer. The to tal number of settlements entered into during the requested p eriod shall be reported along with how many settlements are in each of the following categor ies, when requested by the Department pursuant to this subsec tion: (a) sexual harassment; (b) discrimination or harassment o n the basis of sex; (c) discrimina tion or harassment on the basis of race, color, or nat ional origin; (d) discrimin ation or harassment on the basis of religion; (e) discrimination or harassment on the basis of age; (f) discr imination or harassment on the basis of disability; (g) discriminat ion or harassment on the basis of military status or unfavorable discharge from milit ary status; (h) dis crimination or harassment on the basis of sexual orientatio n or gender identity; and (i) discrimination or harassment on the basis of any other characteristic protected unde r this Act. ; The Department shall not rely on the e xistence of any settlement agreement to support a finding of substantial evidence unde r this Act. (D) Prohibited disclosures. An employer may not disclose the name of a victim of an act of alleged sexual harassment or unlawful discrimination in any disclosures required under this Section. (E) Annual report. The Department shall publish an annual report aggregating t he information reported by employers un der subsection (B) of this Section such that no individual employer data is available to the public. The report shall include the number of adve rse judgments or administrative rulings f iled during the preceding calendar year based on each o f the protected classes identified by this Act. The report shal l be filed with the General Assembly and made available to the public by December 31 of each reporting year. Data submitted by an employer to comply with this Section is confidential and exempt from the Freedom of Information Act. (F) Failure to report and penalties. If an empl oyer fails to make any disclosures required under this Section, the Department shall issue a notice to show cau se giving the employer 30 days to disclose t he required information. If the employer does not make th e required disclosures within 30 days, the Department shall pet ition the Illinois Human Rights Commission for entry of an orde r imposing a civil penalty against the employer pursuant to Section 8-109.1. Th e civil penalty shall be paid into the Department of Human Righ ts' Training and Development Fund. (G ) Rules. The Department shall adopt any rules it deems nece ssary for implementation of this Section. (H) This Section is repealed on January 1, 2030. (Source: P.A. 101-221, eff. 1-1-20; 102-558, eff. 8-20-21; revised 7-24-24.) (775 ILCS 5/

3-106) (from Ch. 68, par. 3-106) Sec. 3-106. Exemptions. Nothing c ontained in Section 3-102 shall prohibit: (A) Private Sales of Single Family Homes. (1) Any sale of a single family home by its owner so long as the following criteria are m et: (a) The owner do es not own or have a beneficial interest in more than 3 si ngle family homes at the time of the sale; (b) The owner or a member of the owner's family was the last current resident of the home ; (c) The home is sold without the use in any manner of the sales or rental faci lities or services of any real estate broker or salesman, or of any employee or agent of any real estate broker or salesman; (d) The home is sold without the publication, posting or mailing, after notic e, of any advertisement or written notice in violation of paragraph (F) of Section 3-102. (2) This exemption does not apply to paragraph (F) of Section 3-102. (B) Apartments. Rental of a housing accommodation in a bu ilding which contains housing accommodations for not more than 4 familie s living independently of each other, if the owner resides in one of the housing accommodations. This exemption does not apply to paragraph (F) of Section 3-102. (C ) Private Rooms. Rental of a room or rooms in a private home by an owner if the owner or a member o f the owner's family resides therein or, while absent for a peri od of not more than 12 months, if the owner or a member of the owner' s family intends to return to reside therein. This exemption do es not apply to paragraph (F) of Section 3-102.

(D) Reasonable local, State, or federal Federal restrictions rega rding the maximum number of occupants permitted to occupy a dwelling. (E) Religious Organizati ons. A religious organization, association, or soci ety, or any nonprofit institution or organization o perated, supervised, or controlled by or in conjunction with a religious organiza tion, association, or society, from limiting the sale, rental, or occupancy of a dwelling which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference t o such persons, unless membership in such religion is restricted on account of race, color, or national origin. (F) Sex. Res tricting the rental of rooms in a housing accommodation to perso ns of one sex. (G) Persons Convicted of Drug -Related Offenses. Conduct against a person because such person has been convicted by any court of competent juri sdiction of the illegal manufacture or distribution of a controlle d substance as defined in Section 102 of the federal Controlled Substances Act (21 U.S.C. 80 2). (H) Persons engaged in the busine ss of furnishing appraisals of real property from t aking into consideration factors other than those based on unlawful discrimination or familial status or source of income in furnishing appraisals. (H-1) The owner of an owner-occupied residential building with 4 or f ewer units (including the unit in which the owner resides) from making decisio ns regarding whether to rent to a person based upon that person 's sexual orientation. (I) Housing fo r Older Persons. No provision in this Article regarding familia l status shall apply with respect to housing for older persons. (1) As used in this Section, "hous ing for older persons" means housing: (a) provided under any State or federal Federal program t hat the Department determines is specifically designed and ope rated to assist elderly persons (as defined in the State or federal Federal program); or (b) intended for , and solely occupied by, persons 62 years of age or older; or (c) intended an d operated for occupancy by persons 55 years of age or older and: (i) at least 80% of the occupied unit s are occupied by at least one person who is 55 years of age or older; (ii) the housing facility or community publishes and adheres to policies an d procedures that demonstrate the intent required un der this subparagraph subdivisi on (c); and (iii) the housing facility or communit y complies with rules adopted by the Department for ve rification of occupancy, which shall: (aa) provide for verification by reliable surveys and affidavits; a nd (bb) include examples of the types of policies and procedures relevant to a determination of compliance with the requireme nt of clause (ii). These s urveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification . (2) Housing shall not fail to meet the requirements for housing for older persons b y reason of: (a) persons residing in such housing as of the effective date of this amendatory Act of 1989 who do not meet the age requirements of subp aragraph subsections ( 1)(b) or (c); provided, that new occupants of such housing meet the age requirements of su bparagraph subsections (1)(b) or (c) of this subsection; or (b) unoccupied units; provided, that such units are reserved for occupancy by persons who meet the age requ irements of subparagraph su bsections (1)(b) or (c) of this subsection. (3)(a) A person shall not be held personally liable for monetary damages for a violation of this Artic le if the person reasonably relied, in good faith, on the application of the exemption under this subsection (I) re lating to housing for older persons. (b) For the purposes of this paragraph item (3), a person may show good faith reliance on the application of the exemption onl y by showing that: (i) the person has no actual knowledge that the facility or community is not, or will not be, eligible for the exemption; and (ii) the facility or com munity has stated formally, in writing, that the facility or community complies wi th the requirements for the exemption. (J) Child Sex Offender Refusal to Rent. Refusal of a child sex offender who owns and resides at reside ntial real estate to rent any residential unit within the same building in which the child sex offe nder resides to a person who is the parent or guar dian of a child or children under 18 years of age.

(K) Arrest Records. Inquiry into or the use of an arrest record if the inquiry or use is otherwi se authorized by State or federal law. (L) Financial Institutions. A financial institution as defined in Article 4 from considering source of income or immigration status in a real estate transaction in com pliance with State or federal law. (M) Immigration Status. Inquiry into or the use of immigration status if the inquiry or use is in compliance with State or federal law. (Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24; revised 7-24-24.) Section 1185. The Consumer Legal Funding Act is amended by changing Section 5 as follows: (815 ILCS 121/5) Sec. 5.

Definitions. As used in this Act: "Adver tise" means publishing or disseminating any written, electroni c, or printed communication, or any communication by means of recorded telephone messages or transmitted on radio, television, the Internet, or simi lar communications media, including film strips, motion pictur es, and videos, published, disseminated, circu lated, or placed before the public, directly or ind irectly, for the purpose of inducing a consumer to enter into a consumer legal funding.

"Charges" means the fees, as set forth in Section 25, to be paid to the consumer legal f unding company by or on behalf of the consumer above the funded amount provided by or on behalf of the company to an Illinois consumer pursuan t to this Act. "Consumer" means a natural person who has a p ending legal claim and who resides or is domiciled in Illinois. "Consumer legal funding" or "fu nding" means a nonrecourse transaction in which a company purchases and a co nsumer transfers to the company an unvested, contingent future interest in the potential net proceeds of a settlement or judgment ob tained from the consumer's legal claim; and in which, if no proceeds are obtained from the consumer's legal claim, the co nsumer is not required to repay the company the consumer legal funding amount or charges. "Consumer leg al funding company" or "company" means a person or entity that enters into, purchases, or services a consumer legal fu nding transaction with an Illinois consumer. "Consumer legal fu nding company" does not include: (1) an immediate family member of the consumer; (2) a bank, lender, financin g entity, or other special purpose entity: (A) that provides financing to a consumer legal funding c ompany; or (B) to which a consumer legal funding company grants a security interest or transfers any rights or interest in a consumer legal fund ing; or (3) an attorn ey or accountant who provides services to a consumer. "Department" means the Department of Finan cial and Professional Regulation. "Funde d amount" means the amount of moneys provided to, or on behal f of, the consumer in the consumer legal funding. "Funded amo unt" does not include charges except for charges that are de ducted from the funded amount. "Fund ing date" means the date on which the funded amount is trans ferred to the consumer by the consumer legal funding company e ither by personal delivery; via wire, ACH, or other electronic means; or mailed b y insured, certified, or registered United States mail. "Immediat e family member" means a parent; sibling; child by blood, ado ption, or marriage; spouse; grandparent; or g randchild. "Legal claim" means a bona fide civil claim or cause of action. "Resolution amount" means the funded amount plus the agr eed-upon charges that are delivered to the consu mer legal funding company on the resolution date. "R esolution date" means the date the resolution amount is deliv ered to the consumer legal fun ding company. "Secretary" means t he Secretary of Financial and Professional Regulation or the Secretary's designee.(Sour ce: P.A. 102-987, eff. 5-27-22; 103-974, eff. 1-1-25; revised 10-23-24 .) Se ction 1190. The Interchange Fee Prohibitio n Act is amended by changing Section 150-1 as follows:

(815 ILCS 151/150-1) (This Section may contain text from a Public Act wit h a delayed effective date) Sec. 150-1. Short title. This Article Act may be cited as the Interchange Fee Prohibiti on Act. References in this Article to "this A ct" mean this Article.(Source: P.A. 103-592, e ff. 7-1-25; revised 10-23-24.) Section 1195. The Consume r Fraud and Deceptive Business Practices Act is amended by setting forth and renumbering multiple versions of Section 2BBBB and by setting fort h, renumbering, and changing multiple versions of Section 2EEEE as follo ws: (815 ILCS 505/2BBBB) Sec. 2BBBB. Deceptive practices related to limited services pregnancy centers.

(a) As used in this Section: "A bortion" means the use of any instrument, medicine, drug, or any other substance or device to terminate the pregnancy of an individual known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or t o remove a dead fetus, as defined in Section 1-10 of the Reproductive Health Act. "Affiliates" has the meaning given to the term "hospital affiliate" as defined in subsectio n (b) of Section 10.8 of the Hospital Licensing Act. "Em ergency contraception" means one or more prescription drug s (i) used separately or in combination for the purpose o f preventing pregnancy, (ii) administered to or self-ad ministered by a patient within a medically recommended amount of time after sexual intercourse , and (iii) dispensed for such purpose in accordance with professional standards of practice. "Limited services pregnancy center" means an org anization or facility, including a mobile facility, that: (1) does not dire ctly provide abortions or provide or prescribe emergen cy contraception, or provide referrals for abortions or emergency contraception, and has no affiliation with any organization or provider who provides abortions or provide s or prescribes emergency contraception; and (2) has a primary purpose to offer or provide pregna ncy-related services to an individual who is or has reason to believe the individual may be pregna nt, whether or not a fee is charged for such services."Limited services pregnancy center" does not include: (1) a health care professional licensed by the Department o f Financial and Professional Regulation; (2) a hospital licensed under the Hosp ital Licensing Act and its affiliates; or (3) a hospital licensed under the University o f Illinois Hospital Act and its affiliates."Limited services p regnancy center" includes an organization or facility that has employees, vol unteers, or agents who are health care professionals license d by the Department of Financial and Professional Regula tion. "Pregnancy-related serv ices" means any medical service, or health counseling servi ce, related to the prevention, preservation, o r termination of pregnancy, including, but not l imited to, contraception and contraceptive counselin g, pregnancy testing, pregnancy diagnosis, pregnancy options cou nseling, limited obstetric ultrasound, obstetric ultrasoun d, obstetric sonogram, sexually transmitted infections testing, an d prenatal care. (b) A limited services pregnancy center shall no t engage in unfair methods of competition or unfair o r deceptive acts or practices, including the use or employment of any deception, f raud, false pretense, false promise, or misrepresentation, or the concealment, suppression, or omission of any mate rial fact, with the intent that others rely upon the c oncealment, suppression, or omission of such material fact: (1) to interfere with or preven t an individual from seeking to gain entry or access to a prov ider of abortion or emergency contraception; (2) to induce an individual to en ter or access the limited services pregnancy center; (3) in advertising, soliciting, or otherwise offering pregnancy-related services; or (4) in conducting, prov iding, or performing pregnancy-related services. (c) A violation of this Section const itutes a violation of this Act.(Source : P.A. 103-270, eff. 7-27-23; 103-605, eff. 7-1-24.) (815 ILCS 505/2EEEE)

Sec. 2EEEE. Credit reportin g; medical debt. (a) As used in this Section: "Collection act ion" means any referral of a bill to a collection agency or law firm to collect payment for services fro m a consumer for health care services.

"Collection agency" means any individual, partnership, cor poration, trust, estate, co-operative, association, government or government subdivision, agency, or other e ntity that either purchases medical debt or collects medical deb t on behalf of another entity. "Consumer r eport" and or "credit report" have the meaning ascribed to the term "con sumer report" under 15 U.S.C. 1681a(d).

"Consumer reporting agency" has the meaning ascribed to that term in 15 U.S.C . 1681a(f). "Medical debt" means a debt arising from the receipt of health care services, products, or devices. "Me dical debt" does not include debt charged to a credit card or an open-end or close-end extension of credit made by a financial institution to a borrower unless the open-e nd or close-end extension of credit may b e used by the borrower solely for the purpose of the p urchase of health care services. (b) It is an unlawful practice within the meaning of this Act for a con sumer reporting agency: (1) to make, create, or furnish any consumer report or cr edit report containing, incorporating, or reflecting any adver se information that the consumer reporting agency knows or shou ld know relates to medical debt incurred by the consumer or a collection action against the consumer to collect medical debt; and (2) to maintain in the file on a con sumer any information relati ng to medical debt incurred by a consumer or a collectio n action against the consumer to collect medical de bt.(Source: P.A. 103-648, eff. 1-1-25.)

(815 ILCS 505/2FFFF) Sec. 2FFFF 2BBBB. Violations of th e Pawnbroker Regulation Act of 2023. Any person who violates Article 15 of the Pawnbroker Regul ation Act of 2023 commits an unlawful practice within the meaning of this Act.(Source: P.A. 103-585, eff. 3-22-24; revis ed 9-25-24.)

(815 ILCS 505/2GGGG) Sec. 2 GGGG 2EEEE. Violations concerning teledentistry un der the Illinois Dental Practice Act. Any person who violates Section 17.2 of the Illin ois Dental Practice Act commits an unlawful practic e within the meaning of this Act.(Source: P.A. 103-902, eff. 8-9-24; revised 9-25-24.) Section 1200. The D igital Voice and Likeness Protection Act is amended by changing Section 5 as follows:

(815 ILCS 550/5) Sec. 5. Definitions. In this Act: "Artificial intelligence" means a machine-based system that, for explicit or implici t objectives, infers, from the input it receives, how to generate outputs such a s predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intellig ence" includes generative artificial intelligence. "Digital replica" means a newly created, electronic representation of the identity of an actual individual created using a computer, algorithm , software, tool, artificial intelligence, or other technology that is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear and that is so rea listic that a reasonable observer would believe it is a performance by the individual being portrayed and no other individual. "Generative artificial intelligence" means an automated compu ting system that, when prompted with human prompts, descriptions, or queries , can produce outputs that simulate human-produced content, including, but not limited to, the following: (1) textual outputs, such as short ans wers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) mul timedia outputs, such as audio or video in the form of compositions, songs, o r short-form or long-form audio or video ; and (4) other content that would be otherwise produced by human means.(Source: P.A. 103-830, eff. 8-9-24; re vised 10-23-24.) Section 1205. The Worke r Freedom of Speech Act is amended by changing Section 35 as follows: (820 ILCS 57/35) Sec. 35. Exceptions. Nothing in this Act: (1) prohibits communications of information that the employer is required by law to communicate, but only to the extent of the lawful requirement; (2) limits the rights of an employer or its agent, representative, or designee to conduct meetings involving religious matters or political matters, so long as attendance is voluntary, or to eng age in communications, so long as receipt or list ening is voluntary; (3) l imits the rights of an empl oyer or its agent, representative, or designee from communicating to its employees any information that is necessary for the employees to perform their required job duties; (4) prohibits prohibit an employer or its agent, representative, or designee from requiring its employees to attend any training intended t o foster a civil and collaborative workplace or reduce or prevent workplace harassment or discrimination; (5) prohibits an institution of higher education, or any ag ent, representative, or designee of the institution, from c onducting meetings or participating in any communication s with its employees concerning any coursework, symposia, research, publication, or an academic program at the institution; (6) prohibits a politica l organization, a political party organization, a c aucus organization, a candidate's political organization, or a not-for-profit organization that is exempt from taxation under Section 501(c)(4), 501(c)(5), or 501(c)(6) of the I nternal Revenue Code from requiring its staff or emplo yees to attend an employer-sponsored meeting o r participate in any communication with the employer or the employer's agent, representative or designee for the purpose of communicating the employer's political tenets or pur poses; (7) prohibits t he General Assembly or a State or local legislative or regulatory body from requiring its their employees to attend an emplo yer-sponsored meeting or participate in any communica tion with the employer or the employer's agent, representat ive, or designee for the purpose of communicating the employer's proposals to change legislation, proposals to change regulations, or proposals to ch ange public policy; or (8) proh ibits a religious organization from requiring its employee s to attend an employer-sponsored meeting or partic ipate in any communication with the employer or the employer's agent, representative, or designee for th e purpose of communicating the employer's religious belief s, practices, or tenets.(Source : P.A. 103-722, eff. 1-1-25; revised 10-21-24.) Section 1210. The Illinois Freedom to Work Act is amended by changing Section 10 as follows: (820 ILCS 90/10) Sec. 1 0. Prohibiting covenants not to compete and covenants not to solicit. (a) No employer shall enter int o a covenant not to compete with any employee unless the employee's actual or expected annualized rate of earnings exceeds $75,000 per year. This amount shall increase to $80,000 per year beginning on January 1, 2027, $85,000 per year beginning o n January 1, 2032, and $90,000 per year beginning on Janua ry 1, 2037. A covenant not to compete entered into in violation of this s ubsection is void and unenforceable. (b) No employer shall enter into a coven ant not to solicit with any employee unless the employee's actual or expected annualized rate of earnings exceeds $45,000 per year. This amount shall increase to $47,500 per year beginning on Janua ry 1, 2027, $50,000 per year beginning on January 1, 2032, and $52,500 per ye ar beginning on January 1, 2037. A covenant not to solicit entered into in violation of this subsection is void and u nenforceable. (c) No employer shall enter into a covenant not to compete or a covenant not to solicit with any employee who an employer t erminates or furloughs or lays off as the result of business circumstances or governmental orders related to the COVID-19 pandemic or under circumstances that are similar to the COVID-19 pandemic, unless enforcement of the cov enant not to compete includes compensation equivalent to the em ployee's base salary at the time of termination for the peri od of enforcement minus compensation earned through subsequent employment during the period of enforcement. A covenant no t to compete or a covenant not to solicit entered into in violation of this subsection is void and un enforceable. (d) A covenant not to compet e is void and illegal with respect to individuals covered b y a collective bargaining agreement under the Illinois Public L abor Relations Act or the Illinois Educational Labor Relatio ns Act. (e) A covenant not to compete or a c ovenant not to solicit is void and illegal with respect to individuals employed in construction, rega rdless of whether an individual is covered by a collective bargaining agreement. This subsection (e) does not apply to con struction employees who primarily perform management, engineer ing or architectural, design, or sales functions for the employer o r who are shareholders, partners, or owners in any capac ity of the employer. (f) (e) Any covenant not to compete or cov enant not to solicit entered into after January 1, 2025 (the effective date of Public Act 103-915) this amendatory Act of the 103rd General Assembly shall not be enforceab le with respect to the provision of mental health services to ve terans and first responders by any licensed mental heal th professional in this State if the enforcement of the co venant not to compete or covenant not to solicit is likely to r esult in an increase in cost or difficulty for any veteran o r first responder seeking mental health services. For the purpose of this subsection: "First responders" means emergency medical services person nel, as defined in the Emergency Medical Services (EMS) Systems Act, firefighters, and law enforcement officers. "Licensed mental health professional" means a per son licensed under the Clinical Psychologist Licensing Act, th e Clinical Social Work and Social Work Practice Act, the Marri age and Family Therapy Licensing Act, the Nurse Practice Act, or the Professional Counselor and Cli nical Professional Counselor Licensing and Practice Act. (Source: P .A. 102-358, eff. 1-1-22; 103-915, eff. 1-1-25; 103-921, eff. 1-1-25; revised 11-26-24.) Section 1215. The Victims' Economic Security and Safety Act i s amended by changing Section 35 as follows: (820 ILCS 180/35)

Sec. 35. Enforcement.

(a) Department of Labor. (1) The Director or his or her authorized representative shall administer and enforce the provisions of this A ct. Any employee or a representative of employees who believ es his or her rights under this Act have been violated may, within 3 years after the alleged violation occurs, file a complaint with the Department requesting a review of the all eged violation. A copy of the complaint shall be sent to the person who allegedly committed the violation, who shall be the respondent. Upon receip t of a complaint, the Director shall cause such investigation to be made as he or she deems appropriate. The investigation shall provide an opportunity for a public hearing at the req uest of any party to the review to enable the parties to present informatio n relating to the alleged violation allegation. The parties shall be given written notic e of the time and place of the hearing at least 7 days before the hearing. Up on receiving the report of the investigation, the Director shall make findings of fact. If the Director finds that a violation did occur, he o r she shall issue a decision incorporating his o r her findings and requiring the party committing the viola tion to take such affirmative action to abate the violation as the Director deems appropriate, including: (A) damages equal to the amount of wages, salary, employment benefits, public assi stance, or other compensation denied or lost to such indi vidual by reason of the violation, and the interest on t hat amount calculated at the prevailing rate; (B) such equitable relief as may be appropriate, including, but not limited to, hiring, reinstatement, pr omotion, and reasonable accommodations; and (C) reasonable attorney's fees, reasonable expert witness f ees, and other costs of the action to be paid by the respondent to a p revailing employee. I f the Director finds that there was no violati on, he or she shall issue an order denying the complaint. An order issued by the Director under this Section shall be final and subject to judicial review under the Administr ative Review Law. (2) The Director shall adopt rules necessary to administe r and enforce this Act in accordance with the Illinois Administrative Procedure Act. The Director shall have the powers and the par ties shall have the rights provided in the Illino is Administrative Procedure Act for contested case s, including, but not limited to, provisions for d epositions, subpoena power and procedures, and discovery and protective order procedures. (3) Int ervention. The Attorney General of Illinois may intervene on behalf of the Department if the Department certifies that the case is of general public importance. Upon su ch intervention the court may award such relief as is authoriz ed to be granted to an employee who has filed a complai nt or whose representative has filed a complaint under this Section. (b) Refusal to pay damages. Any employer who ha s been ordered by the Director of Labor or the court t o pay damages under this Section and who fails to do so w ithin 30 days after the order is entered is lia ble to pay a penalty of 1% per calendar day to the employ ee for each day of delay in paying the damages to the employee.(Source: P.A. 93-591, eff . 8-25-03; revised 7-23-24.) Secti on 1220. The Paid Leave for All Workers Act is amended by changing Section 15 as follows: (820 ILCS 192/15) Sec. 15. Provision of paid leave. (a) An employee who works in Illinois is entitled to earn and use up to a minimum of 40 hours of paid leave during a 12-month period or a pro rata number of h ours of paid leave under the provision s of subsection (b). The paid leave may be used by the employee for any purpose as long as the paid leave is taken in accordance with the provisions of this Act. (b) Paid leave under this Act shall accrue at the rate o f one hour of paid leave for every 40 hours worked up to a mi nimum of 40 hours of paid leave or such gre ater amount if the employer provides more than 40 hours. Employees who are exempt from the overtime requirements of the federal Fair Labor Standards Act (29 U.S.C. 213(a)(1)) shall be deemed to wo rk 40 hours in each workweek for purposes of paid leave accrual unless their regular workweek is less than 40 hours, in which case paid leave accrues based on that regular workweek. Employees shal l determine how much paid leave they need to use; , however, employers may set a reasonable minimum increment for the use of paid leave not to exceed 2 hours per day. If an employee's scheduled workday is less than 2 hours per day, the employee's scheduled workday shall be used to determine the a mount of paid leave. (c) An employer may mak e available the minimum number of hours of paid leave, subject to pro rata requirements provided in subsection (b), to an employee on the first day of employment or the first day of the 12- month period. Employers that provide the minimum number o f hours of paid leave to an employee on the first day of employm ent or the first day of the 12-month period are not requi red to carry over carryove r paid leave from 12-month period to 12-month period and may require employees to use all paid l eave prior to the end of the benefit period or forfeit the unu sed paid leave. However, under no circumstances shall an employee be credited with paid leave that is less than wha t the employee would have accrued under subsections (a) and (g) of this Section. (d) The 12-m onth period may be any consecutive 12-month period desig nated by the employer in writing at the time of hire. Changes to the 12-month period may be made by the employer i f notice is given to employees in writing prior to the change and the change does not reduce the eligible accru al rate and paid leave available to the employee. If the employ er changes the designated 12-month period, the e mployer shall provide the employee with documentation of the balance of hours worked, paid leave accrued and taken, and the remai ning paid leave balance. (e) Paid leave under this Act may be taken by an employee for any reason of the employee's choosing. An employee is not required to p rovide an employer a reason for the leave and may not be required to provi de documentation or certification as proof or in support of the leave. An employee may choose whether to use paid leave pro vided under this Act prior to using any other leave provided by the employer or State law. (f) Employee s shall be paid their hourly rate of pay for paid leave. Ho wever, employees engaged in an occupation in which gratuities or com missions have customarily and usually constituted and have b een recognized as part of the remuneration for hire purposes s hall be paid by their employer at least the full minimum wage in the jurisdiction in which they are employed when paid leave is taken. This wage shall be treated as the employee's regular rate of pay for purposes of this Act. (g) Paid leave under this Act shall begin to accrue at the commenc ement of employment or on the effective date of this Act, whic hever is later. Employees shall be ent itled to begin using paid leave 90 days following commence ment of their employment or 90 days following the effective da te of this Act, whichever is later. (h) Paid leave under this Act shall be provided upon the oral or writt en request of an employee in accordance with the employer 's reasonable paid leave policy notification requirements w hich may include the following: (1) If use of paid leave under this Act is foreseeable, the employer may require the employee to provide 7 calendar days' notic e before the date the leave is to begin. (2) If paid leave under this Act is not foreseeable, the employee shall provide such notice as soon as is practicable after the employee is aware of the necess ity of the leave. An employer that requires notice of paid leav e under this Act when the leave is not foreseeable shall provi de a written policy that con tains procedures for the employee to provide notice.

(3) Employers shall provide emp loyees with written notice of the paid leave policy notificati on requirements in this Section in the manner provided in Section 20 for notice and posting and within 5 calendar da ys of any change to the employer's reasonab le paid leave policy notification requirements. (4) An employer may not require, as a condition of providing paid leave under this Act, that the employee search for or find a replacement worker to cover the hours during which the employee takes paid leave. (i) Except as provided in subsection (c) , paid leave under this Act shall carry over annually to t he extent not used by the employee, provide d that nothing in this Act shall be construed to require an employer to provide more than 40 hours of paid leave for an employee in the 12-month period unless the employer agrees to do so. (j) Nothin g in this Section or any other Illinois law or rule sha ll be construed as requiring financial or other payment to an employee from an employer upon the employee's termination, resignation, retirement, or other separation from employm ent for paid leave accrued under this Act that has not bee n used. Nothing in this Section or any other Illinois law or rule shall be construed as requiring financial or other reimbursements to an employee from an employer for unused paid leave under this Act at the end of the be nefit year or any other time. (k) If a n employee is transferred to a separate division, entit y, or location, but remains employed by the same employer, the employee is entitled to all paid leave accrued at the prio r division, entity, or location and is entitled to use all paid leave as provided in this Section. If there is a separat ion from employment and the employee is rehired within 12 months of separation by the same employer, previously accrued paid leave that had not been used by the employee shall be reinstated. The employee shall be entitled to use accrue d paid leave at the commencement of employment following a separation from employment of 12 months or less. (l) Paid leave under this Act shall not be char ged or otherwise credited to an employee's paid time off bank o r employee account unless the employer's policy permits such a credit. If the paid leave under this Act is credited to an empl oyee's paid time off bank or employee vacation account t hen any unused paid leave shall be paid to the employee upon th e employee's termination, resignation, retirement, or other separation to the same extent as vacation time under existing Illinois law or rule. Noth ing in this Act shall be construed to waive or otherwi se limit an employee's right to final compensation for promis ed and earned, but unpaid vacation time or paid time off, as p rovided under the Illinois Wage Payment and Collection Act and rules. Employers shall provide employees with written notice of changes to the employer's vacation time, paid time off , or other paid leave policies that affect an employee's right t o final compensation for such leave. (m) D uring any period an employee takes leave under this Act, the employer shall maintain coverage for the employee and any famil y member under any group health plan for the duration of such leave at no less than the level and conditions of coverage that would have been provided if the employee had no t taken the leave. The employer shall notify the employee t hat the employee is still responsible for paying the employ ee's share of the cost of the health care coverage, if any. (n) Nothing in this Act shall be deemed to in terfere with, impede, or in any way diminish the right of empl oyees to bargain collectively with their employers through repre sentatives of their own choosing in order to establish wages or other conditions of work in excess of the applicable minimum standards established in this Act. The paid leave requ irements of this Act may be waived in a bona fide coll ective bargaining agreement, but only if the waiver is set forth explicitly in such agreement in clear and unambiguous terms. Nothing in this Act shall be deemed t o affect the validity or c hange the terms of bona fide collective bargaining agreem ents in effect on January 1, 2024. After that date, requirement s of this Act may be waived in a bona fide collective bargainin g agreement, but only if the waiver is set forth explicitl y in such agreement in clear and unambiguous terms. In no event shall this Act apply to any employee worki ng in the construction industry who is covered by a bona fid e collective bargaining agreement, nor shall this Act apply to any employe e who is covered by a bona fide collective bargaining agree ment with an employer that provides services nationally a nd internationally of delivery, pickup, and transp ortation of parcels, documents, and freight. Notwithstanding the provisions of this subsection, nothing in this Act shall be deemed to affect the validity or chan ge the terms of a bona fide collective bargaining agre ement applying to an employee who is employed by a State agency that is in effect on July 1, 2024. After that date, require ments of this Act may be waived in a bona fide collective bargaining agreement, but only if the waiver is set forth explicitly in such agre ement in clear and unambiguous terms. As used in this subs ection, "State agency" has the same meaning as set for th in Section 4 of the Forms Notice Act. (o) An agreement by an employee to waive his or her rights under this Act is void as agai nst public policy. (p) The provisions of t his Act shall not apply to any employer that is covered by a municipal or county ordinance that is in effect on the e ffective date of this Act that requires employers to g ive any form of paid leave to their employees, including paid sick leave or paid leave. Notwithstanding the provision s of this subsection, any employer that is not required to provide pa id leave to its employees, including paid sick leave or pai d leave, under a municipal or county ordinance that is in eff ect on the effective date of this Act shall be subject to the provisions of this Act if the employer would be required t o provide paid leave under this Act to its employees. Any local ordinance that provides paid leave, inclu ding paid sick leave or paid leave, enacted or amended after the effective date of this Act must comply with the requirement s of this Act or provide benefits, rights, and remedies that are greater than or equal to the benefits, rights, and r emedies afforded under this Act. An emplo yer in a municipality or county that enacts or amends a local ordin ance that provides paid leave, including paid sick lea ve or paid leave, after the effective date of this Act shall only comply with the local ordinance or ordinances so lo ng as the benefits, rights, and remedies are greater than o r equal to the benefits, rights, and remedies afford ed under this Act.(Source: P.A. 102-1143, eff. 1-1-24; 103-605, eff. 7-1-24; revised 10-23-24.) Section 1225. The Child Labor Law of 2024 is amended by changin g Sections 35 and 55 as follows: (820 ILCS 206/35) Sec. 35. Empl oyer requirements. (a) It s hall be unlawful for any person to employ, allow, or permit any minor to work unless the minor obtains an employment certificate authorizing the minor to work for that person. Any person seeking to employ, allow, or per mit any minor to work shall provide that minor with a notice of intention to employ to be submitted by the minor to the minor 's school issuing officer with the minor's application for an e mployment certificate. (b) Every employer of one or more minors shal l maintain, on the premises where the work is being done, records that include the name, date o f birth, and place of residence of every minor who works for that employer, notice of intention to employ the minor, and the minor's employment certificate. Authorized officers and employees of the Department, truant o fficers, and other school officials charged with the enforcement of school attendance requirements described in Section 26 -1 of the School Code may inspect the records without notice at any tim e. (c) Every employer of minors shall ensure that all minors are supervised by an adult 21 years of age or older, on site, at all times w hile the minor is working. (d) No pers on shall employ, allow, or permit any minor to work for more t han 5 hours continuously without an interval of at least 30 minutes for a meal period. No period of less than 30 mi nutes shall be deemed to interrupt a continuous period of work. (e) Every employer who employs one or mor e minors shall post in a conspicuous place where minors are employed, allowed, or permitted to work , a notice summarizing the requirements of this Act, includ ing a list of the occupations prohibited to minors and the Department's toll free telephone number described in Section 85. An employer with employees who do not regularly report to a physical workplace, such as employees who work remotely o r travel for work, shall also provide the summary and notice by email to its employees or conspicuous posting on the employer's website or intranet site, if the site is regula rly used by the employer to communicate work-related information to employees and is able to be re gularly accessed by all employees, freely and without interfer ence. The notice shall be furnished by the Department. (f) Every employer, during the period of emp loyment of a minor and for 3 years thereafter, shall keep on fi le, at the place of employment, a copy of the employment certi ficate issued for the minor. An employment certificate shall be valid only for the empl oyer for whom it was issued and a new certificate shall not be issued for the employment of a minor except on the presentation of a new statement of intention to employ the minor. The failure of any employer to produce for inspection the employment certificate for each mi nor in the employer's establishment shall be a violation of thi s Act. The Department may specify any other record keepin g requirements by rule. (g) In the event of the work-related death of a minor engaged in work subject to this Act, the employer shall, within 24 hours, report the death to the Department and to the school of ficial who issued the minor's work certificate for that employer. In the event of a work-related injury or illness of a mino r that requires the employer to file a report with the Illinois Workers' Compensa tion Commission under Section 6 of the Workers' Compensat ion Act or Section 6 of the Workers' Occupational Diseases Ac t, the employer shall submit a copy of the report to the D epartment and to the school official who issued the minor's wor k certificate for that employer within 72 hours of the deadline by which t he employer must file the report to the Illinois Workers' Comp ensation Commission. The report shall be subject to the confid entiality provisions of Section 6 of the Workers' Compensatio n Act or Section 6 of the Workers' Occupational Diseases Act .(Source: P.A. 103-721, eff. 1-1-25; revised 12-1-24.) (820 ILCS 206/55) Sec. 55. Employment certificates. ( a) Any employer who employs, allows, or permits a minor to w ork shall ensure that the minor holds a valid employment certi ficate issued by a school issuing officer. (b ) An application for an employment certificate must be su bmitted by the minor and the minor's parent or legal guardian t o the minor's school issuing officer as follows. (1) The application shall be signe d by the applicant's parent or legal guardian. (2) The application shall be submitted in person by the minor desiring employment, unless the scho ol issuing officer determines that the minor may utilize a remo te application process. ( 3) The minor shall be accompanied by his or her parent, guardian, o r custodian, whether applying in person or remotely. (4) The following papers shall be submitted with t he application: (A) A statement of i ntention to employ signed by the prospective employer, or by someone duly authorized by the prospec tive employer, setting forth the specific nature of the o ccupation in which the prospective employer intends to employ the minor and the exact hours of the day and number of hours per day and days per week during which the minor shall be emp loyed. (B) Evi dence of age showing that the minor is of the age required by this Act, which evidence sh all be documentary, and shall be required in the order design ated, as follows: (i) a birth certificate; or (ii) if a birth certificate i s unavailable, the parent or legal guardian may present other reliable proof of the minor's identity and age that is supported by a sworn statement explaining w hy the birth certificate is not available. Other reliable p roof of the minor's identity and age includ es a passport, visa, or other governmental documentation of the minor's identity. If the student was not born in the United States, the school issuing officer mus t accept birth certificates or other reliable proof from a foreign government. (C) A statement on a form appr oved by the Department and signed by the school issui ng officer, showing the minor's name, address, grade la st completed, the hours the minor's school is in s ession, and other relevant information, as determined by the school issuing officer, about the minor 's school schedule, and the names of the minor's paren t or legal guardian. If any of the information r equired to be on the work permit changes, the issuing officer must update the work permit and provide an updated copy to the Depa rtment, the minor's employer, and the minor's parent or legal guardian. If the minor does not have a permanen t home address or is otherwise eligible for ser vices under the federal McKinney-Vento Homel ess Assistance Act, the lack of a birth certificat e or permanent home address alone shall not be a barrier to receiving an employment certificate.

(D) A statement of physical fitness signed by a hea lth care professional who has examined th e minor, certifying that the minor is physic ally fit to be employed in all legal occupations or to be employed in legal occupations under limitatio ns specified, or, at the discretion of the school iss uing officer, the minor's most recent school p hysical. If the statement of physical fitness is limite d, the employment certificate issued thereon shall st ate clearly the limitations upon its use, and sha ll be valid only when used under the limitations so sta ted. In any case where the health care professional de ems it advisable that he or she may issue a certif icate of physical fitness for a specified period of ti me, at the expiration of which the person for whom it was issued shall appear and be re-examined before being permitted to continue work. Examinations shal l be made in accordance with the standards and procedures prescribed by the Director, in consultation with t he Director of the Department of Public Health and the State Superintendent of Education, and shall be recorded on a form furnished by the Department. When made by public health or public school physicians, the examination shall be ma de without charge to the minor. If a public health or public school health care professional is not avail able, a statement from a private health care professio nal who has examined the minor may be accepted, pr ovided that the examination is made in accordance with the standards and procedures established by th e Department. For purposes of this paragraph, "heal th care professional" means a physician licensed to pra ctice medicine in all its branches, a licensed adv anced practice registered nurse, or a licensed physici an assistant. (5 ) The school issuing officer shall have authori ty to verify the representations provided in the emplo yment certificate application as required by Section 55. A sc hool issuing officer shall not charge a fee for the consideration of an employment certificat e application. (6 ) It shall be the duty of the school board or local school authority to designate a place or places where certificates shall be issued and recorded, and physical examinations made without fee, and to establis h and maintain the necessary records and clerical servi ces for carrying out the provisions of this Act.

(c) Upon receipt of an applicat ion for an employment certificate, a school issuing of ficer shall issue an employment certificate only afte r examining and approving the written applica tion and other papers required under this Section, and determining that the employment shall not be detriment al to the minor's health, welfare, and education. T he school issuing officer shall consider any repor t of death, injury, or illness of a minor at that workplace, received u nder the requirements of Section 35, in the prior 2 years in determining whether the employment shall be detrimenta l to the minor's health, welfare, and education. Upon issuing an employment certificate to a minor, the sch ool issuing officer shall notify the principal of the school attended by the minor, an d provide copies to the Department, the minor's employer, an d the minor's parent or legal guardian. The employment certificate shall be valid for a period of one year fro m the date of issuance, unless suspended or revoked.

(d) If the school issuing officer refu ses to issue a certificate to a minor, the school issuing o fficer shall send to the principal of the school atte nded by the minor a notice of the refusal, including the name and address of the minor and of the minor's parent or legal guardian, and the reason for the refusal to issue the certificate. (e) If a minor from an other state seeks to obtain an Illinois employment certificate, the Department shall work with the State Superintendent of Education, or his or her duly authorized agents, to issue the certificate if the State Superintendent of Education deem s that all requirements for issuance have been met. (f) Upon request, the school issuing officer sha ll issue a certificate of age to any person between 16 and 20 years of age upon presentation of the same proof of age a s is required for the issuance of employment certificates under this Act. (g) Any certificate d uly issued in accordance with this Act shall be prima facie evi dence of the age of the minor for whom it was issued in any proceeding involving the employment of the minor under this Act, as to any act occurring subsequent to its iss uance, or until revoked. (h) The Department may suspend any certificate as an emergency action imperatively required for the health, safety, welfare, or education of the mi nor if: (1) the pa rent or legal guardian of a minor, the school issuing officer, or the principal of the school attended by the mi nor for whom an employment certificate has been issued has aske d for the revocation of the certificate by petition to th e Department in writing, stating the reasons he or she belie ves that the employment is interfering with the health, safety, welfare, or education of the minor; or

(2) in the judgment of the Director, the employment certificate was improperly issued or if the minor is illegally employed. If the certificate is suspended, the Department shall notify the employer o f the minor, the parent or guardian of the minor, the minor's school principal, and the school issuing officer of the suspension in writing and shall schedule an administrative hearing to take place within 2 1 days after the date of any suspension. The minor sh all not thereafter be employed, allowed, or permitted to work unless and until his or her employment certificate has been reinstated. After the hearing, an administrative law judge sha ll issue a final order either reinstating or revoking t he employment certificate. If the certificate is revoke d, the employer shall not thereafter employ, permit, or a llow the minor to work until the minor has obtained a new employment certificate authorizing the minor's e mployment by that employer.(Source: P.A. 103 -721, eff. 1-1-25; revised 10-21-24.) Section 1230. The Und erground Sewer Employee Safety Act is a mended by changing Section 0.05 as follows: (820 ILCS 250/0.05) Sec. 0.05. Federal regulations; operation of Act. (a) Except as provided in subsection ( b), Sections 1 through 6 of this Act are inoperative on and a fter June 10, 2022 (the effective date of Public Act 102-1071) this amendatory Act of the 102nd General Assembly. (b) If at any time the Occupational Safety and Health standards at 29 CFR 1910.120 and , 29 CFR 1910.146 or the Safety and Health Regulations for Construction standards 29 CFR 1926.1201 through 29 CFR 1926.1213 are repealed or revoked, the Director of Labor shall adopt a rule setting forth a determination that this Act should be reviewed and reinstated, in whole or i n part, in order to protect the health and safety of Illinois' workers. On the date such a rule is adopted, this Act shall again become operative.(Source: P.A. 102-1071, eff. 6-1 0-22; revised 7-24-24.)

Section 1235. The Wo rkers' Compensation Act is amended by changing Sectio n 7 as follows: (820 ILCS 305/7) Sec. 7. The amount of compensation wh ich shall be paid for an accidental injury to the empl oyee resulting in death is: (a) If the employee leaves surviving a widow, widower, child o r children, the applicable weekly compensation rate compu ted in accordance with subparagraph 2 of paragraph (b) of Se ction 8, shall be payable during the life of the widow or widower and if any surviving child or children shall not be ph ysically or mentally incapacitated then until the death of the widow or widower or until the youngest child shall reach the ag e of 18, whichever shall come later; provided th at if such child or children shall be enrolled as a full-time full time student in any accredited educational institution, the payments shall contin ue until such child has attained the age of 25. In the event any surviving ch ild or children shall be physically or mentally incapacitated, the payments shall continue for the duration of su ch incapacity. The term "child" means a child whom the dec eased employee left surviving, including a posthumous child, a child legally adopted, a child w hom the deceased employee was legally obligated to support or a child to whom the deceased employee stood in loco parentis. The term "children" means the plural of "child". T he term "physically or mentally incapacitated child or children " means a child or children incapable of engaging in regular and substantial gainful employment. In th e event of the remarriage of a widow or widower, where the de cedent did not leave surviving any child or children who, at the time of such remarriage, are entitled to compensation be nefits under this Act, the surviving spouse shall be paid a lump sum equal to 2 years compensation benefits and all further rights of such widow or widower shall be exting uished. If the employee leaves surviving any child or children under 18 years of age who at the time of d eath shall be entitled to compensation under this paragra ph (a) of this Section, the weekly compensation payments herein provided for such child or children shall in any event con tinue for a period of not less than 6 years. Any beneficiary entitled to compensation under this par agraph (a) of this Section shall receive from the special fund provided in paragraph (f) of this Section, in addition to th e compensation herein provided , supplemental benefits in accordance with paragraph (g) of Section 8. (b) If no compensation is pa yable under paragraph (a) of this Section and the employee lea ves surviving a parent or parents who at the time of the acc ident were totally dependent upon the earnings of the emplo yee then weekly payments equal to the compensation ra te payable in the case where the employee leaves surviving a widow or widower, shall be paid to such parent or parents for the duration of their lives, and in the event of the deat h of either, for the life of the survivor. (c) If no compensation is payable under paragraph p aragraphs (a) or (b) of this Section and the employee leaves surviving any child or children who are not en titled to compensation under the foregoing paragraph (a) but who at the time of the accident were neverthele ss in any manner dependent upon the earnings of the employee, or leaves surviving a parent or parents who at the time of the accident were partially dependent upon the earnings of the employee, then there shall be paid to such dependen t or dependents for a period of 8 years weekly compensation pa yments at such proportion of the applicable rate if the e mployee had left surviving a widow or widower as such depen dency bears to total dependency. In the event of the death of a ny such beneficiary the share of such beneficiary shall be di vided equally among the surviving beneficiaries and in the event of the death of the last such beneficiary all the rig hts under this paragraph shall be extinguished. (d) If no compensation is payable under paragraph paragraphs (a), (b), or (c) of this Section and the employee leaves surviving any grandparent, grandparents, grandchild or grandchildren or collateral heirs dependent upon the em ployee's earnings to the extent of 50% or more of total depend ency, then there shall be paid to such dependent or dependents for a period of 5 years weekly compensation payments at s uch proportion of the applicable rate if the employee h ad left surviving a widow or widower as such dependency bear s to total dependency. In the event of the death of any su ch beneficiary the share of such beneficiary shall be d ivided equally among the surviving beneficiaries and in the event of the death of the last such beneficiary all rights her eunder shall be extinguished. (e) The compen sation to be paid for accidental injury which results in deat h, as provided in this Section, shall be paid to the persons who form the basis for determining the amount of compensation to be paid by the employer, the respectiv e shares to be in the proportion of their respective dependency at the time of th e accident on the earnings of the deceased. The Commission or an Arbitrator thereof may, in i ts or his discretion, order or award the payment to the parent or grandparent of a child for the latter's support t he amount of compensation which but for such order or awar d would have been paid to such child as its share of the c ompensation payable, which order or award may be modifi ed from time to time by the Commission in its discretion w ith respect to the person to whom shall be paid the amo unt of the order or award remaining unpaid at the time of the modification. The payments of compensa tion by the employer in accordance with the order or award of t he Commission discharges such employer from all further obl igation as to such compensation. (f) The sum of $8,000 for burial expenses shall be paid by th e employer to the widow or widower, other dependent, next of k in or to the person or persons incurring the expense of bur ial. In the event the employer failed to provide necessary first aid, medical, surgical or hospital service, he shall pay the cost thereof to the person or perso ns entitled to compensation under paragraphs (a), (b), (c), or (d) of this Section, or to the person or pe rsons incurring the obligation therefore, or providing the sam e. On January 15 and July 15, 1981, and on Ja nuary 15 and July 15 of each year thereafter the employer sha ll within 60 days pay a sum equal to 1/8 of 1% of all compensa tion payments made by him after July 1, 1980, either under this Act or the Workers' Occupational Diseases Act, whether by lump sum settlement or weekly compensation payments, but not including hospital, surgical or rehabilitation payments , made during the first 6 months and during the second 6 m onths respectively of the fiscal year next preceding the date of the payments, i nto a special fund which shall be designated the "Second In jury Fund", of which the State Treasurer is ex officio

ex-officio cust odian, such special fund t o be held and disbursed for the purposes hereinafter s tated in paragraphs (f) and (g) of Section 8, either upon the o rder of the Commission or of a competent court. Said s pecial fund shall be deposited the same as are State funds and any interest acc ruing thereon shall be added thereto every 6 months. It is sub ject to audit the same as State funds and accounts a nd is protected by the General bond given by the State Treas urer. It is considered always appropriated for the purposes o f disbursements as provided in paragraph (f) of Section 8, paragraph (f), o f this Act, and shall be paid out and disbursed as there in provided and shall not at any time be appropriated or diver ted to any other use or purpose. On January 1 5, 1991, the employer shall further pay a sum equal to one hal f of 1% of all compensation payments made by him from January 1, 1990 through June 30, 1990 either under this Act or under the Workers' Occupational Diseases Act, whether by lump sum settlement or weekly compensation payments, but no t including hospital, surgical or rehabilitation payments, int o an additional Special Fund which shall be designated as the "Rate Adjustment Fund". On March 15, 1991, the employe r shall pay into the Rate Adjustment Fund a sum equal to one ha lf of 1% of all such compensation payments made from July 1, 1 990 through December 31, 1990. Within 60 days after July 15, 1 991, the employer shall pay into the Rate Adjustment Fund a sum equal to one half of 1% of all such compensation paymen ts made from January 1, 1991 through June 30, 1991. Within 60 days afte r January 15 of 1992 and each subsequent year through 1996, the employer shall pay into the Rat e Adjustment Fund a sum equal to one half of 1% of all such co mpensation payments made in the last 6 months of the preceding c alendar year. Within 60 day s after July 15 of 1992 and each subsequent year through 1 995, the employer shall pay into the Rate Adjustment Fund a s um equal to one half of 1% of all such compensation payments made in the first 6 months of the same calendar year. Wit hin 60 days after January 15 of 1997 and each subseque nt year through 2005, the employer shall pay into the Rate Adjustment Fund a sum equal to three-fourths of 1% of all such compensation payments made in the last 6 mont hs of the preceding calendar year. Within 60 days after July 15 of 1996 and each subsequent year through 2004, the employer sha ll pay into the Rate Adjustment Fund a sum equal to three-fourths of 1% of all such compensation payments made in the first 6 months of the same calendar year. Within 60 days after July 15 of 2005, the employer shall pay into the Rate A djustment Fund a sum equal to 1% of such compensation payme nts made in the first 6 months of the same calendar year. With in 60 days after January 15 of 2006 and each subsequent year th rough 2024, the employer shall pay into the Rate Adjust ment Fund a sum equal to 1.25% of such compensation payments m ade in the last 6 months of the preceding calendar year. Withi n 60 days after July 15 of 2006 and each subsequent year throug h 2023, the employer shall pay into the Rate Adjustment Fund a sum equal to 1.25% of such compensation payments made in the f irst 6 months of the same calendar year. Within 60 days after July 15 of 2024 and each subsequent year thereafter, the employer sh all pay into the Rate Adjustment Fund a sum equal to 1.375% of such compensation payments made in the first 6 months of the sam e calendar year. Within 60 days after January 15 of 2025 and ea ch subsequent year thereafter, the employer shall pay into the Rate A djustment Fund a sum equal to 1.375% of such compensation pa yments made in the last 6 months of the preceding calendar year . The administrative costs of collecting assessments from employ ers for the Rate Adjustment Fund shall be paid from the Rate Adj ustment Fund. The cost of an actuarial audit of the Fund shall be paid from the Rate Adjustment Fund. The State Treasur er is ex officio custodian of such Special Fund and the same sha ll be held and disbursed for the purposes hereinafter stated i n paragraphs (f) and (g) of Section 8 upon the order of the Comm ission or of a competent court. The Rate Adjustment Fund shall be deposited the same as are State funds and any interest accru ing thereon shall be added thereto every 6 months. It shall b e subject to audit the same as State funds and accounts and s hall be protected by the general bond given by the State Tre asurer. It is considered always appropriated for th e purposes of disbursements as provided in paragraphs (f) and (g) of Section 8 of this Act and shall be paid out and disburse d as therein provided and shall not at any time be appropria ted or diverted to any other use or purpose. Within 5 days after December 7, 1990 (the effective date of Public Act 86-1448) this amendatory Act of 1990 , the Comptroller and the State Treasurer shall transfer $1,00 0,000 from the General Revenue Fund to the Rate Adjustment Fund. By February 15, 1991, the Comptroller and the State Tre asurer shall transfer $1,000,000 from the Rate Adjustment Fund to the General Revenue Fund. The Comptroller and Treasurer ar e authorized to make transfers at the request of the Chairman up to a total of $19,000,000 from the Second Injury Fund, the Gen eral Revenue Fund, and the Workers' Compensation Benefit Tr ust Fund to the Rate Adjustment Fund to the extent that there i s insufficient money in the Rate Adjustment Fund to pay claims and obligations. Amounts may be transferred from the General Revenue Fund only if the funds in the Second Injury Fund or the Workers' Compensation Benefit Trust Fund are insufficien t to pay claims and obligations of the Rate Adjustment Fund. A ll amounts transferred from the Second Injury Fund, the General Revenue Fund, and the Workers' Compensation Benefit Trust Fund shall be repaid f rom the Rate Adjustment Fund within 270 days of a transfer, together with interest at the rate earned by moneys on deposit in the Fund or Funds from which the moneys were tr ansferred. Upon a finding by the Commission, after reasonable notice and hearing, that any employer has willfully and knowingly failed to pay the proper amounts into the Second Injury Fund or the Rate Adjustment Fund requi red by this Section or if such payments are not made within the time periods prescribed by this Section, the employer shal l, in addition to such payments, pay a penalty of 20% of the amount required to be paid or $2,500, whichever is greater, for each year or part thereof of such failure to pay. This p enalty shall only apply to obligations of an employer to the Second Injury Fund or the Rate Adjustment Fund accruing aft er December 18, 1989 (the effective da te of Public Act 86-998) this amendatory Act of 1989. All or p art of such a penalty may be waived by the Commission fo r good cause shown. Any obligations of an em ployer to the Second Injury Fund and Rate Adjustment Fund acc ruing prior to December 18, 1989 (the effecti ve date of Public Act 86-998) this amendatory Act of 1989 shall be paid in full by such employer within 5 years of Decembe r 18, 1989 (the effective date of Public Act 86-998) this amendatory Act of 19 89, with at least one-fifth of such oblig ation to be paid during each year following D ecember 18, 1989 (the effective date of P ublic Act 86-998) this amendator y Act of 1989. If the Commission finds, following reasonable notice and hearing, that an employer has failed to make timely payment of any obligation accruing under the preceding sentence, t he employer shall, in addition to all other payments required by this Section, be liable for a pe nalty equal to 20% of the overdue obligation or $2,500, whichever is g reater, for each year or part thereof that obligati on is overdue. All or part of such a penalty may be waive d by the Commission for good cause shown. The Chairm an of the Illinois Workers' Compensation Commission shall, annually, furnish to the Director of the Departmen t of Insurance a list of the amounts paid into the Second Injury Fund and t he Rate Adjustment Fund by each insurance company on behalf of their insured employers. The Director shall verify to th e Chairman that the amounts paid by each insurance company are accurate as best as the Director can determine from the records available to the Directo r. The Chairman shall verify that the amounts paid by each self-insurer are accurate as best as the Chai rman can determine from records available to the Chairman. The Chairman may require each self-insurer to provide information conc erning the total compensation payments made upon which contributions to the Second Injury Fund and the Rate Ad justment Fund are predicated and any additional information establishing that such payments have been made into these fund s. Any deficiencies in payments noted by the Director or C hairman shall be subject to the penalty provisions of this A ct. The State Treasurer, or his d uly authorized representative, shall be named as a party to all proceedings in all cases involving claim for t he loss of, or the permanent and complete loss of the use of one eye, one foot, one leg, one arm or one hand.

The State Treasurer or his duly authorized agent shall have the same rights as any other party to the proceedin g, including the right to petition for review of any award. The reasonable expenses of litigation, such as medical examina tions, testimony, and transcript of evidence, incurr ed by the State Treasurer or his duly authorized representat ive, shall be borne by the Second Injury Fund. If the award is not paid within 30 days after the date th e award has become final, the Commission shall proceed to t ake judgment thereon in its own name as is provided f or other awards by paragraph (g) of Section 19 of this Act and take the necessary steps to collect the award. Any person, corporation or organization who has paid or become liable for the payment of burial expenses of the d eceased employee may in his or its own name institute proceedings b efore the Commission for the collection thereof.

For the purpose of administration, receipts and disbursem ents, the Special Fund provided for in paragraph (f) of this Sec tion shall be administered jointly with the Special Fund provided for in paragrap h (f) of Section 7, paragraph (f) of the Workers' Occupational Diseases Act. (g) All compensation, except for burial e xpenses provided in this Section to be paid in case accident r esults in death, shall be paid in installments equal to the pe rcentage of the average earnings as provided for in paragraph (b) of Section 8, paragrap h (b) of this Act, at the same intervals at whic h the wages or earnings of the employees were paid. If thi s is not feasible, then the installments shall be paid weekly. Such compensation may be paid in a lump sum upon petitio n as provided in Section 9 of this Act. However, in addi tion to the benefits provided by Section 9 of this Act w here compensation for death is payable to the deceased' s widow, widower or to the deceased's widow, widower and one or more children, a nd where a partial lump sum is applied for by su ch beneficiary or beneficiaries within 18 months after the dec eased's death, the Commission may, in its discretion, grant a p artial lump sum of not to exceed 100 weeks of the compensation capitalized at their present value upon the basis of interest calculated at 3% per annum with annual rest s, upon a showing that such partial lump sum is for the be st interest of such beneficiary or beneficiaries.

(h) In case the injured employee is under 16 years of a ge at the time of the accident and is illegally employed, the amount of compensa tion payable under paragraphs (a), (b), (c), (d), and (f) of this S ection shall be increased 50%. Nothing here in contained repeals or amends the provisions of the Child Labo r Law of 2024 relating to the employment of minors under the age of 16 years. However, where an emplo yer has on file an employment certificate issued pursuant to t he Child Labor Law of 2024 or work permit issued pursuant to the Federal Fair Labor Standards Act, as amended, or a birth cert ificate properly and duly issued, such certificate, permi t or birth certificate is conclusive evidence as to the age of the injured minor employee for the purposes of this Section onl y. (i) Whenever the dependents of a decea sed employee are noncitizens not residing in the United State s, Mexico or Canada, the amount of compensation payable i s limited to the beneficiaries described in paragraphs (a), (b ), and (c) of thi s Section and is 50% of the compensation provided in parag raphs (a), (b), and (c) of this Section, except as otherwise provided by treaty. In a case where any of the persons who would be entitled to compensation is living at any plac e outside of the United States, then payment shall be made to the personal representative of the deceased employee. The distribution by such personal representative to the persons entitled shall be made to such persons and i n such manner as the Commission orders.(Source: P.A. 102-1030, eff. 5-27-22; 103-590, eff. 6-5-24; 103-721, eff. 1-1 -25; revised 10-10-24.) Section 9995. No accelerat ion or delay. Where this Act mak es changes in a statute that is represented in this Act b y text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not acce lerate or delay the taking effect of (i) the changes mad e by this Act or (ii) provisions derived from any other Public Act. Sectio n 9996. No revival or extension . This Act does not revive or exten d any Section or Act otherwise repealed. Section 9999. Effective date. This Act takes effect upon becoming law.