Public Act 102-0813
 
HB5501 EnrolledLRB102 24698 AMC 33937 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 2022 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 In certain cases in which a repealed Act or Section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incorporate amendments to the repealed Act or Section into the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 101-652 through 102-691 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 Regulatory Sunset Act is amended by
changing Section 4.37 as follows:
 
    (5 ILCS 80/4.37)
    (Text of Section before amendment by P.A. 102-683)
    Sec. 4.37. Acts and Articles repealed on January 1, 2027.
The following are repealed on January 1, 2027:
    The Clinical Psychologist Licensing Act.
    The Illinois Optometric Practice Act of 1987.
    Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
and XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
    The Boiler and Pressure Vessel Repairer Regulation Act.
    The Marriage and Family Therapy Licensing Act.
    The Boxing and Full-contact Martial Arts Act.
    The Cemetery Oversight Act.
    The Community Association Manager Licensing and
Disciplinary Act.
    The Detection of Deception Examiners Act.
    The Home Inspector License Act.
    The Massage Licensing Act.
    The Medical Practice Act of 1987.
    The Petroleum Equipment Contractors Licensing Act.
    The Radiation Protection Act of 1990.
    The Real Estate Appraiser Licensing Act of 2002.
    The Registered Interior Designers Act.
    The Landscape Architecture Registration Act.
    The Water Well and Pump Installation Contractor's License
Act.
    The Collateral Recovery Act.
(Source: P.A. 102-20, eff. 6-25-21; 102-284, eff. 8-6-21;
102-437, eff. 8-20-21; 102-656, eff. 8-27-21; revised
10-13-21.)
 
    (Text of Section after amendment by P.A. 102-683)
    Sec. 4.37. Acts and Articles repealed on January 1, 2027.
The following are repealed on January 1, 2027:
    The Clinical Psychologist Licensing Act.
    The Illinois Optometric Practice Act of 1987.
    Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
and XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
    The Boiler and Pressure Vessel Repairer Regulation Act.
    The Marriage and Family Therapy Licensing Act.
    The Boxing and Full-contact Martial Arts Act.
    The Cemetery Oversight Act.
    The Community Association Manager Licensing and
Disciplinary Act.
    The Detection of Deception Examiners Act.
    The Home Inspector License Act.
    The Massage Licensing Act.
    The Medical Practice Act of 1987.
    The Petroleum Equipment Contractors Licensing Act.
    The Radiation Protection Act of 1990.
    The Real Estate Appraiser Licensing Act of 2002.
    The Registered Interior Designers Act.
    The Landscape Architecture Registration Act.
    The Water Well and Pump Installation Contractor's License
Act.
    The Collateral Recovery Act.
    The Licensed Certified Professional Midwife Practice Act.
(Source: P.A. 102-20, eff. 6-25-21; 102-284, eff. 8-6-21;
102-437, eff. 8-20-21; 102-656, eff. 8-27-21; 102-683, eff.
10-1-22; revised 1-5-22.)
 
    Section 10. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 and by setting forth,
renumbering, and changing multiple versions of Sections 5-45.8
and 5-45.9 as follows:
 
    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
    Sec. 5-45. Emergency rulemaking.
    (a) "Emergency" means the existence of any situation that
any agency finds reasonably constitutes a threat to the public
interest, safety, or welfare.
    (b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required by
Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking
with the Secretary of State under Section 5-70. The notice
shall include the text of the emergency rule and shall be
published in the Illinois Register. Consent orders or other
court orders adopting settlements negotiated by an agency may
be adopted under this Section. Subject to applicable
constitutional or statutory provisions, an emergency rule
becomes effective immediately upon filing under Section 5-65
or at a stated date less than 10 days thereafter. The agency's
finding and a statement of the specific reasons for the
finding shall be filed with the rule. The agency shall take
reasonable and appropriate measures to make emergency rules
known to the persons who may be affected by them.
    (c) An emergency rule may be effective for a period of not
longer than 150 days, but the agency's authority to adopt an
identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24-month
period, except that this limitation on the number of emergency
rules that may be adopted in a 24-month period does not apply
to (i) emergency rules that make additions to and deletions
from the Drug Manual under Section 5-5.16 of the Illinois
Public Aid Code or the generic drug formulary under Section
3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
emergency rules adopted by the Pollution Control Board before
July 1, 1997 to implement portions of the Livestock Management
Facilities Act, (iii) emergency rules adopted by the Illinois
Department of Public Health under subsections (a) through (i)
of Section 2 of the Department of Public Health Act when
necessary to protect the public's health, (iv) emergency rules
adopted pursuant to subsection (n) of this Section, (v)
emergency rules adopted pursuant to subsection (o) of this
Section, or (vi) emergency rules adopted pursuant to
subsection (c-5) of this Section. Two or more emergency rules
having substantially the same purpose and effect shall be
deemed to be a single rule for purposes of this Section.
    (c-5) To facilitate the maintenance of the program of
group health benefits provided to annuitants, survivors, and
retired employees under the State Employees Group Insurance
Act of 1971, rules to alter the contributions to be paid by the
State, annuitants, survivors, retired employees, or any
combination of those entities, for that program of group
health benefits, shall be adopted as emergency rules. The
adoption of those rules shall be considered an emergency and
necessary for the public interest, safety, and welfare.
    (d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act
90-587 or 90-588 or any other budget initiative for fiscal
year 1999 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (d). The adoption of emergency rules authorized by
this subsection (d) shall be deemed to be necessary for the
public interest, safety, and welfare.
    (e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of Public Act 91-24
or any other budget initiative for fiscal year 2000 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (e). The adoption of
emergency rules authorized by this subsection (e) shall be
deemed to be necessary for the public interest, safety, and
welfare.
    (f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of Public Act
91-712 or any other budget initiative for fiscal year 2001 may
be adopted in accordance with this Section by the agency
charged with administering that provision or initiative,
except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (f). The
adoption of emergency rules authorized by this subsection (f)
shall be deemed to be necessary for the public interest,
safety, and welfare.
    (g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of Public Act 92-10
or any other budget initiative for fiscal year 2002 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (g). The adoption of
emergency rules authorized by this subsection (g) shall be
deemed to be necessary for the public interest, safety, and
welfare.
    (h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of Public Act
92-597 or any other budget initiative for fiscal year 2003 may
be adopted in accordance with this Section by the agency
charged with administering that provision or initiative,
except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (h). The
adoption of emergency rules authorized by this subsection (h)
shall be deemed to be necessary for the public interest,
safety, and welfare.
    (i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,
emergency rules to implement any provision of Public Act 93-20
or any other budget initiative for fiscal year 2004 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (i). The adoption of
emergency rules authorized by this subsection (i) shall be
deemed to be necessary for the public interest, safety, and
welfare.
    (j) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2005 budget as provided under the Fiscal Year 2005 Budget
Implementation (Human Services) Act, emergency rules to
implement any provision of the Fiscal Year 2005 Budget
Implementation (Human Services) Act may be adopted in
accordance with this Section by the agency charged with
administering that provision, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (j). The Department of Public
Aid may also adopt rules under this subsection (j) necessary
to administer the Illinois Public Aid Code and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.
    (k) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2006 budget, emergency rules to implement any provision of
Public Act 94-48 or any other budget initiative for fiscal
year 2006 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (k). The Department of Healthcare and Family
Services may also adopt rules under this subsection (k)
necessary to administer the Illinois Public Aid Code, the
Senior Citizens and Persons with Disabilities Property Tax
Relief Act, the Senior Citizens and Disabled Persons
Prescription Drug Discount Program Act (now the Illinois
Prescription Drug Discount Program Act), and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (k) shall be deemed to be
necessary for the public interest, safety, and welfare.
    (l) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2007 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2007, including
rules effective July 1, 2007, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (l) shall be deemed to be necessary for the
public interest, safety, and welfare.
    (m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
    (n) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2010 budget, emergency rules to implement any provision of
Public Act 96-45 or any other budget initiative authorized by
the 96th General Assembly for fiscal year 2010 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (n) shall be
deemed to be necessary for the public interest, safety, and
welfare. The rulemaking authority granted in this subsection
(n) shall apply only to rules promulgated during Fiscal Year
2010.
    (o) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2011 budget, emergency rules to implement any provision of
Public Act 96-958 or any other budget initiative authorized by
the 96th General Assembly for fiscal year 2011 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (o) is deemed to
be necessary for the public interest, safety, and welfare. The
rulemaking authority granted in this subsection (o) applies
only to rules promulgated on or after July 1, 2010 (the
effective date of Public Act 96-958) through June 30, 2011.
    (p) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 97-689,
emergency rules to implement any provision of Public Act
97-689 may be adopted in accordance with this subsection (p)
by the agency charged with administering that provision or
initiative. The 150-day limitation of the effective period of
emergency rules does not apply to rules adopted under this
subsection (p), and the effective period may continue through
June 30, 2013. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (p). The adoption of emergency rules authorized by
this subsection (p) is deemed to be necessary for the public
interest, safety, and welfare.
    (q) In order to provide for the expeditious and timely
implementation of the provisions of Articles 7, 8, 9, 11, and
12 of Public Act 98-104, emergency rules to implement any
provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
may be adopted in accordance with this subsection (q) by the
agency charged with administering that provision or
initiative. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (q). The adoption of emergency rules authorized by
this subsection (q) is deemed to be necessary for the public
interest, safety, and welfare.
    (r) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 98-651,
emergency rules to implement Public Act 98-651 may be adopted
in accordance with this subsection (r) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (r). The adoption of emergency rules
authorized by this subsection (r) is deemed to be necessary
for the public interest, safety, and welfare.
    (s) In order to provide for the expeditious and timely
implementation of the provisions of Sections 5-5b.1 and 5A-2
of the Illinois Public Aid Code, emergency rules to implement
any provision of Section 5-5b.1 or Section 5A-2 of the
Illinois Public Aid Code may be adopted in accordance with
this subsection (s) by the Department of Healthcare and Family
Services. The rulemaking authority granted in this subsection
(s) shall apply only to those rules adopted prior to July 1,
2015. Notwithstanding any other provision of this Section, any
emergency rule adopted under this subsection (s) shall only
apply to payments made for State fiscal year 2015. The
adoption of emergency rules authorized by this subsection (s)
is deemed to be necessary for the public interest, safety, and
welfare.
    (t) In order to provide for the expeditious and timely
implementation of the provisions of Article II of Public Act
99-6, emergency rules to implement the changes made by Article
II of Public Act 99-6 to the Emergency Telephone System Act may
be adopted in accordance with this subsection (t) by the
Department of State Police. The rulemaking authority granted
in this subsection (t) shall apply only to those rules adopted
prior to July 1, 2016. The 24-month limitation on the adoption
of emergency rules does not apply to rules adopted under this
subsection (t). The adoption of emergency rules authorized by
this subsection (t) is deemed to be necessary for the public
interest, safety, and welfare.
    (u) In order to provide for the expeditious and timely
implementation of the provisions of the Burn Victims Relief
Act, emergency rules to implement any provision of the Act may
be adopted in accordance with this subsection (u) by the
Department of Insurance. The rulemaking authority granted in
this subsection (u) shall apply only to those rules adopted
prior to December 31, 2015. The adoption of emergency rules
authorized by this subsection (u) is deemed to be necessary
for the public interest, safety, and welfare.
    (v) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-516,
emergency rules to implement Public Act 99-516 may be adopted
in accordance with this subsection (v) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (v). The adoption of emergency rules
authorized by this subsection (v) is deemed to be necessary
for the public interest, safety, and welfare.
    (w) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-796,
emergency rules to implement the changes made by Public Act
99-796 may be adopted in accordance with this subsection (w)
by the Adjutant General. The adoption of emergency rules
authorized by this subsection (w) is deemed to be necessary
for the public interest, safety, and welfare.
    (x) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-906,
emergency rules to implement subsection (i) of Section
16-115D, subsection (g) of Section 16-128A, and subsection (a)
of Section 16-128B of the Public Utilities Act may be adopted
in accordance with this subsection (x) by the Illinois
Commerce Commission. The rulemaking authority granted in this
subsection (x) shall apply only to those rules adopted within
180 days after June 1, 2017 (the effective date of Public Act
99-906). The adoption of emergency rules authorized by this
subsection (x) is deemed to be necessary for the public
interest, safety, and welfare.
    (y) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-23,
emergency rules to implement the changes made by Public Act
100-23 to Section 4.02 of the Illinois Act on the Aging,
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
Section 55-30 of the Alcoholism and Other Drug Abuse and
Dependency Act, and Sections 74 and 75 of the Mental Health and
Developmental Disabilities Administrative Act may be adopted
in accordance with this subsection (y) by the respective
Department. The adoption of emergency rules authorized by this
subsection (y) is deemed to be necessary for the public
interest, safety, and welfare.
    (z) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-554,
emergency rules to implement the changes made by Public Act
100-554 to Section 4.7 of the Lobbyist Registration Act may be
adopted in accordance with this subsection (z) by the
Secretary of State. The adoption of emergency rules authorized
by this subsection (z) is deemed to be necessary for the public
interest, safety, and welfare.
    (aa) In order to provide for the expeditious and timely
initial implementation of the changes made to Articles 5, 5A,
12, and 14 of the Illinois Public Aid Code under the provisions
of Public Act 100-581, the Department of Healthcare and Family
Services may adopt emergency rules in accordance with this
subsection (aa). The 24-month limitation on the adoption of
emergency rules does not apply to rules to initially implement
the changes made to Articles 5, 5A, 12, and 14 of the Illinois
Public Aid Code adopted under this subsection (aa). The
adoption of emergency rules authorized by this subsection (aa)
is deemed to be necessary for the public interest, safety, and
welfare.
    (bb) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-587,
emergency rules to implement the changes made by Public Act
100-587 to Section 4.02 of the Illinois Act on the Aging,
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
subsection (b) of Section 55-30 of the Alcoholism and Other
Drug Abuse and Dependency Act, Section 5-104 of the
Specialized Mental Health Rehabilitation Act of 2013, and
Section 75 and subsection (b) of Section 74 of the Mental
Health and Developmental Disabilities Administrative Act may
be adopted in accordance with this subsection (bb) by the
respective Department. The adoption of emergency rules
authorized by this subsection (bb) is deemed to be necessary
for the public interest, safety, and welfare.
    (cc) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-587,
emergency rules may be adopted in accordance with this
subsection (cc) to implement the changes made by Public Act
100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
Pension Code by the Board created under Article 14 of the Code;
Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
the Board created under Article 15 of the Code; and Sections
16-190.5 and 16-190.6 of the Illinois Pension Code by the
Board created under Article 16 of the Code. The adoption of
emergency rules authorized by this subsection (cc) is deemed
to be necessary for the public interest, safety, and welfare.
    (dd) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-864,
emergency rules to implement the changes made by Public Act
100-864 to Section 3.35 of the Newborn Metabolic Screening Act
may be adopted in accordance with this subsection (dd) by the
Secretary of State. The adoption of emergency rules authorized
by this subsection (dd) is deemed to be necessary for the
public interest, safety, and welfare.
    (ee) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-1172,
emergency rules implementing the Illinois Underground Natural
Gas Storage Safety Act may be adopted in accordance with this
subsection by the Department of Natural Resources. The
adoption of emergency rules authorized by this subsection is
deemed to be necessary for the public interest, safety, and
welfare.
    (ff) In order to provide for the expeditious and timely
initial implementation of the changes made to Articles 5A and
14 of the Illinois Public Aid Code under the provisions of
Public Act 100-1181, the Department of Healthcare and Family
Services may on a one-time-only basis adopt emergency rules in
accordance with this subsection (ff). The 24-month limitation
on the adoption of emergency rules does not apply to rules to
initially implement the changes made to Articles 5A and 14 of
the Illinois Public Aid Code adopted under this subsection
(ff). The adoption of emergency rules authorized by this
subsection (ff) is deemed to be necessary for the public
interest, safety, and welfare.
    (gg) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 101-1,
emergency rules may be adopted by the Department of Labor in
accordance with this subsection (gg) to implement the changes
made by Public Act 101-1 to the Minimum Wage Law. The adoption
of emergency rules authorized by this subsection (gg) is
deemed to be necessary for the public interest, safety, and
welfare.
    (hh) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 101-10,
emergency rules may be adopted in accordance with this
subsection (hh) to implement the changes made by Public Act
101-10 to subsection (j) of Section 5-5.2 of the Illinois
Public Aid Code. The adoption of emergency rules authorized by
this subsection (hh) is deemed to be necessary for the public
interest, safety, and welfare.
    (ii) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 101-10,
emergency rules to implement the changes made by Public Act
101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid
Code may be adopted in accordance with this subsection (ii) by
the Department of Public Health. The adoption of emergency
rules authorized by this subsection (ii) is deemed to be
necessary for the public interest, safety, and welfare.
    (jj) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 101-10,
emergency rules to implement the changes made by Public Act
101-10 to Section 74 of the Mental Health and Developmental
Disabilities Administrative Act may be adopted in accordance
with this subsection (jj) by the Department of Human Services.
The adoption of emergency rules authorized by this subsection
(jj) is deemed to be necessary for the public interest,
safety, and welfare.
    (kk) In order to provide for the expeditious and timely
implementation of the Cannabis Regulation and Tax Act, Public
Act 101-27, and Public Act 102-98 this amendatory Act of the
102nd General Assembly, the Department of Revenue, the
Department of Public Health, the Department of Agriculture,
the Department of State Police, and the Department of
Financial and Professional Regulation may adopt emergency
rules in accordance with this subsection (kk). The rulemaking
authority granted in this subsection (kk) shall apply only to
rules adopted before December 31, 2021. Notwithstanding the
provisions of subsection (c), emergency rules adopted under
this subsection (kk) shall be effective for 180 days. The
adoption of emergency rules authorized by this subsection (kk)
is deemed to be necessary for the public interest, safety, and
welfare.
    (ll) In order to provide for the expeditious and timely
implementation of the provisions of the Leveling the Playing
Field for Illinois Retail Act, emergency rules may be adopted
in accordance with this subsection (ll) to implement the
changes made by the Leveling the Playing Field for Illinois
Retail Act. The adoption of emergency rules authorized by this
subsection (ll) is deemed to be necessary for the public
interest, safety, and welfare.
    (mm) In order to provide for the expeditious and timely
implementation of the provisions of Section 25-70 of the
Sports Wagering Act, emergency rules to implement Section
25-70 of the Sports Wagering Act may be adopted in accordance
with this subsection (mm) by the Department of the Lottery as
provided in the Sports Wagering Act. The adoption of emergency
rules authorized by this subsection (mm) is deemed to be
necessary for the public interest, safety, and welfare.
    (nn) In order to provide for the expeditious and timely
implementation of the Sports Wagering Act, emergency rules to
implement the Sports Wagering Act may be adopted in accordance
with this subsection (nn) by the Illinois Gaming Board. The
adoption of emergency rules authorized by this subsection (nn)
is deemed to be necessary for the public interest, safety, and
welfare.
    (oo) In order to provide for the expeditious and timely
implementation of the provisions of subsection (c) of Section
20 of the Video Gaming Act, emergency rules to implement the
provisions of subsection (c) of Section 20 of the Video Gaming
Act may be adopted in accordance with this subsection (oo) by
the Illinois Gaming Board. The adoption of emergency rules
authorized by this subsection (oo) is deemed to be necessary
for the public interest, safety, and welfare.
    (pp) In order to provide for the expeditious and timely
implementation of the provisions of Section 50 of the Sexual
Assault Evidence Submission Act, emergency rules to implement
Section 50 of the Sexual Assault Evidence Submission Act may
be adopted in accordance with this subsection (pp) by the
Department of State Police. The adoption of emergency rules
authorized by this subsection (pp) is deemed to be necessary
for the public interest, safety, and welfare.
    (qq) In order to provide for the expeditious and timely
implementation of the provisions of the Illinois Works Jobs
Program Act, emergency rules may be adopted in accordance with
this subsection (qq) to implement the Illinois Works Jobs
Program Act. The adoption of emergency rules authorized by
this subsection (qq) is deemed to be necessary for the public
interest, safety, and welfare.
    (rr) In order to provide for the expeditious and timely
implementation of the provisions of subsection (c) of Section
2-3.130 of the School Code, emergency rules to implement
subsection (c) of Section 2-3.130 of the School Code may be
adopted in accordance with this subsection (rr) by the State
Board of Education. The adoption of emergency rules authorized
by this subsection (rr) is deemed to be necessary for the
public interest, safety, and welfare.
(Source: P.A. 101-1, eff. 2-19-19; 101-10, Article 20, Section
20-5, eff. 6-5-19; 101-10, Article 35, Section 35-5, eff.
6-5-19; 101-27, eff. 6-25-19; 101-31, Article 15, Section
15-5, eff. 6-28-19; 101-31, Article 25, Section 25-900, eff.
6-28-19; 101-31, Article 35, Section 35-3, eff. 6-28-19;
101-377, eff. 8-16-19; 101-601, eff. 12-10-19; 102-98, eff.
7-15-21; 102-339, eff. 8-13-21; revised 10-6-21.)
 
    (5 ILCS 100/5-45.8)
    (Section scheduled to be repealed on June 17, 2022)
    Sec. 5-45.8. Emergency rulemaking; federal American Rescue
Plan Act of 2021. To provide for the expeditious and timely
implementation of the distribution of federal Coronavirus
Local Fiscal Recovery Fund moneys to eligible units of local
government in accordance with the Section 9901 of the federal
American Rescue Plan Act of 2021, emergency rules may be
adopted by any State agency authorized thereunder to so
implement the distribution. 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 17, 2022 (one year after the
effective date of Public Act 102-16) this amendatory Act of
the 102nd General Assembly.
(Source: P.A. 102-16, eff. 6-17-21; revised 10-22-21.)
 
    (5 ILCS 100/5-45.9)
    (Section scheduled to be repealed on June 17, 2022)
    Sec. 5-45.9. Emergency rulemaking; Illinois Public Aid
Code. To provide for the expeditious and timely implementation
of the changes made to Articles 5 and 12 of the Illinois Public
Aid Code by Public Act 102-16 this amendatory Act of the 102nd
General Assembly, emergency rules implementing the changes
made to Articles 5 and 12 of the Illinois Public Aid Code by
Public Act 102-16 this amendatory Act of the 102nd General
Assembly may be adopted in accordance with Section 5-45 by the
Department of Healthcare and Family 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 17, 2022 (one year after the
effective date of Public Act 102-16) this amendatory Act of
the 102nd General Assembly.
(Source: P.A. 102-16, eff. 6-17-21; revised 10-25-21.)
 
    (5 ILCS 100/5-45.15)
    Sec. 5-45.15 5-45.8. (Repealed).
(Source: P.A. 102-39, eff. 6-25-21; revised 1-5-22. Repealed
internally, eff. 1-1-22.)
 
    (5 ILCS 100/5-45.16)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 5-45.16 5-45.8. Emergency rulemaking; Medicaid
eligibility expansion. To provide for the expeditious and
timely implementation of the changes made to paragraph 6 of
Section 5-2 of the Illinois Public Aid Code by Public Act
102-43 this amendatory Act of the 102nd General Assembly,
emergency rules implementing the changes made to paragraph 6
of Section 5-2 of the Illinois Public Aid Code by Public Act
102-43 this amendatory Act of the 102nd General Assembly 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 on January 1, 2027.
(Source: P.A. 102-43, eff. 7-6-21; revised 10-22-21.)
 
    (5 ILCS 100/5-45.17)
    Sec. 5-45.17 5-45.8. (Repealed).
(Source: P.A. 102-104, eff. 7-22-21; revised 1-5-22. Repealed
internally, eff. 1-1-22.)
 
    (5 ILCS 100/5-45.18)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 5-45.18 5-45.8. Emergency rulemaking; Nursing Home
Care Act. To provide for the expeditious and timely
implementation of Public Act 102-640 this amendatory Act of
the 102nd General Assembly, emergency rules implementing
Section 3-102.3 of the Nursing Home Care Act may be adopted in
accordance with Section 5-45 by the Department of Public
Health. 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 January 1, 2027.
(Source: P.A. 102-640, eff. 8-27-21; revised 10-22-21.)
 
    (5 ILCS 100/5-45.19)
    (Section scheduled to be repealed on September 15, 2022)
    Sec. 5-45.19 5-45.9. Emergency rulemaking; Multi-Year
Integrated Grid Plans. To provide for the expeditious and
timely implementation of Section 16-105.17 of the Public
Utilities Act, emergency rules implementing Section 16-105.17
of the Public Utilities Act may be adopted in accordance with
Section 5-45 by the Illinois Commerce Commission. 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 September 15, 2022 (one year
after the effective date of Public Act 102-662) this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-662, eff. 9-15-21; revised 10-25-21.)
 
    Section 15. The Open Meetings Act is amended by changing
Section 2 as follows:
 
    (5 ILCS 120/2)  (from Ch. 102, par. 42)
    Sec. 2. Open meetings.
    (a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
    (b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do
not require the holding of a closed meeting to discuss a
subject included within an enumerated exception.
    (c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
        (1) The appointment, employment, compensation,
    discipline, performance, or dismissal of specific
    employees, specific individuals who serve as independent
    contractors in a park, recreational, or educational
    setting, or specific volunteers of the public body or
    legal counsel for the public body, including hearing
    testimony on a complaint lodged against an employee, a
    specific individual who serves as an independent
    contractor in a park, recreational, or educational
    setting, or a volunteer of the public body or against
    legal counsel for the public body to determine its
    validity. However, a meeting to consider an increase in
    compensation to a specific employee of a public body that
    is subject to the Local Government Wage Increase
    Transparency Act may not be closed and shall be open to the
    public and posted and held in accordance with this Act.
        (2) Collective negotiating matters between the public
    body and its employees or their representatives, or
    deliberations concerning salary schedules for one or more
    classes of employees.
        (3) The selection of a person to fill a public office,
    as defined in this Act, including a vacancy in a public
    office, when the public body is given power to appoint
    under law or ordinance, or the discipline, performance or
    removal of the occupant of a public office, when the
    public body is given power to remove the occupant under
    law or ordinance.
        (4) Evidence or testimony presented in open hearing,
    or in closed hearing where specifically authorized by law,
    to a quasi-adjudicative body, as defined in this Act,
    provided that the body prepares and makes available for
    public inspection a written decision setting forth its
    determinative reasoning.
        (5) The purchase or lease of real property for the use
    of the public body, including meetings held for the
    purpose of discussing whether a particular parcel should
    be acquired.
        (6) The setting of a price for sale or lease of
    property owned by the public body.
        (7) The sale or purchase of securities, investments,
    or investment contracts. This exception shall not apply to
    the investment of assets or income of funds deposited into
    the Illinois Prepaid Tuition Trust Fund.
        (8) Security procedures, school building safety and
    security, and the use of personnel and equipment to
    respond to an actual, a threatened, or a reasonably
    potential danger to the safety of employees, students,
    staff, the public, or public property.
        (9) Student disciplinary cases.
        (10) The placement of individual students in special
    education programs and other matters relating to
    individual students.
        (11) Litigation, when an action against, affecting or
    on behalf of the particular public body has been filed and
    is pending before a court or administrative tribunal, or
    when the public body finds that an action is probable or
    imminent, in which case the basis for the finding shall be
    recorded and entered into the minutes of the closed
    meeting.
        (12) The establishment of reserves or settlement of
    claims as provided in the Local Governmental and
    Governmental Employees Tort Immunity Act, if otherwise the
    disposition of a claim or potential claim might be
    prejudiced, or the review or discussion of claims, loss or
    risk management information, records, data, advice or
    communications from or with respect to any insurer of the
    public body or any intergovernmental risk management
    association or self insurance pool of which the public
    body is a member.
        (13) Conciliation of complaints of discrimination in
    the sale or rental of housing, when closed meetings are
    authorized by the law or ordinance prescribing fair
    housing practices and creating a commission or
    administrative agency for their enforcement.
        (14) Informant sources, the hiring or assignment of
    undercover personnel or equipment, or ongoing, prior or
    future criminal investigations, when discussed by a public
    body with criminal investigatory responsibilities.
        (15) Professional ethics or performance when
    considered by an advisory body appointed to advise a
    licensing or regulatory agency on matters germane to the
    advisory body's field of competence.
        (16) Self evaluation, practices and procedures or
    professional ethics, when meeting with a representative of
    a statewide association of which the public body is a
    member.
        (17) The recruitment, credentialing, discipline or
    formal peer review of physicians or other health care
    professionals, or for the discussion of matters protected
    under the federal Patient Safety and Quality Improvement
    Act of 2005, and the regulations promulgated thereunder,
    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
    Health Insurance Portability and Accountability Act of
    1996, and the regulations promulgated thereunder,
    including 45 C.F.R. Parts 160, 162, and 164, by a
    hospital, or other institution providing medical care,
    that is operated by the public body.
        (18) Deliberations for decisions of the Prisoner
    Review Board.
        (19) Review or discussion of applications received
    under the Experimental Organ Transplantation Procedures
    Act.
        (20) The classification and discussion of matters
    classified as confidential or continued confidential by
    the State Government Suggestion Award Board.
        (21) Discussion of minutes of meetings lawfully closed
    under this Act, whether for purposes of approval by the
    body of the minutes or semi-annual review of the minutes
    as mandated by Section 2.06.
        (22) Deliberations for decisions of the State
    Emergency Medical Services Disciplinary Review Board.
        (23) The operation by a municipality of a municipal
    utility or the operation of a municipal power agency or
    municipal natural gas agency when the discussion involves
    (i) contracts relating to the purchase, sale, or delivery
    of electricity or natural gas or (ii) the results or
    conclusions of load forecast studies.
        (24) Meetings of a residential health care facility
    resident sexual assault and death review team or the
    Executive Council under the Abuse Prevention Review Team
    Act.
        (25) Meetings of an independent team of experts under
    Brian's Law.
        (26) Meetings of a mortality review team appointed
    under the Department of Juvenile Justice Mortality Review
    Team Act.
        (27) (Blank).
        (28) Correspondence and records (i) that may not be
    disclosed under Section 11-9 of the Illinois Public Aid
    Code or (ii) that pertain to appeals under Section 11-8 of
    the Illinois Public Aid Code.
        (29) Meetings between internal or external auditors
    and governmental audit committees, finance committees, and
    their equivalents, when the discussion involves internal
    control weaknesses, identification of potential fraud risk
    areas, known or suspected frauds, and fraud interviews
    conducted in accordance with generally accepted auditing
    standards of the United States of America.
        (30) Those meetings or portions of meetings of a
    fatality review team or the Illinois Fatality Review Team
    Advisory Council during which a review of the death of an
    eligible adult in which abuse or neglect is suspected,
    alleged, or substantiated is conducted pursuant to Section
    15 of the Adult Protective Services Act.
        (31) Meetings and deliberations for decisions of the
    Concealed Carry Licensing Review Board under the Firearm
    Concealed Carry Act.
        (32) Meetings between the Regional Transportation
    Authority Board and its Service Boards when the discussion
    involves review by the Regional Transportation Authority
    Board of employment contracts under Section 28d of the
    Metropolitan Transit Authority Act and Sections 3A.18 and
    3B.26 of the Regional Transportation Authority Act.
        (33) Those meetings or portions of meetings of the
    advisory committee and peer review subcommittee created
    under Section 320 of the Illinois Controlled Substances
    Act during which specific controlled substance prescriber,
    dispenser, or patient information is discussed.
        (34) Meetings of the Tax Increment Financing Reform
    Task Force under Section 2505-800 of the Department of
    Revenue Law of the Civil Administrative Code of Illinois.
        (35) Meetings of the group established to discuss
    Medicaid capitation rates under Section 5-30.8 of the
    Illinois Public Aid Code.
        (36) Those deliberations or portions of deliberations
    for decisions of the Illinois Gaming Board in which there
    is discussed any of the following: (i) personal,
    commercial, financial, or other information obtained from
    any source that is privileged, proprietary, confidential,
    or a trade secret; or (ii) information specifically
    exempted from the disclosure by federal or State law.
        (37) Deliberations for decisions of the Illinois Law
    Enforcement Training Standards Board, the Certification
    Review Panel, and the Illinois State Police Merit Board
    regarding certification and decertification.
        (38) Meetings of the Ad Hoc Statewide Domestic
    Violence Fatality Review Committee of the Illinois
    Criminal Justice Information Authority Board that occur in
    closed executive session under subsection (d) of Section
    35 of the Domestic Violence Fatality Review Act.
        (39) Meetings of the regional review teams under
    subsection (a) of Section 75 of the Domestic Violence
    Fatality Review Act.
        (40) (38) Meetings of the Firearm Owner's
    Identification Card Review Board under Section 10 of the
    Firearm Owners Identification Card Act.
    (d) Definitions. For purposes of this Section:
    "Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
    "Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
    "Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
    (e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other
information that will inform the public of the business being
conducted.
(Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19;
101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff.
8-20-21; 102-558, eff. 8-20-21; revised 10-6-21.)
 
    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 transmissible
    disease or any information the disclosure of which is
    restricted under the Illinois Sexually Transmissible
    Disease 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. 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.
        (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) All identified or deidentified health information
    in the form of health data or medical records contained
    in, stored in, submitted to, transferred by, or released
    from the Illinois Health Information Exchange, and
    identified or deidentified health information in the form
    of health data and medical records of the Illinois Health
    Information Exchange in the possession of the Illinois
    Health Information Exchange Office due to its
    administration of the Illinois Health Information
    Exchange. The terms "identified" and "deidentified" shall
    be given the same meaning as in the Health Insurance
    Portability and Accountability Act of 1996, Public Law
    104-191, or any subsequent amendments thereto, and any
    regulations promulgated thereunder.
        (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) (ccc) Information that is prohibited from
    disclosure by the Illinois Police Training Act and the
    Illinois State Police Act.
        (ccc) (ddd) Records exempt from disclosure under
    Section 2605-304 of the Illinois Department of State
    Police Law of the Civil Administrative Code of Illinois.
        (ddd) (bbb) 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) (ddd) Information prohibited from being
    disclosed under subsection (b) of Section 75 of the
    Domestic Violence Fatality Review Act.
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1-1-22; 101-656, eff. 3-23-21; 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; revised 10-5-21.)
 
    Section 25. The Illinois Public Labor Relations Act is
amended by changing Sections 3, 9, and 10 as follows:
 
    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
    Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
    (a) "Board" means the Illinois Labor Relations Board or,
with respect to a matter over which the jurisdiction of the
Board is assigned to the State Panel or the Local Panel under
Section 5, the panel having jurisdiction over the matter.
    (b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and
other conditions of employment, as detailed in Section 7 and
which are not excluded by Section 4.
    (c) "Confidential employee" means an employee who, in the
regular course of his or her duties, assists and acts in a
confidential capacity to persons who formulate, determine, and
effectuate management policies with regard to labor relations
or who, in the regular course of his or her duties, has
authorized access to information relating to the effectuation
or review of the employer's collective bargaining policies.
Determinations of confidential employee status shall be based
on actual employee job duties and not solely on written job
descriptions.
    (d) "Craft employees" means skilled journeymen, crafts
persons, and their apprentices and helpers.
    (e) "Essential services employees" means those public
employees performing functions so essential that the
interruption or termination of the function will constitute a
clear and present danger to the health and safety of the
persons in the affected community.
    (f) "Exclusive representative", except with respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Illinois State Police,
means the labor organization that has been (i) designated by
the Board as the representative of a majority of public
employees in an appropriate bargaining unit in accordance with
the procedures contained in this Act; , (ii) historically
recognized by the State of Illinois or any political
subdivision of the State before July 1, 1984 (the effective
date of this Act) as the exclusive representative of the
employees in an appropriate bargaining unit; , (iii) after July
1, 1984 (the effective date of this Act) recognized by an
employer upon evidence, acceptable to the Board, that the
labor organization has been designated as the exclusive
representative by a majority of the employees in an
appropriate bargaining unit; (iv) recognized as the exclusive
representative of personal assistants under Executive Order
2003-8 prior to July 16, 2003 (the effective date of Public Act
93-204) this amendatory Act of the 93rd General Assembly, and
the organization shall be considered to be the exclusive
representative of the personal assistants as defined in this
Section; or (v) recognized as the exclusive representative of
child and day care home providers, including licensed and
license exempt providers, pursuant to an election held under
Executive Order 2005-1 prior to January 1, 2006 (the effective
date of Public Act 94-320) this amendatory Act of the 94th
General Assembly, and the organization shall be considered to
be the exclusive representative of the child and day care home
providers as defined in this Section.
    With respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the Illinois
State Police, "exclusive representative" means the labor
organization that has been (i) designated by the Board as the
representative of a majority of peace officers or fire
fighters in an appropriate bargaining unit in accordance with
the procedures contained in this Act, (ii) historically
recognized by the State of Illinois or any political
subdivision of the State before January 1, 1986 (the effective
date of this amendatory Act of 1985) as the exclusive
representative by a majority of the peace officers or fire
fighters in an appropriate bargaining unit, or (iii) after
January 1, 1986 (the effective date of this amendatory Act of
1985) recognized by an employer upon evidence, acceptable to
the Board, that the labor organization has been designated as
the exclusive representative by a majority of the peace
officers or fire fighters in an appropriate bargaining unit.
    Where a historical pattern of representation exists for
the workers of a water system that was owned by a public
utility, as defined in Section 3-105 of the Public Utilities
Act, prior to becoming certified employees of a municipality
or municipalities once the municipality or municipalities have
acquired the water system as authorized in Section 11-124-5 of
the Illinois Municipal Code, the Board shall find the labor
organization that has historically represented the workers to
be the exclusive representative under this Act, and shall find
the unit represented by the exclusive representative to be the
appropriate unit.
    (g) "Fair share agreement" means an agreement between the
employer and an employee organization under which all or any
of the employees in a collective bargaining unit are required
to pay their proportionate share of the costs of the
collective bargaining process, contract administration, and
pursuing matters affecting wages, hours, and other conditions
of employment, but not to exceed the amount of dues uniformly
required of members. The amount certified by the exclusive
representative shall not include any fees for contributions
related to the election or support of any candidate for
political office. Nothing in this subsection (g) shall
preclude an employee from making voluntary political
contributions in conjunction with his or her fair share
payment.
    (g-1) "Fire fighter" means, for the purposes of this Act
only, any person who has been or is hereafter appointed to a
fire department or fire protection district or employed by a
state university and sworn or commissioned to perform fire
fighter duties or paramedic duties, including paramedics
employed by a unit of local government, except that the
following persons are not included: part-time fire fighters,
auxiliary, reserve or voluntary fire fighters, including paid
on-call fire fighters, clerks and dispatchers or other
civilian employees of a fire department or fire protection
district who are not routinely expected to perform fire
fighter duties, or elected officials.
    (g-2) "General Assembly of the State of Illinois" means
the legislative branch of the government of the State of
Illinois, as provided for under Article IV of the Constitution
of the State of Illinois, and includes, but is not limited to,
the House of Representatives, the Senate, the Speaker of the
House of Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, the Minority
Leader of the Senate, the Joint Committee on Legislative
Support Services, and any legislative support services agency
listed in the Legislative Commission Reorganization Act of
1984.
    (h) "Governing body" means, in the case of the State, the
State Panel of the Illinois Labor Relations Board, the
Director of the Department of Central Management Services, and
the Director of the Department of Labor; the county board in
the case of a county; the corporate authorities in the case of
a municipality; and the appropriate body authorized to provide
for expenditures of its funds in the case of any other unit of
government.
    (i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in part, of dealing with a public employer
concerning wages, hours, and other terms and conditions of
employment, including the settlement of grievances.
    (i-5) "Legislative liaison" means a person who is an
employee of a State agency, the Attorney General, the
Secretary of State, the Comptroller, or the Treasurer, as the
case may be, and whose job duties require the person to
regularly communicate in the course of his or her employment
with any official or staff of the General Assembly of the State
of Illinois for the purpose of influencing any legislative
action.
    (j) "Managerial employee" means an individual who is
engaged predominantly in executive and management functions
and is charged with the responsibility of directing the
effectuation of management policies and practices.
Determination of managerial employee status shall be based on
actual employee job duties and not solely on written job
descriptions. With respect only to State employees in
positions under the jurisdiction of the Attorney General,
Secretary of State, Comptroller, or Treasurer (i) that were
certified in a bargaining unit on or after December 2, 2008,
(ii) for which a petition is filed with the Illinois Public
Labor Relations Board on or after April 5, 2013 (the effective
date of Public Act 97-1172), or (iii) for which a petition is
pending before the Illinois Public Labor Relations Board on
that date, "managerial employee" means an individual who is
engaged in executive and management functions or who is
charged with the effectuation of management policies and
practices or who represents management interests by taking or
recommending discretionary actions that effectively control or
implement policy. Nothing in this definition prohibits an
individual from also meeting the definition of "supervisor"
under subsection (r) of this Section.
    (k) "Peace officer" means, for the purposes of this Act
only, any persons who have been or are hereafter appointed to a
police force, department, or agency and sworn or commissioned
to perform police duties, except that the following persons
are not included: part-time police officers, special police
officers, auxiliary police as defined by Section 3.1-30-20 of
the Illinois Municipal Code, night watchmen, "merchant
police", court security officers as defined by Section
3-6012.1 of the Counties Code, temporary employees, traffic
guards or wardens, civilian parking meter and parking
facilities personnel or other individuals specially appointed
to aid or direct traffic at or near schools or public functions
or to aid in civil defense or disaster, parking enforcement
employees who are not commissioned as peace officers and who
are not armed and who are not routinely expected to effect
arrests, parking lot attendants, clerks and dispatchers or
other civilian employees of a police department who are not
routinely expected to effect arrests, or elected officials.
    (l) "Person" includes one or more individuals, labor
organizations, public employees, associations, corporations,
legal representatives, trustees, trustees in bankruptcy,
receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not
include the General Assembly of the State of Illinois or any
individual employed by the General Assembly of the State of
Illinois.
    (m) "Professional employee" means any employee engaged in
work predominantly intellectual and varied in character rather
than routine mental, manual, mechanical or physical work;
involving the consistent exercise of discretion and adjustment
in its performance; of such a character that the output
produced or the result accomplished cannot be standardized in
relation to a given period of time; and requiring advanced
knowledge in a field of science or learning customarily
acquired by a prolonged course of specialized intellectual
instruction and study in an institution of higher learning or
a hospital, as distinguished from a general academic education
or from apprenticeship or from training in the performance of
routine mental, manual, or physical processes; or any employee
who has completed the courses of specialized intellectual
instruction and study prescribed in this subsection (m) and is
performing related work under the supervision of a
professional person to qualify to become a professional
employee as defined in this subsection (m).
    (n) "Public employee" or "employee", for the purposes of
this Act, means any individual employed by a public employer,
including (i) interns and residents at public hospitals, (ii)
as of July 16, 2003 (the effective date of Public Act 93-204)
this amendatory Act of the 93rd General Assembly, but not
before, personal assistants working under the Home Services
Program under Section 3 of the Rehabilitation of Persons with
Disabilities Act, subject to the limitations set forth in this
Act and in the Rehabilitation of Persons with Disabilities
Act, (iii) as of January 1, 2006 (the effective date of Public
Act 94-320) this amendatory Act of the 94th General Assembly,
but not before, child and day care home providers
participating in the child care assistance program under
Section 9A-11 of the Illinois Public Aid Code, subject to the
limitations set forth in this Act and in Section 9A-11 of the
Illinois Public Aid Code, (iv) as of January 29, 2013 (the
effective date of Public Act 97-1158), but not before except
as otherwise provided in this subsection (n), home care and
home health workers who function as personal assistants and
individual maintenance home health workers and who also work
under the Home Services Program under Section 3 of the
Rehabilitation of Persons with Disabilities Act, no matter
whether the State provides those services through direct
fee-for-service arrangements, with the assistance of a managed
care organization or other intermediary, or otherwise, (v)
beginning on July 19, 2013 (the effective date of Public Act
98-100) this amendatory Act of the 98th General Assembly and
notwithstanding any other provision of this Act, any person
employed by a public employer and who is classified as or who
holds the employment title of Chief Stationary Engineer,
Assistant Chief Stationary Engineer, Sewage Plant Operator,
Water Plant Operator, Stationary Engineer, Plant Operating
Engineer, and any other employee who holds the position of:
Civil Engineer V, Civil Engineer VI, Civil Engineer VII,
Technical Manager I, Technical Manager II, Technical Manager
III, Technical Manager IV, Technical Manager V, Technical
Manager VI, Realty Specialist III, Realty Specialist IV,
Realty Specialist V, Technical Advisor I, Technical Advisor
II, Technical Advisor III, Technical Advisor IV, or Technical
Advisor V employed by the Department of Transportation who is
in a position which is certified in a bargaining unit on or
before July 19, 2013 (the effective date of Public Act 98-100)
this amendatory Act of the 98th General Assembly, and (vi)
beginning on July 19, 2013 (the effective date of Public Act
98-100) this amendatory Act of the 98th General Assembly and
notwithstanding any other provision of this Act, any mental
health administrator in the Department of Corrections who is
classified as or who holds the position of Public Service
Administrator (Option 8K), any employee of the Office of the
Inspector General in the Department of Human Services who is
classified as or who holds the position of Public Service
Administrator (Option 7), any Deputy of Intelligence in the
Department of Corrections who is classified as or who holds
the position of Public Service Administrator (Option 7), and
any employee of the Illinois State Police who handles issues
concerning the Illinois State Police Sex Offender Registry and
who is classified as or holds the position of Public Service
Administrator (Option 7), but excluding all of the following:
employees of the General Assembly of the State of Illinois;
elected officials; executive heads of a department; members of
boards or commissions; the Executive Inspectors General; any
special Executive Inspectors General; employees of each Office
of an Executive Inspector General; commissioners and employees
of the Executive Ethics Commission; the Auditor General's
Inspector General; employees of the Office of the Auditor
General's Inspector General; the Legislative Inspector
General; any special Legislative Inspectors General; employees
of the Office of the Legislative Inspector General;
commissioners and employees of the Legislative Ethics
Commission; employees of any agency, board or commission
created by this Act; employees appointed to State positions of
a temporary or emergency nature; all employees of school
districts and higher education institutions except
firefighters and peace officers employed by a state university
and except peace officers employed by a school district in its
own police department in existence on July 23, 2010 (the
effective date of Public Act 96-1257) this amendatory Act of
the 96th General Assembly; managerial employees; short-term
employees; legislative liaisons; a person who is a State
employee under the jurisdiction of the Office of the Attorney
General who is licensed to practice law or whose position
authorizes, either directly or indirectly, meaningful input
into government decision-making on issues where there is room
for principled disagreement on goals or their implementation;
a person who is a State employee under the jurisdiction of the
Office of the Comptroller who holds the position of Public
Service Administrator or whose position is otherwise exempt
under the Comptroller Merit Employment Code; a person who is a
State employee under the jurisdiction of the Secretary of
State who holds the position classification of Executive I or
higher, whose position authorizes, either directly or
indirectly, meaningful input into government decision-making
on issues where there is room for principled disagreement on
goals or their implementation, or who is otherwise exempt
under the Secretary of State Merit Employment Code; employees
in the Office of the Secretary of State who are completely
exempt from jurisdiction B of the Secretary of State Merit
Employment Code and who are in Rutan-exempt positions on or
after April 5, 2013 (the effective date of Public Act
97-1172); a person who is a State employee under the
jurisdiction of the Treasurer who holds a position that is
exempt from the State Treasurer Employment Code; any employee
of a State agency who (i) holds the title or position of, or
exercises substantially similar duties as a legislative
liaison, Agency General Counsel, Agency Chief of Staff, Agency
Executive Director, Agency Deputy Director, Agency Chief
Fiscal Officer, Agency Human Resources Director, Public
Information Officer, or Chief Information Officer and (ii) was
neither included in a bargaining unit nor subject to an active
petition for certification in a bargaining unit; any employee
of a State agency who (i) is in a position that is
Rutan-exempt, as designated by the employer, and completely
exempt from jurisdiction B of the Personnel Code and (ii) was
neither included in a bargaining unit nor subject to an active
petition for certification in a bargaining unit; any term
appointed employee of a State agency pursuant to Section 8b.18
or 8b.19 of the Personnel Code who was neither included in a
bargaining unit nor subject to an active petition for
certification in a bargaining unit; any employment position
properly designated pursuant to Section 6.1 of this Act;
confidential employees; independent contractors; and
supervisors except as provided in this Act.
    Home care and home health workers who function as personal
assistants and individual maintenance home health workers and
who also work under the Home Services Program under Section 3
of the Rehabilitation of Persons with Disabilities Act shall
not be considered public employees for any purposes not
specifically provided for in Public Act 93-204 or Public Act
97-1158, including, but not limited to, purposes of vicarious
liability in tort and purposes of statutory retirement or
health insurance benefits. Home care and home health workers
who function as personal assistants and individual maintenance
home health workers and who also work under the Home Services
Program under Section 3 of the Rehabilitation of Persons with
Disabilities Act shall not be covered by the State Employees
Group Insurance Act of 1971.
    Child and day care home providers shall not be considered
public employees for any purposes not specifically provided
for in Public Act 94-320 this amendatory Act of the 94th
General Assembly, including, but not limited to, purposes of
vicarious liability in tort and purposes of statutory
retirement or health insurance benefits. Child and day care
home providers shall not be covered by the State Employees
Group Insurance Act of 1971.
    Notwithstanding Section 9, subsection (c), or any other
provisions of this Act, all peace officers above the rank of
captain in municipalities with more than 1,000,000 inhabitants
shall be excluded from this Act.
    (o) Except as otherwise in subsection (o-5), "public
employer" or "employer" means the State of Illinois; any
political subdivision of the State, unit of local government
or school district; authorities including departments,
divisions, bureaus, boards, commissions, or other agencies of
the foregoing entities; and any person acting within the scope
of his or her authority, express or implied, on behalf of those
entities in dealing with its employees. As of July 16, 2003
(the effective date of Public Act 93-204) the amendatory Act
of the 93rd General Assembly, but not before, the State of
Illinois shall be considered the employer of the personal
assistants working under the Home Services Program under
Section 3 of the Rehabilitation of Persons with Disabilities
Act, subject to the limitations set forth in this Act and in
the Rehabilitation of Persons with Disabilities Act. As of
January 29, 2013 (the effective date of Public Act 97-1158),
but not before except as otherwise provided in this subsection
(o), the State shall be considered the employer of home care
and home health workers who function as personal assistants
and individual maintenance home health workers and who also
work under the Home Services Program under Section 3 of the
Rehabilitation of Persons with Disabilities Act, no matter
whether the State provides those services through direct
fee-for-service arrangements, with the assistance of a managed
care organization or other intermediary, or otherwise, but
subject to the limitations set forth in this Act and the
Rehabilitation of Persons with Disabilities Act. The State
shall not be considered to be the employer of home care and
home health workers who function as personal assistants and
individual maintenance home health workers and who also work
under the Home Services Program under Section 3 of the
Rehabilitation of Persons with Disabilities Act, for any
purposes not specifically provided for in Public Act 93-204 or
Public Act 97-1158, including but not limited to, purposes of
vicarious liability in tort and purposes of statutory
retirement or health insurance benefits. Home care and home
health workers who function as personal assistants and
individual maintenance home health workers and who also work
under the Home Services Program under Section 3 of the
Rehabilitation of Persons with Disabilities Act shall not be
covered by the State Employees Group Insurance Act of 1971. As
of January 1, 2006 (the effective date of Public Act 94-320)
this amendatory Act of the 94th General Assembly but not
before, the State of Illinois shall be considered the employer
of the day and child care home providers participating in the
child care assistance program under Section 9A-11 of the
Illinois Public Aid Code, subject to the limitations set forth
in this Act and in Section 9A-11 of the Illinois Public Aid
Code. The State shall not be considered to be the employer of
child and day care home providers for any purposes not
specifically provided for in Public Act 94-320 this amendatory
Act of the 94th General Assembly, including, but not limited
to, purposes of vicarious liability in tort and purposes of
statutory retirement or health insurance benefits. Child and
day care home providers shall not be covered by the State
Employees Group Insurance Act of 1971.
    "Public employer" or "employer" as used in this Act,
however, does not mean and shall not include the General
Assembly of the State of Illinois, the Executive Ethics
Commission, the Offices of the Executive Inspectors General,
the Legislative Ethics Commission, the Office of the
Legislative Inspector General, the Office of the Auditor
General's Inspector General, the Office of the Governor, the
Governor's Office of Management and Budget, the Illinois
Finance Authority, the Office of the Lieutenant Governor, the
State Board of Elections, and educational employers or
employers as defined in the Illinois Educational Labor
Relations Act, except with respect to a state university in
its employment of firefighters and peace officers and except
with respect to a school district in the employment of peace
officers in its own police department in existence on July 23,
2010 (the effective date of Public Act 96-1257) this
amendatory Act of the 96th General Assembly. County boards and
county sheriffs shall be designated as joint or co-employers
of county peace officers appointed under the authority of a
county sheriff. Nothing in this subsection (o) shall be
construed to prevent the State Panel or the Local Panel from
determining that employers are joint or co-employers.
    (o-5) With respect to wages, fringe benefits, hours,
holidays, vacations, proficiency examinations, sick leave, and
other conditions of employment, the public employer of public
employees who are court reporters, as defined in the Court
Reporters Act, shall be determined as follows:
        (1) For court reporters employed by the Cook County
    Judicial Circuit, the chief judge of the Cook County
    Circuit Court is the public employer and employer
    representative.
        (2) For court reporters employed by the 12th, 18th,
    19th, and, on and after December 4, 2006, the 22nd
    judicial circuits, a group consisting of the chief judges
    of those circuits, acting jointly by majority vote, is the
    public employer and employer representative.
        (3) For court reporters employed by all other judicial
    circuits, a group consisting of the chief judges of those
    circuits, acting jointly by majority vote, is the public
    employer and employer representative.
    (p) "Security employee" means an employee who is
responsible for the supervision and control of inmates at
correctional facilities. The term also includes other
non-security employees in bargaining units having the majority
of employees being responsible for the supervision and control
of inmates at correctional facilities.
    (q) "Short-term employee" means an employee who is
employed for less than 2 consecutive calendar quarters during
a calendar year and who does not have a reasonable assurance
that he or she will be rehired by the same employer for the
same service in a subsequent calendar year.
    (q-5) "State agency" means an agency directly responsible
to the Governor, as defined in Section 3.1 of the Executive
Reorganization Implementation Act, and the Illinois Commerce
Commission, the Illinois Workers' Compensation Commission, the
Civil Service Commission, the Pollution Control Board, the
Illinois Racing Board, and the Illinois State Police Merit
Board.
    (r) "Supervisor" is:
        (1) An employee whose principal work is substantially
    different from that of his or her subordinates and who has
    authority, in the interest of the employer, to hire,
    transfer, suspend, lay off, recall, promote, discharge,
    direct, reward, or discipline employees, to adjust their
    grievances, or to effectively recommend any of those
    actions, if the exercise of that authority is not of a
    merely routine or clerical nature, but requires the
    consistent use of independent judgment. Except with
    respect to police employment, the term "supervisor"
    includes only those individuals who devote a preponderance
    of their employment time to exercising that authority,
    State supervisors notwithstanding. Determinations of
    supervisor status shall be based on actual employee job
    duties and not solely on written job descriptions. Nothing
    in this definition prohibits an individual from also
    meeting the definition of "managerial employee" under
    subsection (j) of this Section. In addition, in
    determining supervisory status in police employment, rank
    shall not be determinative. The Board shall consider, as
    evidence of bargaining unit inclusion or exclusion, the
    common law enforcement policies and relationships between
    police officer ranks and certification under applicable
    civil service law, ordinances, personnel codes, or
    Division 2.1 of Article 10 of the Illinois Municipal Code,
    but these factors shall not be the sole or predominant
    factors considered by the Board in determining police
    supervisory status.
        Notwithstanding the provisions of the preceding
    paragraph, in determining supervisory status in fire
    fighter employment, no fire fighter shall be excluded as a
    supervisor who has established representation rights under
    Section 9 of this Act. Further, in new fire fighter units,
    employees shall consist of fire fighters of the rank of
    company officer and below. If a company officer otherwise
    qualifies as a supervisor under the preceding paragraph,
    however, he or she shall not be included in the fire
    fighter unit. If there is no rank between that of chief and
    the highest company officer, the employer may designate a
    position on each shift as a Shift Commander, and the
    persons occupying those positions shall be supervisors.
    All other ranks above that of company officer shall be
    supervisors.
        (2) With respect only to State employees in positions
    under the jurisdiction of the Attorney General, Secretary
    of State, Comptroller, or Treasurer (i) that were
    certified in a bargaining unit on or after December 2,
    2008, (ii) for which a petition is filed with the Illinois
    Public Labor Relations Board on or after April 5, 2013
    (the effective date of Public Act 97-1172), or (iii) for
    which a petition is pending before the Illinois Public
    Labor Relations Board on that date, an employee who
    qualifies as a supervisor under (A) Section 152 of the
    National Labor Relations Act and (B) orders of the
    National Labor Relations Board interpreting that provision
    or decisions of courts reviewing decisions of the National
    Labor Relations Board.
    (s)(1) "Unit" means a class of jobs or positions that are
held by employees whose collective interests may suitably be
represented by a labor organization for collective bargaining.
Except with respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the Illinois
State Police, a bargaining unit determined by the Board shall
not include both employees and supervisors, or supervisors
only, except as provided in paragraph (2) of this subsection
(s) and except for bargaining units in existence on July 1,
1984 (the effective date of this Act). With respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Illinois State Police, a
bargaining unit determined by the Board shall not include both
supervisors and nonsupervisors, or supervisors only, except as
provided in paragraph (2) of this subsection (s) and except
for bargaining units in existence on January 1, 1986 (the
effective date of this amendatory Act of 1985). A bargaining
unit determined by the Board to contain peace officers shall
contain no employees other than peace officers unless
otherwise agreed to by the employer and the labor organization
or labor organizations involved. Notwithstanding any other
provision of this Act, a bargaining unit, including a
historical bargaining unit, containing sworn peace officers of
the Department of Natural Resources (formerly designated the
Department of Conservation) shall contain no employees other
than such sworn peace officers upon the effective date of this
amendatory Act of 1990 or upon the expiration date of any
collective bargaining agreement in effect upon the effective
date of this amendatory Act of 1990 covering both such sworn
peace officers and other employees.
    (2) Notwithstanding the exclusion of supervisors from
bargaining units as provided in paragraph (1) of this
subsection (s), a public employer may agree to permit its
supervisory employees to form bargaining units and may bargain
with those units. This Act shall apply if the public employer
chooses to bargain under this subsection.
    (3) Public employees who are court reporters, as defined
in the Court Reporters Act, shall be divided into 3 units for
collective bargaining purposes. One unit shall be court
reporters employed by the Cook County Judicial Circuit; one
unit shall be court reporters employed by the 12th, 18th,
19th, and, on and after December 4, 2006, the 22nd judicial
circuits; and one unit shall be court reporters employed by
all other judicial circuits.
    (t) "Active petition for certification in a bargaining
unit" means a petition for certification filed with the Board
under one of the following case numbers: S-RC-11-110;
S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
S-RC-07-100.
(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
revised 10-13-21.)
 
    (5 ILCS 315/9)  (from Ch. 48, par. 1609)
    Sec. 9. Elections; recognition.
    (a) Whenever in accordance with such regulations as may be
prescribed by the Board a petition has been filed:
        (1) by a public employee or group of public employees
    or any labor organization acting in their behalf
    demonstrating that 30% of the public employees in an
    appropriate unit (A) wish to be represented for the
    purposes of collective bargaining by a labor organization
    as exclusive representative, or (B) asserting that the
    labor organization which has been certified or is
    currently recognized by the public employer as bargaining
    representative is no longer the representative of the
    majority of public employees in the unit; or
        (2) by a public employer alleging that one or more
    labor organizations have presented to it a claim that they
    be recognized as the representative of a majority of the
    public employees in an appropriate unit, the Board shall
    investigate such petition, and if it has reasonable cause
    to believe that a question of representation exists, shall
    provide for an appropriate hearing upon due notice. Such
    hearing shall be held at the offices of the Board or such
    other location as the Board deems appropriate. If it finds
    upon the record of the hearing that a question of
    representation exists, it shall direct an election in
    accordance with subsection (d) of this Section, which
    election shall be held not later than 120 days after the
    date the petition was filed regardless of whether that
    petition was filed before or after July 1, 1988 (the
    effective date of Public Act 85-924) this amendatory Act
    of 1987; provided, however, the Board may extend the time
    for holding an election by an additional 60 days if, upon
    motion by a person who has filed a petition under this
    Section or is the subject of a petition filed under this
    Section and is a party to such hearing, or upon the Board's
    own motion, the Board finds that good cause has been shown
    for extending the election date; provided further, that
    nothing in this Section shall prohibit the Board, in its
    discretion, from extending the time for holding an
    election for so long as may be necessary under the
    circumstances, where the purpose for such extension is to
    permit resolution by the Board of an unfair labor practice
    charge filed by one of the parties to a representational
    proceeding against the other based upon conduct which may
    either affect the existence of a question concerning
    representation or have a tendency to interfere with a fair
    and free election, where the party filing the charge has
    not filed a request to proceed with the election; and
    provided further that prior to the expiration of the total
    time allotted for holding an election, a person who has
    filed a petition under this Section or is the subject of a
    petition filed under this Section and is a party to such
    hearing or the Board, may move for and obtain the entry of
    an order in the circuit court of the county in which the
    majority of the public employees sought to be represented
    by such person reside, such order extending the date upon
    which the election shall be held. Such order shall be
    issued by the circuit court only upon a judicial finding
    that there has been a sufficient showing that there is
    good cause to extend the election date beyond such period
    and shall require the Board to hold the election as soon as
    is feasible given the totality of the circumstances. Such
    120-day 120 day period may be extended one or more times by
    the agreement of all parties to the hearing to a date
    certain without the necessity of obtaining a court order.
    The showing of interest in support of a petition filed
    under paragraph (1) of this subsection (a) may be
    evidenced by electronic communications, and such writing
    or communication may be evidenced by the electronic
    signature of the employee as provided under Section 5-120
    of the Electronic Commerce Security Act. The showing of
    interest shall be valid only if signed within 12 months
    prior to the filing of the petition. Nothing in this
    Section prohibits the waiving of hearings by stipulation
    for the purpose of a consent election in conformity with
    the rules and regulations of the Board or an election in a
    unit agreed upon by the parties. Other interested employee
    organizations may intervene in the proceedings in the
    manner and within the time period specified by rules and
    regulations of the Board. Interested parties who are
    necessary to the proceedings may also intervene in the
    proceedings in the manner and within the time period
    specified by the rules and regulations of the Board.
    (a-5) The Board shall designate an exclusive
representative for purposes of collective bargaining when the
representative demonstrates a showing of majority interest by
employees in the unit. If the parties to a dispute are without
agreement on the means to ascertain the choice, if any, of
employee organization as their representative, the Board shall
ascertain the employees' choice of employee organization, on
the basis of dues deduction authorization or other evidence,
or, if necessary, by conducting an election. The showing of
interest in support of a petition filed under this subsection
(a-5) may be evidenced by electronic communications, and such
writing or communication may be evidenced by the electronic
signature of the employee as provided under Section 5-120 of
the Electronic Commerce Security Act. The showing of interest
shall be valid only if signed within 12 months prior to the
filing of the petition. All evidence submitted by an employee
organization to the Board to ascertain an employee's choice of
an employee organization is confidential and shall not be
submitted to the employer for review. The Board shall
ascertain the employee's choice of employee organization
within 120 days after the filing of the majority interest
petition; however, the Board may extend time by an additional
60 days, upon its own motion or upon the motion of a party to
the proceeding. If either party provides to the Board, before
the designation of a representative, clear and convincing
evidence that the dues deduction authorizations, and other
evidence upon which the Board would otherwise rely to
ascertain the employees' choice of representative, are
fraudulent or were obtained through coercion, the Board shall
promptly thereafter conduct an election. The Board shall also
investigate and consider a party's allegations that the dues
deduction authorizations and other evidence submitted in
support of a designation of representative without an election
were subsequently changed, altered, withdrawn, or withheld as
a result of employer fraud, coercion, or any other unfair
labor practice by the employer. If the Board determines that a
labor organization would have had a majority interest but for
an employer's fraud, coercion, or unfair labor practice, it
shall designate the labor organization as an exclusive
representative without conducting an election. If a hearing is
necessary to resolve any issues of representation under this
Section, the Board shall conclude its hearing process and
issue a certification of the entire appropriate unit not later
than 120 days after the date the petition was filed. The
120-day period may be extended one or more times by the
agreement of all parties to a hearing to a date certain.
    (a-6) A labor organization or an employer may file a unit
clarification petition seeking to clarify an existing
bargaining unit. Unit clarification petitions may be filed if:
(1) substantial changes occur in the duties and functions of
an existing job title, raising an issue as to the title's unit
placement; (2) an existing job title that is logically
encompassed within the existing unit was inadvertently
excluded by the parties at the time the unit was established;
(3) a newly created job title is logically encompassed within
an existing unit; (4) a significant change takes place in
statutory or case law that affects the bargaining rights of
employees; (5) a determination needs to be made as to the unit
placement of positions in dispute following a majority
interest certification of representative issued under
subsection (a-5); (6) a determination needs to be made as to
the unit placement of positions in dispute following a
certification of representative issued following a direction
of election under subsection (d); (7) the parties have agreed
to eliminate a position or title because the employer no
longer uses it; (8) the parties have agreed to exclude some of
the positions in a title or classification from a bargaining
unit and include others; or (9) as prescribed in rules set by
the Board. The Board shall conclude its investigation,
including any hearing process deemed necessary, and issue a
certification of clarified unit or dismiss the petition not
later than 120 days after the date the petition was filed. The
120-day period may be extended one or more times by the
agreement of all parties to a hearing to a date certain.
    (b) The Board shall decide in each case, in order to assure
public employees the fullest freedom in exercising the rights
guaranteed by this Act, a unit appropriate for the purpose of
collective bargaining, based upon but not limited to such
factors as: historical pattern of recognition; community of
interest including employee skills and functions; degree of
functional integration; interchangeability and contact among
employees; fragmentation of employee groups; common
supervision, wages, hours and other working conditions of the
employees involved; and the desires of the employees. For
purposes of this subsection, fragmentation shall not be the
sole or predominant factor used by the Board in determining an
appropriate bargaining unit. Except with respect to non-State
fire fighters and paramedics employed by fire departments and
fire protection districts, non-State peace officers and peace
officers in the Illinois State Police, a single bargaining
unit determined by the Board may not include both supervisors
and nonsupervisors, except for bargaining units in existence
on the effective date of this Act. With respect to non-State
fire fighters and paramedics employed by fire departments and
fire protection districts, non-State peace officers and peace
officers in the Illinois State Police, a single bargaining
unit determined by the Board may not include both supervisors
and nonsupervisors, except for bargaining units in existence
on January 1, 1986 (the effective date of Public Act 84-1104)
this amendatory Act of 1985.
    In cases involving an historical pattern of recognition,
and in cases where the employer has recognized the union as the
sole and exclusive bargaining agent for a specified existing
unit, the Board shall find the employees in the unit then
represented by the union pursuant to the recognition to be the
appropriate unit.
    Notwithstanding the above factors, where the majority of
public employees of a craft so decide, the Board shall
designate such craft as a unit appropriate for the purposes of
collective bargaining.
    The Board shall not decide that any unit is appropriate if
such unit includes both professional and nonprofessional
employees, unless a majority of each group votes for inclusion
in such unit.
    (c) Nothing in this Act shall interfere with or negate the
current representation rights or patterns and practices of
labor organizations which have historically represented public
employees for the purpose of collective bargaining, including
but not limited to the negotiations of wages, hours and
working conditions, discussions of employees' grievances,
resolution of jurisdictional disputes, or the establishment
and maintenance of prevailing wage rates, unless a majority of
employees so represented express a contrary desire pursuant to
the procedures set forth in this Act.
    (d) In instances where the employer does not voluntarily
recognize a labor organization as the exclusive bargaining
representative for a unit of employees, the Board shall
determine the majority representative of the public employees
in an appropriate collective bargaining unit by conducting a
secret ballot election, except as otherwise provided in
subsection (a-5). Such a secret ballot election may be
conducted electronically, using an electronic voting system,
in addition to paper ballot voting systems. Within 7 days
after the Board issues its bargaining unit determination and
direction of election or the execution of a stipulation for
the purpose of a consent election, the public employer shall
submit to the labor organization the complete names and
addresses of those employees who are determined by the Board
to be eligible to participate in the election. When the Board
has determined that a labor organization has been fairly and
freely chosen by a majority of employees in an appropriate
unit, it shall certify such organization as the exclusive
representative. If the Board determines that a majority of
employees in an appropriate unit has fairly and freely chosen
not to be represented by a labor organization, it shall so
certify. The Board may also revoke the certification of the
public employee organizations as exclusive bargaining
representatives which have been found by a secret ballot
election to be no longer the majority representative.
    (e) The Board shall not conduct an election in any
bargaining unit or any subdivision thereof within which a
valid election has been held in the preceding 12-month period.
The Board shall determine who is eligible to vote in an
election and shall establish rules governing the conduct of
the election or conduct affecting the results of the election.
The Board shall include on a ballot in a representation
election a choice of "no representation". A labor organization
currently representing the bargaining unit of employees shall
be placed on the ballot in any representation election. In any
election where none of the choices on the ballot receives a
majority, a runoff election shall be conducted between the 2
choices receiving the largest number of valid votes cast in
the election. A labor organization which receives a majority
of the votes cast in an election shall be certified by the
Board as exclusive representative of all public employees in
the unit.
    (f) A labor organization shall be designated as the
exclusive representative by a public employer, provided that
the labor organization represents a majority of the public
employees in an appropriate unit. Any employee organization
which is designated or selected by the majority of public
employees, in a unit of the public employer having no other
recognized or certified representative, as their
representative for purposes of collective bargaining may
request recognition by the public employer in writing. The
public employer shall post such request for a period of at
least 20 days following its receipt thereof on bulletin boards
or other places used or reserved for employee notices.
    (g) Within the 20-day period any other interested employee
organization may petition the Board in the manner specified by
rules and regulations of the Board, provided that such
interested employee organization has been designated by at
least 10% of the employees in an appropriate bargaining unit
which includes all or some of the employees in the unit
recognized by the employer. In such event, the Board shall
proceed with the petition in the same manner as provided by
paragraph (1) of subsection (a) of this Section.
    (h) No election shall be directed by the Board in any
bargaining unit where there is in force a valid collective
bargaining agreement. The Board, however, may process an
election petition filed between 90 and 60 days prior to the
expiration of the date of an agreement, and may further
refine, by rule or decision, the implementation of this
provision. Where more than 4 years have elapsed since the
effective date of the agreement, the agreement shall continue
to bar an election, except that the Board may process an
election petition filed between 90 and 60 days prior to the end
of the fifth year of such an agreement, and between 90 and 60
days prior to the end of each successive year of such
agreement.
    (i) An order of the Board dismissing a representation
petition, determining and certifying that a labor organization
has been fairly and freely chosen by a majority of employees in
an appropriate bargaining unit, determining and certifying
that a labor organization has not been fairly and freely
chosen by a majority of employees in the bargaining unit or
certifying a labor organization as the exclusive
representative of employees in an appropriate bargaining unit
because of a determination by the Board that the labor
organization is the historical bargaining representative of
employees in the bargaining unit, is a final order. Any person
aggrieved by any such order issued on or after July 1, 1988
(the effective date of Public Act 85-924) this amendatory Act
of 1987 may apply for and obtain judicial review in accordance
with provisions of the Administrative Review Law, as now or
hereafter amended, except that such review shall be afforded
directly in the Appellate Court for the district in which the
aggrieved party resides or transacts business. Any direct
appeal to the Appellate Court shall be filed within 35 days
from the date that a copy of the decision sought to be reviewed
was served upon the party affected by the decision.
(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
102-596, eff. 8-27-21; revised 10-15-21.)
 
    (5 ILCS 315/10)  (from Ch. 48, par. 1610)
    Sec. 10. Unfair labor practices.
    (a) It shall be an unfair labor practice for an employer or
its agents:
        (1) to interfere with, restrain, or coerce public
    employees in the exercise of the rights guaranteed in this
    Act or to dominate or interfere with the formation,
    existence or administration of any labor organization or
    contribute financial or other support to it; provided, an
    employer shall not be prohibited from permitting employees
    to confer with him during working hours without loss of
    time or pay;
        (2) to discriminate in regard to hire or tenure of
    employment or any term or condition of employment in order
    to encourage or discourage membership in or other support
    for any labor organization. Nothing in this Act or any
    other law precludes a public employer from making an
    agreement with a labor organization to require as a
    condition of employment the payment of a fair share under
    paragraph (e) of Section 6;
        (3) to discharge or otherwise discriminate against a
    public employee because he has signed or filed an
    affidavit, petition, or charge or provided any information
    or testimony under this Act;
        (4) to refuse to bargain collectively in good faith
    with a labor organization which is the exclusive
    representative of public employees in an appropriate unit,
    including, but not limited to, the discussing of
    grievances with the exclusive representative;
        (5) to violate any of the rules and regulations
    established by the Board with jurisdiction over them
    relating to the conduct of representation elections or the
    conduct affecting the representation elections;
        (6) to expend or cause the expenditure of public funds
    to any external agent, individual, firm, agency,
    partnership, or association in any attempt to influence
    the outcome of representational elections held pursuant to
    Section 9 of this Act; provided, that nothing in this
    subsection shall be construed to limit an employer's right
    to internally communicate with its employees as provided
    in subsection (c) of this Section, to be represented on
    any matter pertaining to unit determinations, unfair labor
    practice charges or pre-election conferences in any formal
    or informal proceeding before the Board, or to seek or
    obtain advice from legal counsel. Nothing in this
    paragraph shall be construed to prohibit an employer from
    expending or causing the expenditure of public funds on,
    or seeking or obtaining services or advice from, any
    organization, group, or association established by and
    including public or educational employers, whether covered
    by this Act, the Illinois Educational Labor Relations Act
    or the public employment labor relations law of any other
    state or the federal government, provided that such
    services or advice are generally available to the
    membership of the organization, group or association, and
    are not offered solely in an attempt to influence the
    outcome of a particular representational election;
        (7) to refuse to reduce a collective bargaining
    agreement to writing or to refuse to sign such agreement;
        (8) to interfere with, restrain, coerce, deter, or
    discourage public employees or applicants to be public
    employees from: (i) becoming or remaining members of a
    labor organization; (ii) authorizing representation by a
    labor organization; or (iii) authorizing dues or fee
    deductions to a labor organization, nor shall the employer
    intentionally permit outside third parties to use its
    email or other communication systems to engage in that
    conduct. An employer's good faith implementation of a
    policy to block the use of its email or other
    communication systems for such purposes shall be a defense
    to an unfair labor practice;
        (9) to disclose to any person or entity information
    set forth in subsection (c-5) of Section 6 of this Act that
    the employer knows or should know will be used to
    interfere with, restrain, coerce, deter, or discourage any
    public employee from: (i) becoming or remaining members of
    a labor organization, (ii) authorizing representation by a
    labor organization, or (iii) authorizing dues or fee
    deductions to a labor organization; or
        (10) to promise, threaten, or take any action: (i) to
    permanently replace an employee who participates in a
    lawful strike as provided under Section 17; (ii) to
    discriminate against an employee who is working or has
    unconditionally offered to return to work for the employer
    because the employee supported or participated in such a
    lawful strike; or (iii) to lock out lockout, suspend, or
    otherwise withhold employment from employees in order to
    influence the position of such employees or the
    representative of such employees in collective bargaining
    prior to a lawful strike.
    (b) It shall be an unfair labor practice for a labor
organization or its agents:
        (1) to restrain or coerce public employees in the
    exercise of the rights guaranteed in this Act, provided,
    (i) that this paragraph shall not impair the right of a
    labor organization to prescribe its own rules with respect
    to the acquisition or retention of membership therein or
    the determination of fair share payments and (ii) that a
    labor organization or its agents shall commit an unfair
    labor practice under this paragraph in duty of fair
    representation cases only by intentional misconduct in
    representing employees under this Act;
        (2) to restrain or coerce a public employer in the
    selection of his representatives for the purposes of
    collective bargaining or the settlement of grievances; or
        (3) to cause, or attempt to cause, an employer to
    discriminate against an employee in violation of
    subsection (a)(2);
        (4) to refuse to bargain collectively in good faith
    with a public employer, if it has been designated in
    accordance with the provisions of this Act as the
    exclusive representative of public employees in an
    appropriate unit;
        (5) to violate any of the rules and regulations
    established by the boards with jurisdiction over them
    relating to the conduct of representation elections or the
    conduct affecting the representation elections;
        (6) to discriminate against any employee because he
    has signed or filed an affidavit, petition, or charge or
    provided any information or testimony under this Act;
        (7) to picket or cause to be picketed, or threaten to
    picket or cause to be picketed, any public employer where
    an object thereof is forcing or requiring an employer to
    recognize or bargain with a labor organization of the
    representative of its employees, or forcing or requiring
    the employees of an employer to accept or select such
    labor organization as their collective bargaining
    representative, unless such labor organization is
    currently certified as the representative of such
    employees:
            (A) where the employer has lawfully recognized in
        accordance with this Act any labor organization and a
        question concerning representation may not
        appropriately be raised under Section 9 of this Act;
            (B) where within the preceding 12 months a valid
        election under Section 9 of this Act has been
        conducted; or
            (C) where such picketing has been conducted
        without a petition under Section 9 being filed within
        a reasonable period of time not to exceed 30 days from
        the commencement of such picketing; provided that when
        such a petition has been filed the Board shall
        forthwith, without regard to the provisions of
        subsection (a) of Section 9 or the absence of a showing
        of a substantial interest on the part of the labor
        organization, direct an election in such unit as the
        Board finds to be appropriate and shall certify the
        results thereof; provided further, that nothing in
        this subparagraph shall be construed to prohibit any
        picketing or other publicity for the purpose of
        truthfully advising the public that an employer does
        not employ members of, or have a contract with, a labor
        organization unless an effect of such picketing is to
        induce any individual employed by any other person in
        the course of his employment, not to pick up, deliver,
        or transport any goods or not to perform any services;
        or
        (8) to refuse to reduce a collective bargaining
    agreement to writing or to refuse to sign such agreement.
    (c) The expressing of any views, argument, or opinion or
the dissemination thereof, whether in written, printed,
graphic, or visual form, shall not constitute or be evidence
of an unfair labor practice under any of the provisions of this
Act, if such expression contains no threat of reprisal or
force or promise of benefit.
    (d) The employer shall not discourage public employees or
applicants to be public employees from becoming or remaining
union members or authorizing dues deductions, and shall not
otherwise interfere with the relationship between employees
and their exclusive bargaining representative. The employer
shall refer all inquiries about union membership to the
exclusive bargaining representative, except that the employer
may communicate with employees regarding payroll processes and
procedures. The employer will establish email policies in an
effort to prohibit the use of its email system by outside
sources.
(Source: P.A. 101-620, eff. 12-20-19; 102-596, eff. 8-27-21;
revised 12-2-21.)
 
    Section 30. The State Employee Indemnification Act is
amended by changing Section 1 as follows:
 
    (5 ILCS 350/1)  (from Ch. 127, par. 1301)
    Sec. 1. Definitions. For the purpose of this Act:
    (a) The term "State" means the State of Illinois, the
General Assembly, the court, or any State office, department,
division, bureau, board, commission, or committee, the
governing boards of the public institutions of higher
education created by the State, the Illinois National Guard,
the Illinois State Guard, the Comprehensive Health Insurance
Board, any poison control center designated under the Poison
Control System Act that receives State funding, or any other
agency or instrumentality of the State. It does not mean any
local public entity as that term is defined in Section 1-206 of
the Local Governmental and Governmental Employees Tort
Immunity Act or a pension fund.
    (b) The term "employee" means: any present or former
elected or appointed officer, trustee or employee of the
State, or of a pension fund; any present or former
commissioner or employee of the Executive Ethics Commission or
of the Legislative Ethics Commission; any present or former
Executive, Legislative, or Auditor General's Inspector
General; any present or former employee of an Office of an
Executive, Legislative, or Auditor General's Inspector
General; any present or former member of the Illinois National
Guard while on active duty; any present or former member of the
Illinois State Guard while on State active duty; individuals
or organizations who contract with the Department of
Corrections, the Department of Juvenile Justice, the
Comprehensive Health Insurance Board, or the Department of
Veterans' Affairs to provide services; individuals or
organizations who contract with the Department of Human
Services (as successor to the Department of Mental Health and
Developmental Disabilities) to provide services including but
not limited to treatment and other services for sexually
violent persons; individuals or organizations who contract
with the Department of Military Affairs for youth programs;
individuals or organizations who contract to perform carnival
and amusement ride safety inspections for the Department of
Labor; individuals who contract with the Office of the State's
Attorneys Appellate Prosecutor to provide legal services, but
only when performing duties within the scope of the Office's
prosecutorial activities; individual representatives of or
designated organizations authorized to represent the Office of
State Long-Term Ombudsman for the Department on Aging;
individual representatives of or organizations designated by
the Department on Aging in the performance of their duties as
adult protective services agencies or regional administrative
agencies under the Adult Protective Services Act; individuals
or organizations appointed as members of a review team or the
Advisory Council under the Adult Protective Services Act;
individuals or organizations who perform volunteer services
for the State where such volunteer relationship is reduced to
writing; individuals who serve on any public entity (whether
created by law or administrative action) described in
paragraph (a) of this Section; individuals or not for profit
organizations who, either as volunteers, where such volunteer
relationship is reduced to writing, or pursuant to contract,
furnish professional advice or consultation to any agency or
instrumentality of the State; individuals who serve as foster
parents for the Department of Children and Family Services
when caring for youth in care as defined in Section 4d of the
Children and Family Services Act; individuals who serve as
members of an independent team of experts under the
Developmental Disability and Mental Health Safety Act (also
known as Brian's Law); and individuals who serve as
arbitrators pursuant to Part 10A of Article II of the Code of
Civil Procedure and the rules of the Supreme Court
implementing Part 10A, each as now or hereafter amended; the
members of the Certification Review Panel under the Illinois
Police Training Act; the term "employee" does not mean an
independent contractor except as provided in this Section. The
term includes an individual appointed as an inspector by the
Director of the Illinois State Police when performing duties
within the scope of the activities of a Metropolitan
Enforcement Group or a law enforcement organization
established under the Intergovernmental Cooperation Act. An
individual who renders professional advice and consultation to
the State through an organization which qualifies as an
"employee" under the Act is also an employee. The term
includes the estate or personal representative of an employee.
    (c) The term "pension fund" means a retirement system or
pension fund created under the Illinois Pension Code.
(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22;
102-538, eff. 8-20-21; revised 10-6-21.)
 
    Section 35. The State Employees Group Insurance Act of
1971 is amended by changing Sections 3 and 6.11 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 paragraphs (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
(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 paragraphs (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 or 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 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 paragraphs (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 Occupational 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 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.
    (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;
revised 12-2-21.)
 
    (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, 356w, 356x,
356z.2, 356z.4, 356z.4a, 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.30a, 356z.32, 356z.33,
356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, and
356z.51 and 356z.43 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 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. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20;
101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
1-1-20; 101-625, eff. 1-1-21; 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; revised
10-26-21.)
 
    Section 40. The Sick Leave Bank Act is amended by changing
Section 5.10 as follows:
 
    (5 ILCS 400/5.10)  (from Ch. 127, par. 4255.10)
    Sec. 5.10. "Agency" means any branch, department, board,
committee or commission of State government, but does not
include units of local government, school districts, or boards
of election commissioners, or the State Board of Education.
(Source: P.A. 102-539, eff. 8-20-21; revised 12-2-21.)
 
    Section 45. The Illinois Governmental Ethics Act is
amended by changing Sections 4A-102 and 4A-107 as follows:
 
    (5 ILCS 420/4A-102)  (from Ch. 127, par. 604A-102)
    Sec. 4A-102. The statement of economic interests required
by this Article shall include the economic interests of the
person making the statement as provided in this Section.
    (a) The interest (if constructively controlled by the
person making the statement) of a spouse or any other party,
shall be considered to be the same as the interest of the
person making the statement. Campaign receipts shall not be
included in this statement. The following interests shall be
listed by all persons required to file:
        (1) each asset that has a value of more than $10,000 as
    of the end of the preceding calendar year and is: (i) held
    in the filer's name, (ii) held jointly by the filer with
    his or her spouse, or (iii) held jointly by the filer with
    his or her minor child or children. For a beneficial
    interest in a trust, the value is based on the total value
    of the assets either subject to the beneficial interest,
    or from which income is to be derived for the benefit of
    the beneficial interest, regardless of whether any
    distributions have been made for the benefit of the
    beneficial interest;
        (2) excluding the income from the position that
    requires the filing of a statement of economic interests
    under this Act, each source of income in excess of $7,500
    during the preceding calendar year (as required to be
    reported on the filer's federal income tax return covering
    the preceding calendar year) for the filer and his or her
    spouse and, if the sale or transfer of an asset produced
    more than $7,500 in capital gains during the preceding
    calendar year, the transaction date on which that asset
    was sold or transferred;
        (3) each creditor of a debt in excess of $10,000 that,
    during the preceding calendar year, was: (i) owed by the
    filer, (ii) owed jointly by the filer with his or her
    spouse or (iii) owed jointly by the filer with his or her
    minor child or children;
        (4) the name of each unit of government of which the
    filer or his or her spouse was an employee, contractor, or
    office holder during the preceding calendar year other
    than the unit or units of government in relation to which
    the person is required to file and the title of the
    position or nature of the contractual services;
        (5) each person known to the filer to be registered as
    a lobbyist with any unit of government in the State of
    Illinois: (i) with whom the filer maintains an economic
    relationship, or (ii) who is a member of the filer's
    family; and
        (6) each source and type of gift or gifts, or
    honorarium or honoraria, valued singly or in the aggregate
    in excess of $500 that was received during the preceding
    calendar year, excluding any gift or gifts from a member
    of the filer's family that was not known to the filer to be
    registered as a lobbyist with any unit of government in
    the State of Illinois; and .
        (7) the name of any spouse or immediate family member
    living with such person employed by a public utility in
    this State and the name of the public utility that employs
    such person.
    For the purposes of this Section, the unit of local
government in relation to which a person is required to file
under item (e) of Section 4A-101.5 shall be the unit of local
government that contributes to the pension fund of which such
person is a member of the board.
    (b) Beginning December 1, 2025, and for every 5 years
thereafter, the Secretary of State shall adjust the amounts
specified under this Section that prompt disclosure under this
Act for purposes of inflation as determined by the Consumer
Price Index for All Urban Consumers as issued by the United
States Department of Labor and rounded to the nearest $100.
The Secretary shall publish this information on the official
website of the Secretary of State, and make changes to the
statement of economic interests form to be completed for the
following year.
    (c) The Secretary of State shall develop and make publicly
available on his or her website written guidance relating to
the completion and filing of the statement of economic
interests upon which a filer may reasonably and in good faith
rely.
        (d) The following interest shall also be listed by
    persons listed in items (a) through (f) of Section 4A-101:
    the name of any spouse or immediate family member living
    with such person employed by a public utility in this
    State and the name of the public utility that employs such
    person. is
(Source: P.A. 101-221, eff. 8-9-19; 102-662, eff. 9-15-21;
102-664, eff. 1-1-22; revised 11-17-21.)
 
    (5 ILCS 420/4A-107)  (from Ch. 127, par. 604A-107)
    Sec. 4A-107. Any person required to file a statement of
economic interests under this Article who willfully files a
false or incomplete statement shall be guilty of a Class A
misdemeanor; provided, a filer's statement made in reasonable,
good faith reliance on the guidance provided by the Secretary
of State pursuant to Section 4A-102 or his or her ethics
officer shall not constitute a willful false or incomplete
statement.
    Except when the fees and penalties for late filing have
been waived under Section 4A-105, failure to file a statement
within the time prescribed shall result in ineligibility for,
or forfeiture of, office or position of employment, as the
case may be; provided, however, that if the notice of failure
to file a statement of economic interests provided in Section
4A-105 of this Act is not given by the Secretary of State or
the county clerk, as the case may be, no forfeiture shall
result if a statement is filed within 30 days of actual notice
of the failure to file. The Secretary of State shall provide
the Attorney General with the names of persons who failed to
file a statement. The county clerk shall provide the State's
Attorney of the county of the entity for which the filing of a
statement of economic interest is required with the name of
persons who failed to file a statement.
    The Attorney General, with respect to offices or positions
described in items (a) through (f) and items (j), (l), (n), and
(p) of Section 4A-101 of this Act, or the State's Attorney of
the county of the entity for which the filing of statements of
economic interests is required, with respect to offices or
positions described in items (a) through (e) of Section
4A-101.5, shall bring an action in quo warranto against any
person who has failed to file by either May 31 or June 30 of
any given year and for whom the fees and penalties for late
filing have not been waived under Section 4A-105.
(Source: P.A. 101-221, eff. 8-9-19; 102-664, eff. 1-1-22;
revised 12-16-21.)
 
    Section 50. The State Officials and Employees Ethics Act
is amended by changing Section 5-50 as follows:
 
    (5 ILCS 430/5-50)
    Sec. 5-50. Ex parte communications; special government
agents.
    (a) This Section applies to ex parte communications made
to any agency listed in subsection (e).
    (b) "Ex parte communication" means any written or oral
communication by any person that imparts or requests material
information or makes a material argument regarding potential
action concerning regulatory, quasi-adjudicatory, investment,
or licensing matters pending before or under consideration by
the agency. "Ex parte communication" does not include the
following: (i) statements by a person publicly made in a
public forum; (ii) statements regarding matters of procedure
and practice, such as format, the number of copies required,
the manner of filing, and the status of a matter; and (iii)
statements made by a State employee of the agency to the agency
head or other employees of that agency.
    (b-5) An ex parte communication received by an agency,
agency head, or other agency employee from an interested party
or his or her official representative or attorney shall
promptly be memorialized and made a part of the record.
    (c) An ex parte communication received by any agency,
agency head, or other agency employee, other than an ex parte
communication described in subsection (b-5), shall immediately
be reported to that agency's ethics officer by the recipient
of the communication and by any other employee of that agency
who responds to the communication. The ethics officer shall
require that the ex parte communication be promptly made a
part of the record. The ethics officer shall promptly file the
ex parte communication with the Executive Ethics Commission,
including all written communications, all written responses to
the communications, and a memorandum prepared by the ethics
officer stating the nature and substance of all oral
communications, the identity and job title of the person to
whom each communication was made, all responses made, the
identity and job title of the person making each response, the
identity of each person from whom the written or oral ex parte
communication was received, the individual or entity
represented by that person, any action the person requested or
recommended, and any other pertinent information. The
disclosure shall also contain the date of any ex parte
communication.
    (d) "Interested party" means a person or entity whose
rights, privileges, or interests are the subject of or are
directly affected by a regulatory, quasi-adjudicatory,
investment, or licensing matter. For purposes of an ex parte
communication received by either the Illinois Commerce
Commission or the Illinois Power Agency, "interested party"
also includes: (1) an organization comprised of 2 or more
businesses, persons, nonprofit entities, or any combination
thereof, that are working in concert to advance public policy
advocated by the organization, or (2) any party selling
renewable energy resources procured by the Illinois Power
Agency pursuant to Section 16-111.5 of the Public Utilities
Act and Section 1-75 of the Illinois Power Agency Act.
    (e) This Section applies to the following agencies:
Executive Ethics Commission
Illinois Commerce Commission
Illinois Power Agency
Educational Labor Relations Board
State Board of Elections
Illinois Gaming Board
Health Facilities and Services Review Board
Illinois Workers' Compensation Commission
Illinois Labor Relations Board
Illinois Liquor Control Commission
Pollution Control Board
Property Tax Appeal Board
Illinois Racing Board
Illinois Purchased Care Review Board
Illinois State Police Merit Board
Motor Vehicle Review Board
Prisoner Review Board
Civil Service Commission
Personnel Review Board for the Treasurer
Merit Commission for the Secretary of State
Merit Commission for the Office of the Comptroller
Court of Claims
Board of Review of the Department of Employment Security
Department of Insurance
Department of Professional Regulation and licensing boards
    under the Department
Department of Public Health and licensing boards under the
    Department
Office of Banks and Real Estate and licensing boards under
    the Office
State Employees Retirement System Board of Trustees
Judges Retirement System Board of Trustees
General Assembly Retirement System Board of Trustees
Illinois Board of Investment
State Universities Retirement System Board of Trustees
Teachers Retirement System Officers Board of Trustees
    (f) Any person who fails to (i) report an ex parte
communication to an ethics officer, (ii) make information part
of the record, or (iii) make a filing with the Executive Ethics
Commission as required by this Section or as required by
Section 5-165 of the Illinois Administrative Procedure Act
violates this Act.
(Source: P.A. 102-538, eff. 8-20-21; 102-662, eff. 9-15-21;
revised 11-17-21.)
 
    Section 55. The Community-Law Enforcement and Other First
Responder Partnership for Deflection and Substance Use
Disorder Treatment Act is amended by changing Sections 10 and
35 as follows:
 
    (5 ILCS 820/10)
    Sec. 10. Definitions. In this Act:
    "Case management" means those services which will assist
persons in gaining access to needed social, educational,
medical, substance use and mental health treatment, and other
services.
    "Community member or organization" means an individual
volunteer, resident, public office, or a not-for-profit
organization, religious institution, charitable organization,
or other public body committed to the improvement of
individual and family mental and physical well-being and the
overall social welfare of the community, and may include
persons with lived experience in recovery from substance use
disorder, either themselves or as family members.
    "Other first responder" means and includes emergency
medical services providers that are public units of
government, fire departments and districts, and officials and
responders representing and employed by these entities.
    "Deflection program" means a program in which a peace
officer or member of a law enforcement agency or other first
responder facilitates contact between an individual and a
licensed substance use treatment provider or clinician for
assessment and coordination of treatment planning, including
co-responder approaches that incorporate behavioral health,
peer, or social work professionals with law enforcement or
other first responders at the scene. This facilitation
includes defined criteria for eligibility and communication
protocols agreed to by the law enforcement agency or other
first responder entity and the licensed treatment provider for
the purpose of providing substance use treatment to those
persons in lieu of arrest or further justice system
involvement, or unnecessary admissions to the emergency
department. Deflection programs may include, but are not
limited to, the following types of responses:
        (1) a post-overdose deflection response initiated by a
    peace officer or law enforcement agency subsequent to
    emergency administration of medication to reverse an
    overdose, or in cases of severe substance use disorder
    with acute risk for overdose;
        (2) a self-referral deflection response initiated by
    an individual by contacting a peace officer or law
    enforcement agency or other first responder in the
    acknowledgment of their substance use or disorder;
        (3) an active outreach deflection response initiated
    by a peace officer or law enforcement agency or other
    first responder as a result of proactive identification of
    persons thought likely to have a substance use disorder;
        (4) an officer or other first responder prevention
    deflection response initiated by a peace officer or law
    enforcement agency in response to a community call when no
    criminal charges are present; and
        (5) an officer intervention deflection response when
    criminal charges are present but held in abeyance pending
    engagement with treatment.
    "Law enforcement agency" means a municipal police
department or county sheriff's office of this State, the
Illinois State Police, or other law enforcement agency whose
officers, by statute, are granted and authorized to exercise
powers similar to those conferred upon any peace officer
employed by a law enforcement agency of this State.
    "Licensed treatment provider" means an organization
licensed by the Department of Human Services to perform an
activity or service, or a coordinated range of those
activities or services, as the Department of Human Services
may establish by rule, such as the broad range of emergency,
outpatient, intensive outpatient, and residential services and
care, including assessment, diagnosis, case management,
medical, psychiatric, psychological and social services,
medication-assisted treatment, care and counseling, and
recovery support, which may be extended to persons to assess
or treat substance use disorder or to families of those
persons.
    "Peace officer" means any peace officer or member of any
duly organized State, county, or municipal peace officer unit,
any police force of another State, or any police force whose
members, by statute, are granted and authorized to exercise
powers similar to those conferred upon any peace officer
employed by a law enforcement agency of this State.
    "Substance use disorder" means a pattern of use of alcohol
or other drugs leading to clinical or functional impairment,
in accordance with the definition in the Diagnostic and
Statistical Manual of Mental Disorders (DSM-5), or in any
subsequent editions.
    "Treatment" means the broad range of emergency,
outpatient, intensive outpatient, and residential services and
care (including assessment, diagnosis, case management,
medical, psychiatric, psychological and social services,
medication-assisted treatment, care and counseling, and
recovery support) which may be extended to persons who have
substance use disorders, persons with mental illness, or
families of those persons.
(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
revised 10-6-21.)
 
    (5 ILCS 820/35)
    Sec. 35. Funding.
    (a) The General Assembly may appropriate funds to the
Illinois Criminal Justice Information Authority for the
purpose of funding law enforcement agencies or other first
responder entities for services provided by deflection program
partners as part of deflection programs subject to subsection
(d) of Section 15 of this Act.
    (a.1) Up to 10 percent of appropriated funds may be
expended on activities related to knowledge dissemination,
training, technical assistance, or other similar activities
intended to increase practitioner and public awareness of
deflection and/or to support its implementation. The Illinois
Criminal Justice Information Authority may adopt guidelines
and requirements to direct the distribution of funds for these
activities.
    (b) For all appropriated funds not distributed under
subsection (a.1) a.1, the Illinois Criminal Justice
Information Authority may adopt guidelines and requirements to
direct the distribution of funds for expenses related to
deflection programs. Funding shall be made available to
support both new and existing deflection programs in a broad
spectrum of geographic regions in this State, including urban,
suburban, and rural communities. Funding for deflection
programs shall be prioritized for communities that have been
impacted by the war on drugs, communities that have a
police/community relations issue, and communities that have a
disproportionate lack of access to mental health and drug
treatment. Activities eligible for funding under this Act may
include, but are not limited to, the following:
        (1) activities related to program administration,
    coordination, or management, including, but not limited
    to, the development of collaborative partnerships with
    licensed treatment providers and community members or
    organizations; collection of program data; or monitoring
    of compliance with a local deflection program plan;
        (2) case management including case management provided
    prior to assessment, diagnosis, and engagement in
    treatment, as well as assistance navigating and gaining
    access to various treatment modalities and support
    services;
        (3) peer recovery or recovery support services that
    include the perspectives of persons with the experience of
    recovering from a substance use disorder, either
    themselves or as family members;
        (4) transportation to a licensed treatment provider or
    other program partner location;
        (5) program evaluation activities; .
        (6) naloxone and related supplies necessary for
    carrying out overdose reversal for purposes of
    distribution to program participants or for use by law
    enforcement or other first responders; and
        (7) treatment necessary to prevent gaps in service
    delivery between linkage and coverage by other funding
    sources when otherwise non-reimbursable.
    (c) Specific linkage agreements with recovery support
services or self-help entities may be a requirement of the
program services protocols. All deflection programs shall
encourage the involvement of key family members and
significant others as a part of a family-based approach to
treatment. All deflection programs are encouraged to use
evidence-based practices and outcome measures in the provision
of substance use disorder treatment and medication-assisted
treatment for persons with opioid use disorders.
(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19;
101-652, eff. 7-1-21; revised 11-24-21.)
 
    Section 60. The Gun Trafficking Information Act is amended
by changing Section 10-5 as follows:
 
    (5 ILCS 830/10-5)
    Sec. 10-5. Gun trafficking information.
    (a) The Illinois State Police shall use all reasonable
efforts in making publicly available, on a regular and ongoing
basis, key information related to firearms used in the
commission of crimes in this State, including, but not limited
to: reports on crimes committed with firearms, locations where
the crimes occurred, the number of persons killed or injured
in the commission of the crimes, the state where the firearms
used originated, the Federal Firearms Licensee that sold the
firearm, the type of firearms used, annual statistical
information concerning Firearm Owner's Identification Card and
concealed carry license applications, revocations, and
compliance with Section 9.5 of the Firearm Owners
Identification Card Act, firearm restraining order
dispositions, and firearm dealer license certification
inspections. The Illinois State Police shall make the
information available on its website, which may be presented
in a dashboard format, in addition to electronically filing a
report with the Governor and the General Assembly. The report
to the General Assembly shall be filed with the Clerk of the
House of Representatives and the Secretary of the Senate in
electronic form only, in the manner that the Clerk and the
Secretary shall direct.
    (b) The Illinois State Police shall study, on a regular
and ongoing basis, and compile reports on the number of
Firearm Owner's Identification Card checks to determine
firearms trafficking or straw purchase patterns. The Illinois
State Police shall, to the extent not inconsistent with law,
share such reports and underlying data with academic centers,
foundations, and law enforcement agencies studying firearms
trafficking, provided that personally identifying information
is protected. For purposes of this subsection (b), a Firearm
Owner's Identification Card number is not personally
identifying information, provided that no other personal
information of the card holder is attached to the record. The
Illinois State Police may create and attach an alternate
unique identifying number to each Firearm Owner's
Identification Card number, instead of releasing the Firearm
Owner's Identification Card number itself.
    (c) Each department, office, division, and agency of this
State shall, to the extent not inconsistent with law,
cooperate fully with the Illinois State Police and furnish the
Illinois State Police with all relevant information and
assistance on a timely basis as is necessary to accomplish the
purpose of this Act. The Illinois Criminal Justice Information
Authority shall submit the information required in subsection
(a) of this Section to the Illinois State Police, and any other
information as the Illinois State Police may request, to
assist the Illinois State Police in carrying out its duties
under this Act.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-5-21.)
 
    Section 65. The Election Code is amended by changing
Section 19-2 as follows:
 
    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
    Sec. 19-2. Except as otherwise provided in this Code, any
elector as defined in Section 19-1 may by mail or
electronically on the website of the appropriate election
authority, not more than 90 nor less than 5 days prior to the
date of such election, or by personal delivery not more than 90
nor less than one day prior to the date of such election, make
application to the county clerk or to the Board of Election
Commissioners for an official ballot for the voter's precinct
to be voted at such election to. Such a ballot shall be
delivered to the elector only upon separate application by the
elector for each election. Voters who make an application for
permanent vote by mail ballot status shall follow the
procedures specified in Section 19-3 and may apply year round.
Voters whose application for permanent vote by mail status is
accepted by the election authority shall remain on the
permanent vote by mail list until the voter requests to be
removed from permanent vote by mail status, the voter provides
notice to the election authority of a change in registration
that affects their registration status, or the election
authority receives confirmation that the voter has
subsequently registered to vote in another election authority
jurisdiction. The URL address at which voters may
electronically request a vote by mail ballot shall be fixed no
later than 90 calendar days before an election and shall not be
changed until after the election.
(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21;
102-687, eff. 12-17-21; revised 1-5-22.)
 
    Section 70. The Secretary of State Act is amended by
setting forth, renumbering, and changing multiple versions of
Section 35 as follows:
 
    (15 ILCS 305/35)
    (Section scheduled to be repealed on July 1, 2022)
    Sec. 35. Task Force on Best Practices and Licensing of
Non-Transplant Organ Donation Organizations.
    (a) The General Assembly finds and declares that:
        (1) Non-transplant organ donation organizations that
    accept or process whole body donations or body parts not
    for transplantation owe a duty of transparency and
    safekeeping to the donor and his or her next of kin.
    Medical and scientific research is critical to a continued
    understanding of the human body, disease, and training the
    next generation of medical professionals, funeral home
    directors, coroners, and mortuary students. Non-transplant
    organ donation organizations do not include organizations
    that receive body parts for the purposes of
    transplantation.
        (2) Recently, non-transplant organizations that
    receive or process whole body donation or body part
    donation not for transplantation purposes, have misused or
    mishandled donor bodies and body parts.
        (3) Neither State nor federal law adequately regulates
    this industry.
    (b) As used in this Section, "Task Force" means the Task
Force on Best Practices and Licensing of Non-Transplant Organ
Donation Organizations.
    (c) There is created a Task Force on Best Practices and
Licensing of Non-Transplant Organ Donation Organizations to
review and report on national standards for best practices in
relation to the licensing and regulation of organizations that
solicit or accept non-transplantation whole bodies and body
parts, including licensing standards, State regulation,
identification of bodies and body parts, and sanctions. The
goal of the Task Force is to research the industry,
investigate State and local standards, and provide
recommendations to the General Assembly and Office of the
Governor.
    (d) The Task Force's report shall include, but not be
limited to, standards for organizations that accept whole body
and body part donation, the application process for licensure,
best practices regarding consent, the identification,
labeling, handling and return of bodies and body parts to
ensure proper end-use and return to the next of kin, and best
practices for ensuring donors and next of kin are treated with
transparency and dignity. The report shall also evaluate and
make a recommendation as to the area of State government most
appropriate for licensing organizations and regulation of the
industry. The report shall also make a recommendation on
legislation to enact the findings of the Task Force.
    (e) The Task Force shall meet no less than 5 times between
July 9, 2021 (the effective date of Public Act 102-96) this
amendatory Act of the 102nd General Assembly and December 31,
2021. The Task Force shall prepare a report that summarizes
its work and makes recommendations resulting from its review.
The Task Force shall submit the report of its findings and
recommendations to the Governor and General Assembly no later
than January 15, 2022.
    (f) The Task Force shall consist of the following 8
members:
        (1) the Secretary of State or his or her designee;
        (2) one member appointed by the Secretary of State
    from the Department of Organ Donor of the Office of the
    Secretary of State;
        (3) one member appointed by the President of the
    Senate;
        (4) one member appointed by the Minority Leader of the
    Senate;
        (5) one member appointed by the Speaker of the House
    of Representatives;
        (6) one member appointed by the Minority Leader of the
    House of Representatives;
        (7) one member appointed by the Director of Public
    Health; and
        (8) one member from a University or Mortuary School
    that has experience in receiving whole body donations,
    appointed by the Governor.
    (g) The Secretary of State shall designate which member
shall serve as chairperson and facilitate the Task Force. The
members of the Task Force shall be appointed no later than 90
days after July 9, 2021 (the effective date of Public Act
102-96) this amendatory Act of the 102nd General Assembly.
Vacancies in the membership of the Task Force shall be filled
in the same manner as the original appointment. The members of
the Task Force shall not receive compensation for serving as
members of the Task Force.
    (h) The Office of the Secretary of State shall provide the
Task Force with administrative and other support.
    (i) This Section is repealed on July 1, 2022.
(Source: P.A. 102-96, eff. 7-9-21; revised 10-27-21.)
 
    (15 ILCS 305/36)
    Sec. 36 35. Authority to accept electronic signatures.
    (a) Through the adoption of administrative rules, the
Secretary may authorize the filing of documents with his or
her office that have been signed by electronic means.
    (b) The administrative rules adopted by the Secretary
shall set forth the following:
        (1) the type of electronic signature required;
        (2) the manner and format in which the electronic
    signature must be affixed to the electronic record;
        (3) the types of transactions which may be filed with
    his or her office with electronic signatures;
        (4) the procedures for seeking certification of
    compliance with electronic signature requirements; and
        (5) the date on which the Secretary will begin
    accepting electronic signatures.
    (c) Any entity seeking to provide services to third
parties for the execution of electronic signatures for filing
with the Secretary of State shall apply for a certification of
compliance with the requirements for the submission of
electronic signatures. To receive a certification of
compliance, the entity must establish the ability to comply
with all of the requirements of this Section and the
administrative rules adopted pursuant to this Section. There
is no limitation on the number of entities that may be issued a
certification of compliance. The Secretary shall include on
its Internet website a list of the entities that have been
issued a certification of compliance.
    (d) The Secretary shall only accept electronic signatures
created by use of the services of an entity that has received a
certification of compliance as set forth in this Section.
    (e) An electronic signature must meet all of the following
requirements:
        (1) Be executed or adopted by a person with the intent
    to sign the document so as to indicate the person's
    approval of the information contained in the document.
        (2) Be attached to or logically associated with the
    information contained in the document being signed.
        (3) Be capable of reliable identification and
    authentication of the person as the signer. Identification
    and authentication may be accomplished through additional
    security procedures or processes if reliably correlated to
    the electronic signature.
        (4) Be linked to the document in a manner that would
    invalidate the electronic signature if the document is
    changed.
        (5) Be linked to the document so as to preserve its
    integrity as an accurate and complete record for the full
    retention period of the document.
        (6) Be compatible with the standards and technology
    for electronic signatures that are generally used in
    commerce and industry and by state governments.
    (f) If the Secretary determines an electronic signature is
not in compliance with this Section or the administrative
rules adopted pursuant to this Section, or is not in
compliance with other applicable statutory or regulatory
provisions, the Secretary may refuse to accept the signature.
    (g) Electronic signatures accepted by the Secretary of
State shall have the same force and effect as manual
signatures.
    (h) Electronic delivery of records accepted by the
Secretary of State shall have the same force and effect as
physical delivery of records.
    (i) Electronic records and electronic signatures accepted
by the Secretary of State shall be admissible in all
administrative, quasi-judicial, and judicial proceedings. In
any such proceeding, nothing in the application of the rules
of evidence shall apply so as to deny the admissibility of an
electronic record or electronic signature into evidence on the
sole ground that it is an electronic record or electronic
signature, or on the grounds that it is not in its original
form or is not an original. Information in the form of an
electronic record shall be given due evidentiary weight by the
trier of fact.
(Source: P.A. 102-213, eff. 1-1-22; revised 10-27-21.)
 
    Section 75. The Secretary of State Merit Employment Code
is amended by changing Section 10b.1 as follows:
 
    (15 ILCS 310/10b.1)  (from Ch. 124, par. 110b.1)
    Sec. 10b.1. Competitive examinations.
    (a) For open competitive examinations to test the relative
fitness of applicants for the respective positions. Tests
shall be designed to eliminate those who are not qualified for
entrance into the Office of the Secretary of State and to
discover the relative fitness of those who are qualified. The
Director may use any one of or any combination of the following
examination methods which in his judgment best serves this
end: investigation of education and experience; test of
cultural knowledge; test of capacity; test of knowledge; test
of manual skill; test of linguistic ability; test of
character; test of physical skill; test of psychological
fitness. No person with a record of misdemeanor convictions
except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1),
(6), and (8) of subsection (a) sub-sections 1, 6 and 8 of
Section 24-1 of the Criminal Code of 1961 or the Criminal Code
of 2012, or arrested for any cause but not convicted thereon
shall be disqualified from taking such examinations or
subsequent appointment unless the person is attempting to
qualify for a position which would give him the powers of a
peace officer, in which case the person's conviction or arrest
record may be considered as a factor in determining the
person's fitness for the position. All examinations shall be
announced publicly at least 2 weeks in advance of the date of
examinations and may be advertised through the press, radio or
other media.
    The Director may, at his discretion, accept the results of
competitive examinations conducted by any merit system
established by Federal law or by the law of any state State,
and may compile eligible lists therefrom or may add the names
of successful candidates in examinations conducted by those
merit systems to existing eligible lists in accordance with
their respective ratings. No person who is a non-resident of
the State of Illinois may be appointed from those eligible
lists, however, unless the requirement that applicants be
residents of the State of Illinois is waived by the Director of
Personnel and unless there are less than 3 Illinois residents
available for appointment from the appropriate eligible list.
The results of the examinations conducted by other merit
systems may not be used unless they are comparable in
difficulty and comprehensiveness to examinations conducted by
the Department of Personnel for similar positions. Special
linguistic options may also be established where deemed
appropriate.
    (b) The Director of Personnel may require that each person
seeking employment with the Secretary of State, as part of the
application process, authorize an investigation to determine
if the applicant has ever been convicted of a crime and if so,
the disposition of those convictions; this authorization shall
indicate the scope of the inquiry and the agencies which may be
contacted. Upon this authorization, the Director of Personnel
may request and receive information and assistance from any
federal, state or local governmental agency as part of the
authorized investigation. The investigation shall be
undertaken after the fingerprinting of an applicant in the
form and manner prescribed by the Illinois State Police. The
investigation shall consist of a criminal history records
check performed by the Illinois State Police and the Federal
Bureau of Investigation, or some other entity that has the
ability to check the applicant's fingerprints against the
fingerprint records now and hereafter filed in the Illinois
State Police and Federal Bureau of Investigation criminal
history records databases. If the Illinois State Police and
the Federal Bureau of Investigation conduct an investigation
directly for the Secretary of State's Office, then the
Illinois State Police shall charge a fee for conducting the
criminal history records check, which shall be deposited in
the State Police Services Fund and shall not exceed the actual
cost of the records check. The Illinois State Police shall
provide information concerning any criminal convictions, and
their disposition, brought against the applicant or
prospective employee of the Secretary of State upon request of
the Department of Personnel when the request is made in the
form and manner required by the Illinois State Police. The
information derived from this investigation, including the
source of this information, and any conclusions or
recommendations derived from this information by the Director
of Personnel shall be provided to the applicant or prospective
employee, or his designee, upon request to the Director of
Personnel prior to any final action by the Director of
Personnel on the application. No information obtained from
such investigation may be placed in any automated information
system. Any criminal convictions and their disposition
information obtained by the Director of Personnel shall be
confidential and may not be transmitted outside the Office of
the Secretary of State, except as required herein, and may not
be transmitted to anyone within the Office of the Secretary of
State except as needed for the purpose of evaluating the
application. The only physical identity materials which the
applicant or prospective employee can be required to provide
the Director of Personnel are photographs or fingerprints;
these shall be returned to the applicant or prospective
employee upon request to the Director of Personnel, after the
investigation has been completed and no copy of these
materials may be kept by the Director of Personnel or any
agency to which such identity materials were transmitted. Only
information and standards which bear a reasonable and rational
relation to the performance of an employee shall be used by the
Director of Personnel. The Secretary of State shall adopt
rules and regulations for the administration of this Section.
Any employee of the Secretary of State who gives or causes to
be given away any confidential information concerning any
criminal convictions and their disposition of an applicant or
prospective employee shall be guilty of a Class A misdemeanor
unless release of such information is authorized by this
Section.
(Source: P.A. 102-538, eff. 8-20-21; revised 12-2-21.)
 
    Section 80. The State Comptroller Act is amended by
setting forth and renumbering multiple versions of Section 28
as follows:
 
    (15 ILCS 405/28)
    Sec. 28. State Comptroller purchase of real property.
    (a) Subject to the provisions of the Public Contract Fraud
Act, the State Comptroller, on behalf of the State of
Illinois, is authorized during State fiscal years 2021 and
2022 to acquire real property located in the City of
Springfield, which the State Comptroller deems necessary to
properly carry out the powers and duties vested in him or her.
Real property acquired under this Section may be acquired
subject to any third party interests in the property that do
not prevent the State Comptroller from exercising the intended
beneficial use of such property. This subsection (a) is
inoperative on and after July 1, 2022.
    (b) Subject to the provisions of the Comptroller's
Procurement Rules, which shall be substantially in accordance
with the requirements of the Illinois Procurement Code, the
State Comptroller may:
        (1) enter into contracts relating to construction,
    reconstruction, or renovation projects for any such
    buildings or lands acquired under subsection (a); and
        (2) equip, lease, repair, operate, and maintain those
    grounds, buildings, and facilities as may be appropriate
    to carry out his or her statutory purposes and duties.
    (c) The State Comptroller may enter into agreements for
the purposes of exercising his or her authority under this
Section.
    (d) The exercise of the authority vested in the
Comptroller to acquire property under this Section is subject
to appropriation.
    (e) The Capital Facility and Technology Modernization Fund
is hereby created as a special fund in the State treasury.
Subject to appropriation, moneys in the Fund shall be used by
the Comptroller for the purchase, reconstruction, lease,
repair, and maintenance of real property as may be acquired
under this Section, including for expenses related to the
modernization and maintenance of information technology
systems and infrastructure.
(Source: P.A. 101-665, eff. 4-2-21.)
 
    (15 ILCS 405/29)
    Sec. 29 28. Comptroller recess appointments. If, during a
recess of the Senate, there is a vacancy in an office filled by
appointment by the Comptroller by and with the advice and
consent of the Senate, the Comptroller shall make a temporary
appointment until the next meeting of the Senate, when he or
she shall make a nomination to fill such office. Any
nomination not acted upon by the Senate within 60 session days
after the receipt thereof shall be deemed to have received the
advice and consent of the Senate. No person rejected by the
Senate for an office shall, except at the Senate's request, be
nominated again for that office at the same session or be
appointed to that office during a recess of that Senate.
(Source: P.A. 102-291, eff. 8-6-21; revised 10-27-21.)
 
    Section 85. The Comptroller Merit Employment Code is
amended by changing Section 10b.1 as follows:
 
    (15 ILCS 410/10b.1)  (from Ch. 15, par. 426)
    Sec. 10b.1. Competitive examinations. For open competitive
examinations to test the relative fitness of applicants for
the respective positions. Tests shall be designed to eliminate
those who are not qualified for entrance into the Office of the
Comptroller and to discover the relative fitness of those who
are qualified. The Director may use any one of or any
combination of the following examination methods which in his
judgment best serves this end: investigation of education and
experience; test of cultural knowledge; test of capacity; test
of knowledge; test of manual skill; test of linguistic
ability; test of character; test of physical skill; test of
psychological fitness. No person with a record of misdemeanor
convictions except those under Sections 11-1.50, 11-6, 11-7,
11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
paragraphs (1), (6), and (8) of subsection (a) sub-sections 1,
6 and 8 of Section 24-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or arrested for any cause but not
convicted thereon shall be disqualified from taking such
examinations or subsequent appointment unless the person is
attempting to qualify for a position which entails financial
responsibilities, in which case the person's conviction or
arrest record may be considered as a factor in determining the
person's fitness for the position. All examinations shall be
announced publicly at least 2 weeks in advance of the date of
examinations and may be advertised through the press, radio or
other media.
    The Director may, at his or her discretion, accept the
results of competitive examinations conducted by any merit
system established by Federal law or by the law of any state
State, and may compile eligible lists therefrom or may add the
names of successful candidates in examinations conducted by
those merit systems to existing eligible lists in accordance
with their respective ratings. No person who is a non-resident
of the State of Illinois may be appointed from those eligible
lists, however, unless the requirement that applicants be
residents of the State of Illinois is waived by the Director of
Human Resources and unless there are less than 3 Illinois
residents available for appointment from the appropriate
eligible list. The results of the examinations conducted by
other merit systems may not be used unless they are comparable
in difficulty and comprehensiveness to examinations conducted
by the Department of Human Resources for similar positions.
Special linguistic options may also be established where
deemed appropriate.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13;
revised 12-2-21.)
 
    Section 90. The Deposit of State Moneys Act is amended by
changing Section 22.5 as follows:
 
    (15 ILCS 520/22.5)  (from Ch. 130, par. 41a)
    (For force and effect of certain provisions, see Section
90 of P.A. 94-79)
    Sec. 22.5. Permitted investments. The State Treasurer may
invest and reinvest any State money in the State Treasury
which is not needed for current expenditures due or about to
become due, in obligations of the United States government or
its agencies or of National Mortgage Associations established
by or under the National Housing Act, 12 U.S.C. 1701 et seq.,
or in mortgage participation certificates representing
undivided interests in specified, first-lien conventional
residential Illinois mortgages that are underwritten, insured,
guaranteed, or purchased by the Federal Home Loan Mortgage
Corporation or in Affordable Housing Program Trust Fund Bonds
or Notes as defined in and issued pursuant to the Illinois
Housing Development Act. All such obligations shall be
considered as cash and may be delivered over as cash by a State
Treasurer to his successor.
    The State Treasurer may purchase any state bonds with any
money in the State Treasury that has been set aside and held
for the payment of the principal of and interest on the bonds.
The bonds shall be considered as cash and may be delivered over
as cash by the State Treasurer to his successor.
    The State Treasurer may invest or reinvest any State money
in the State Treasury that is not needed for current
expenditures due or about to become due, or any money in the
State Treasury that has been set aside and held for the payment
of the principal of and interest on any State bonds, in bonds
issued by counties or municipal corporations of the State of
Illinois.
    The State Treasurer may invest or reinvest up to 5% of the
College Savings Pool Administrative Trust Fund, the Illinois
Public Treasurer Investment Pool (IPTIP) Administrative Trust
Fund, and the State Treasurer's Administrative Fund that is
not needed for current expenditures due or about to become
due, in common or preferred stocks of publicly traded
corporations, partnerships, or limited liability companies,
organized in the United States, with assets exceeding
$500,000,000 if: (i) the purchases do not exceed 1% of the
corporation's or the limited liability company's outstanding
common and preferred stock; (ii) no more than 10% of the total
funds are invested in any one publicly traded corporation,
partnership, or limited liability company; and (iii) the
corporation or the limited liability company has not been
placed on the list of restricted companies by the Illinois
Investment Policy Board under Section 1-110.16 of the Illinois
Pension Code.
    Whenever the total amount of vouchers presented to the
Comptroller under Section 9 of the State Comptroller Act
exceeds the funds available in the General Revenue Fund by
$1,000,000,000 or more, then the State Treasurer may invest
any State money in the State Treasury, other than money in the
General Revenue Fund, Health Insurance Reserve Fund, Attorney
General Court Ordered and Voluntary Compliance Payment
Projects Fund, Attorney General Whistleblower Reward and
Protection Fund, and Attorney General's State Projects and
Court Ordered Distribution Fund, which is not needed for
current expenditures, due or about to become due, or any money
in the State Treasury which has been set aside and held for the
payment of the principal of and the interest on any State bonds
with the Office of the Comptroller in order to enable the
Comptroller to pay outstanding vouchers. At any time, and from
time to time outstanding, such investment shall not be greater
than $2,000,000,000. Such investment shall be deposited into
the General Revenue Fund or Health Insurance Reserve Fund as
determined by the Comptroller. Such investment shall be repaid
by the Comptroller with an interest rate tied to the London
Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an
equivalent market established variable rate, but in no case
shall such interest rate exceed the lesser of the penalty rate
established under the State Prompt Payment Act or the timely
pay interest rate under Section 368a of the Illinois Insurance
Code. The State Treasurer and the Comptroller shall enter into
an intergovernmental agreement to establish procedures for
such investments, which market established variable rate to
which the interest rate for the investments should be tied,
and other terms which the State Treasurer and Comptroller
reasonably believe to be mutually beneficial concerning these
investments by the State Treasurer. The State Treasurer and
Comptroller shall also enter into a written agreement for each
such investment that specifies the period of the investment,
the payment interval, the interest rate to be paid, the funds
in the State Treasury from which the State Treasurer will draw
the investment, and other terms upon which the State Treasurer
and Comptroller mutually agree. Such investment agreements
shall be public records and the State Treasurer shall post the
terms of all such investment agreements on the State
Treasurer's official website. In compliance with the
intergovernmental agreement, the Comptroller shall order and
the State Treasurer shall transfer amounts sufficient for the
payment of principal and interest invested by the State
Treasurer with the Office of the Comptroller under this
paragraph from the General Revenue Fund or the Health
Insurance Reserve Fund to the respective funds in the State
Treasury from which the State Treasurer drew the investment.
Public Act 100-1107 shall constitute an irrevocable and
continuing authority for all amounts necessary for the payment
of principal and interest on the investments made with the
Office of the Comptroller by the State Treasurer under this
paragraph, and the irrevocable and continuing authority for
and direction to the Comptroller and State Treasurer to make
the necessary transfers.
    The State Treasurer may invest or reinvest any State money
in the State Treasury that is not needed for current
expenditure, due or about to become due, or any money in the
State Treasury that has been set aside and held for the payment
of the principal of and the interest on any State bonds, in any
of the following:
        (1) Bonds, notes, certificates of indebtedness,
    Treasury bills, or other securities now or hereafter
    issued that are guaranteed by the full faith and credit of
    the United States of America as to principal and interest.
        (2) Bonds, notes, debentures, or other similar
    obligations of the United States of America, its agencies,
    and instrumentalities, or other obligations that are
    issued or guaranteed by supranational entities; provided,
    that at the time of investment, the entity has the United
    States government as a shareholder.
        (2.5) Bonds, notes, debentures, or other similar
    obligations of a foreign government, other than the
    Republic of the Sudan, that are guaranteed by the full
    faith and credit of that government as to principal and
    interest, but only if the foreign government has not
    defaulted and has met its payment obligations in a timely
    manner on all similar obligations for a period of at least
    25 years immediately before the time of acquiring those
    obligations.
        (3) Interest-bearing savings accounts,
    interest-bearing certificates of deposit,
    interest-bearing time deposits, or any other investments
    constituting direct obligations of any bank as defined by
    the Illinois Banking Act.
        (4) Interest-bearing accounts, certificates of
    deposit, or any other investments constituting direct
    obligations of any savings and loan associations
    incorporated under the laws of this State or any other
    state or under the laws of the United States.
        (5) Dividend-bearing share accounts, share certificate
    accounts, or class of share accounts of a credit union
    chartered under the laws of this State or the laws of the
    United States; provided, however, the principal office of
    the credit union must be located within the State of
    Illinois.
        (6) Bankers' acceptances of banks whose senior
    obligations are rated in the top 2 rating categories by 2
    national rating agencies and maintain that rating during
    the term of the investment and the bank has not been placed
    on the list of restricted companies by the Illinois
    Investment Policy Board under Section 1-110.16 of the
    Illinois Pension Code.
        (7) Short-term obligations of either corporations or
    limited liability companies organized in the United States
    with assets exceeding $500,000,000 if (i) the obligations
    are rated at the time of purchase at one of the 3 highest
    classifications established by at least 2 standard rating
    services and mature not later than 270 days from the date
    of purchase, (ii) the purchases do not exceed 10% of the
    corporation's or the limited liability company's
    outstanding obligations, (iii) no more than one-third of
    the public agency's funds are invested in short-term
    obligations of either corporations or limited liability
    companies, and (iv) the corporation or the limited
    liability company has not been placed on the list of
    restricted companies by the Illinois Investment Policy
    Board under Section 1-110.16 of the Illinois Pension Code.
        (7.5) Obligations of either corporations or limited
    liability companies organized in the United States, that
    have a significant presence in this State, with assets
    exceeding $500,000,000 if: (i) the obligations are rated
    at the time of purchase at one of the 3 highest
    classifications established by at least 2 standard rating
    services and mature more than 270 days, but less than 10
    years, from the date of purchase; (ii) the purchases do
    not exceed 10% of the corporation's or the limited
    liability company's outstanding obligations; (iii) no more
    than one-third of the public agency's funds are invested
    in such obligations of corporations or limited liability
    companies; and (iv) the corporation or the limited
    liability company has not been placed on the list of
    restricted companies by the Illinois Investment Policy
    Board under Section 1-110.16 of the Illinois Pension Code.
        (8) Money market mutual funds registered under the
    Investment Company Act of 1940.
        (9) The Public Treasurers' Investment Pool created
    under Section 17 of the State Treasurer Act or in a fund
    managed, operated, and administered by a bank.
        (10) Repurchase agreements of government securities
    having the meaning set out in the Government Securities
    Act of 1986, as now or hereafter amended or succeeded,
    subject to the provisions of that Act and the regulations
    issued thereunder.
        (11) Investments made in accordance with the
    Technology Development Act.
        (12) Investments made in accordance with the Student
    Investment Account Act.
        (13) Investments constituting direct obligations of a
    community development financial institution, which is
    certified by the United States Treasury Community
    Development Financial Institutions Fund and is operating
    in the State of Illinois.
        (14) Investments constituting direct obligations of a
    minority depository institution, as designated by the
    Federal Deposit Insurance Corporation, that is operating
    in the State of Illinois.
        (15) (13) Investments made in accordance with any
    other law that authorizes the State Treasurer to invest or
    deposit funds.
    For purposes of this Section, "agencies" of the United
States Government includes:
        (i) the federal land banks, federal intermediate
    credit banks, banks for cooperatives, federal farm credit
    banks, or any other entity authorized to issue debt
    obligations under the Farm Credit Act of 1971 (12 U.S.C.
    2001 et seq.) and Acts amendatory thereto;
        (ii) the federal home loan banks and the federal home
    loan mortgage corporation;
        (iii) the Commodity Credit Corporation; and
        (iv) any other agency created by Act of Congress.
    The State Treasurer may lend any securities acquired under
this Act. However, securities may be lent under this Section
only in accordance with Federal Financial Institution
Examination Council guidelines and only if the securities are
collateralized at a level sufficient to assure the safety of
the securities, taking into account market value fluctuation.
The securities may be collateralized by cash or collateral
acceptable under Sections 11 and 11.1.
(Source: P.A. 101-81, eff. 7-12-19; 101-206, eff. 8-2-19;
101-586, eff. 8-26-19; 101-657, eff. 3-23-21; 102-297, eff.
8-6-21; 102-558, eff. 8-20-21; revised 10-6-21.)
 
    Section 95. The Civil Administrative Code of Illinois is
amended by changing Section 5-715 as follows:
 
    (20 ILCS 5/5-715)
    Sec. 5-715. Expedited licensure for service members and
spouses.
    (a) In this Section, "service member" means any person
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 States Armed Forces, the Coast
Guard, or the National Guard of any state, commonwealth, or
territory of the United States or the District of Columbia or
whose active duty service concluded within the preceding 2
years before application.
    (a-5) The Department of Financial and Professional
Regulation shall within 180 days after January 1, 2020 (the
effective date of Public Act 101-240) designate one staff
member as the military liaison within the Department of
Financial and Professional Regulation to ensure proper
enactment of the requirements of this Section. The military
liaison's responsibilities shall also include, but are not
limited to: (1) the management of all expedited applications
to ensure processing within 30 days after receipt of a
completed application; (2) coordination with all military
installation military and family support center directors
within this State, including virtual, phone, or in-person
periodic meetings with each military installation military and
family support center; and (3) training by the military
liaison to all directors of each division that issues an
occupational or professional license to ensure proper
application of this Section. At the end of each calendar year,
the military liaison shall provide an annual report
documenting the expedited licensure program for service
members and spouses, and shall deliver that report to the
Secretary of Financial and Professional Regulation and the
Lieutenant Governor.
    (b) Each director of a department that issues an
occupational or professional license is authorized to and
shall issue an expedited license to a service member who meets
the requirements under this Section. Review and determination
of an application for a license issued by the department shall
be expedited by the department within 30 days after the date on
which the department receives all necessary documentation
required for licensure, including any required information
from State and federal agencies. An expedited license shall be
issued by the department to any service members meeting the
application requirements of this Section, regardless of
whether the service member currently resides in this State.
The service member shall apply to the department on forms
provided by the department. An application must include proof
that:
        (1) the applicant is a service member;
        (2) the applicant holds a valid license in good
    standing for the occupation or profession issued by
    another state, commonwealth, possession, or territory of
    the United States, the District of Columbia, or any
    foreign jurisdiction;
        (2.5) the applicant meets the requirements and
    standards for licensure through endorsement or reciprocity
    for the occupation or profession for which the applicant
    is applying;
        (3) the applicant is assigned to a duty station in
    this State, has established legal residence in this State,
    or will reside in this State within 6 months after the date
    of application for licensure;
        (4) a complete set of the applicant's fingerprints has
    been submitted to the Illinois State Police for statewide
    and national criminal history checks, if applicable to the
    requirements of the department issuing the license; the
    applicant shall pay the fee to the Illinois State Police
    or to the fingerprint vendor for electronic fingerprint
    processing; no temporary occupational or professional
    license shall be issued to an applicant if the statewide
    or national criminal history check discloses information
    that would cause the denial of an application for
    licensure under any applicable occupational or
    professional licensing Act;
        (5) the applicant is not ineligible for licensure
    pursuant to Section 2105-165 of the Civil Administrative
    Code of Illinois;
        (6) the applicant has submitted an application for
    full licensure; and
        (7) the applicant has paid the required fee; fees
    shall not be refundable.
    (c) Each director of a department that issues an
occupational or professional license is authorized to and
shall issue an expedited license to the spouse of a service
member who meets the requirements under this Section. Review
and determination of an application for a license shall be
expedited by the department within 30 days after the date on
which the department receives all necessary documentation
required for licensure, including information from State and
federal agencies. An expedited license shall be issued by the
department to any spouse of a service member meeting the
application requirements of this Section, regardless of
whether the spouse or the service member currently resides
reside in this State. The spouse of a service member shall
apply to the department on forms provided by the department.
An application must include proof that:
        (1) the applicant is the spouse of a service member;
        (2) the applicant holds a valid license in good
    standing for the occupation or profession issued by
    another state, commonwealth, possession, or territory of
    the United States, the District of Columbia, or any
    foreign jurisdiction;
        (2.5) the applicant meets the requirements and
    standards for licensure through endorsement or reciprocity
    for the occupation or profession for which the applicant
    is applying;
        (3) the applicant's spouse is assigned to a duty
    station in this State, has established legal residence in
    this State, or will reside in this State within 6 months
    after the date of application for licensure;
        (4) a complete set of the applicant's fingerprints has
    been submitted to the Illinois State Police for statewide
    and national criminal history checks, if applicable to the
    requirements of the department issuing the license; the
    applicant shall pay the fee to the Illinois State Police
    or to the fingerprint vendor for electronic fingerprint
    processing; no temporary occupational or professional
    license shall be issued to an applicant if the statewide
    or national criminal history check discloses information
    that would cause the denial of an application for
    licensure under any applicable occupational or
    professional licensing Act;
        (5) the applicant is not ineligible for licensure
    pursuant to Section 2105-165 of the Civil Administrative
    Code of Illinois;
        (6) the applicant has submitted an application for
    full licensure; and
        (7) the applicant has paid the required fee; fees
    shall not be refundable.
    (c-5) If a service member or his or her spouse relocates
from this State, he or she shall be provided an opportunity to
place his or her license in inactive status through
coordination with the military liaison. If the service member
or his or her spouse returns to this State, he or she may
reactivate the license in accordance with the statutory
provisions regulating the profession and any applicable
administrative rules. The license reactivation shall be
expedited and completed within 30 days after receipt of a
completed application to reactivate the license. A license
reactivation is only applicable when the valid license for
which the first issuance of a license was predicated is still
valid and in good standing. An application to reactivate a
license must include proof that the applicant still holds a
valid license in good standing for the occupation or
profession issued in another State, commonwealth, possession,
or territory of the United States, the District of Columbia,
or any foreign jurisdiction.
    (d) All relevant experience of a service member or his or
her spouse in the discharge of official duties, including
full-time and part-time experience, shall be credited in the
calculation of any years of practice in an occupation or
profession as may be required under any applicable
occupational or professional licensing Act. All relevant
training provided by the military and completed by a service
member shall be credited to that service member as meeting any
training or education requirement under any applicable
occupational or professional licensing Act, provided that the
training or education is determined by the department to meet
the requirements under any applicable Act and is not otherwise
contrary to any other licensure requirement.
    (e) A department may adopt any rules necessary for the
implementation and administration of this Section and shall by
rule provide for fees for the administration of this Section.
(Source: P.A. 101-240, eff. 1-1-20; 102-384, eff. 1-1-22;
102-538, eff. 8-20-21; revised 1-15-22.)
 
    Section 100. The Substance Use Disorder Act is amended by
changing Section 30-5 as follows:
 
    (20 ILCS 301/30-5)
    Sec. 30-5. Patients' rights established.
    (a) For purposes of this Section, "patient" means any
person who is receiving or has received early intervention,
treatment, or other recovery support services under this Act
or any category of service licensed as "intervention" under
this Act.
    (b) No patient shall be deprived of any rights, benefits,
or privileges guaranteed by law, the Constitution of the
United States of America, or the Constitution of the State of
Illinois solely because of his or her status as a patient.
    (c) Persons who have substance use disorders who are also
suffering from medical conditions shall not be discriminated
against in admission or treatment by any hospital that
receives support in any form supported in whole or in part by
funds appropriated to any State department or agency.
    (d) Every patient shall have impartial access to services
without regard to race, religion, sex, ethnicity, age, sexual
orientation, gender identity, marital status, or other
disability.
    (e) Patients shall be permitted the free exercise of
religion.
    (f) Every patient's personal dignity shall be recognized
in the provision of services, and a patient's personal privacy
shall be assured and protected within the constraints of his
or her individual treatment.
    (g) Treatment services shall be provided in the least
restrictive environment possible.
    (h) Each patient receiving treatment services shall be
provided an individual treatment plan, which shall be
periodically reviewed and updated as mandated by
administrative rule.
    (i) Treatment shall be person-centered, meaning that every
patient shall be permitted to participate in the planning of
his or her total care and medical treatment to the extent that
his or her condition permits.
    (j) A person shall not be denied treatment solely because
he or she has withdrawn from treatment against medical advice
on a prior occasion or had prior treatment episodes.
    (k) The patient in residential treatment shall be
permitted visits by family and significant others, unless such
visits are clinically contraindicated.
    (l) A patient in residential treatment shall be allowed to
conduct private telephone conversations with family and
friends unless clinically contraindicated.
    (m) A patient in residential treatment shall be permitted
to send and receive mail without hindrance, unless clinically
contraindicated.
    (n) A patient shall be permitted to manage his or her own
financial affairs unless the patient or the patient's
guardian, or if the patient is a minor, the patient's parent,
authorizes another competent person to do so.
    (o) A patient shall be permitted to request the opinion of
a consultant at his or her own expense, or to request an
in-house review of a treatment plan, as provided in the
specific procedures of the provider. A treatment provider is
not liable for the negligence of any consultant.
    (p) Unless otherwise prohibited by State or federal law,
every patient shall be permitted to obtain from his or her own
physician, the treatment provider, or the treatment provider's
consulting physician complete and current information
concerning the nature of care, procedures, and treatment that
he or she will receive.
    (q) A patient shall be permitted to refuse to participate
in any experimental research or medical procedure without
compromising his or her access to other, non-experimental
services. Before a patient is placed in an experimental
research or medical procedure, the provider must first obtain
his or her informed written consent or otherwise comply with
the federal requirements regarding the protection of human
subjects contained in 45 CFR C.F.R. Part 46.
    (r) All medical treatment and procedures shall be
administered as ordered by a physician and in accordance with
all Department rules.
    (s) Every patient in treatment shall be permitted to
refuse medical treatment and to know the consequences of such
action. Such refusal by a patient shall free the treatment
licensee from the obligation to provide the treatment.
    (t) Unless otherwise prohibited by State or federal law,
every patient, patient's guardian, or parent, if the patient
is a minor, shall be permitted to inspect and copy all clinical
and other records kept by the intervention or treatment
licensee or by his or her physician concerning his or her care
and maintenance. The licensee or physician may charge a
reasonable fee for the duplication of a record.
    (u) No owner, licensee, administrator, employee, or agent
of a licensed intervention or treatment program shall abuse or
neglect a patient. It is the duty of any individual who becomes
aware of such abuse or neglect to report it to the Department
immediately.
    (v) The licensee may refuse access to any person if the
actions of that person are or could be injurious to the health
and safety of a patient or the licensee, or if the person seeks
access for commercial purposes.
    (w) All patients admitted to community-based treatment
facilities shall be considered voluntary treatment patients
and such patients shall not be contained within a locked
setting.
    (x) Patients and their families or legal guardians shall
have the right to present complaints to the provider or the
Department concerning the quality of care provided to the
patient, without threat of discharge or reprisal in any form
or manner whatsoever. The complaint process and procedure
shall be adopted by the Department by rule. The treatment
provider shall have in place a mechanism for receiving and
responding to such complaints, and shall inform the patient
and the patient's family or legal guardian of this mechanism
and how to use it. The provider shall analyze any complaint
received and, when indicated, take appropriate corrective
action. Every patient and his or her family member or legal
guardian who makes a complaint shall receive a timely response
from the provider that substantively addresses the complaint.
The provider shall inform the patient and the patient's family
or legal guardian about other sources of assistance if the
provider has not resolved the complaint to the satisfaction of
the patient or the patient's family or legal guardian.
    (y) A patient may refuse to perform labor at a program
unless such labor is a part of the patient's individual
treatment plan as documented in the patient's clinical record.
    (z) A person who is in need of services may apply for
voluntary admission in the manner and with the rights provided
for under regulations promulgated by the Department. If a
person is refused admission, then staff, subject to rules
promulgated by the Department, shall refer the person to
another facility or to other appropriate services.
    (aa) No patient shall be denied services based solely on
HIV status. Further, records and information governed by the
AIDS Confidentiality Act and the AIDS Confidentiality and
Testing Code (77 Ill. Adm. Code 697) shall be maintained in
accordance therewith.
    (bb) Records of the identity, diagnosis, prognosis or
treatment of any patient maintained in connection with the
performance of any service or activity relating to substance
use disorder education, early intervention, intervention,
training, or treatment that is regulated, authorized, or
directly or indirectly assisted by any Department or agency of
this State or under any provision of this Act shall be
confidential and may be disclosed only in accordance with the
provisions of federal law and regulations concerning the
confidentiality of substance use disorder patient records as
contained in 42 U.S.C. Sections 290dd-2 and 42 CFR C.F.R. Part
2, or any successor federal statute or regulation.
        (1) The following are exempt from the confidentiality
    protections set forth in 42 CFR C.F.R. Section 2.12(c):
            (A) Veteran's Administration records.
            (B) Information obtained by the Armed Forces.
            (C) Information given to qualified service
        organizations.
            (D) Communications within a program or between a
        program and an entity having direct administrative
        control over that program.
            (E) Information given to law enforcement personnel
        investigating a patient's commission of a crime on the
        program premises or against program personnel.
            (F) Reports under State law of incidents of
        suspected child abuse and neglect; however,
        confidentiality restrictions continue to apply to the
        records and any follow-up information for disclosure
        and use in civil or criminal proceedings arising from
        the report of suspected abuse or neglect.
        (2) If the information is not exempt, a disclosure can
    be made only under the following circumstances:
            (A) With patient consent as set forth in 42 CFR
        C.F.R. Sections 2.1(b)(1) and 2.31, and as consistent
        with pertinent State law.
            (B) For medical emergencies as set forth in 42 CFR
        C.F.R. Sections 2.1(b)(2) and 2.51.
            (C) For research activities as set forth in 42 CFR
        C.F.R. Sections 2.1(b)(2) and 2.52.
            (D) For audit evaluation activities as set forth
        in 42 CFR C.F.R. Section 2.53.
            (E) With a court order as set forth in 42 CFR
        C.F.R. Sections 2.61 through 2.67.
        (3) The restrictions on disclosure and use of patient
    information apply whether the holder of the information
    already has it, has other means of obtaining it, is a law
    enforcement or other official, has obtained a subpoena, or
    asserts any other justification for a disclosure or use
    that is not permitted by 42 CFR C.F.R. Part 2. Any court
    orders authorizing disclosure of patient records under
    this Act must comply with the procedures and criteria set
    forth in 42 CFR C.F.R. Sections 2.64 and 2.65. Except as
    authorized by a court order granted under this Section, no
    record referred to in this Section may be used to initiate
    or substantiate any charges against a patient or to
    conduct any investigation of a patient.
        (4) The prohibitions of this subsection shall apply to
    records concerning any person who has been a patient,
    regardless of whether or when the person ceases to be a
    patient.
        (5) Any person who discloses the content of any record
    referred to in this Section except as authorized shall,
    upon conviction, be guilty of a Class A misdemeanor.
        (6) The Department shall prescribe regulations to
    carry out the purposes of this subsection. These
    regulations may contain such definitions, and may provide
    for such safeguards and procedures, including procedures
    and criteria for the issuance and scope of court orders,
    as in the judgment of the Department are necessary or
    proper to effectuate the purposes of this Section, to
    prevent circumvention or evasion thereof, or to facilitate
    compliance therewith.
    (cc) Each patient shall be given a written explanation of
all the rights enumerated in this Section and a copy, signed by
the patient, shall be kept in every patient record. If a
patient is unable to read such written explanation, it shall
be read to the patient in a language that the patient
understands. A copy of all the rights enumerated in this
Section shall be posted in a conspicuous place within the
program where it may readily be seen and read by program
patients and visitors.
    (dd) The program shall ensure that its staff is familiar
with and observes the rights and responsibilities enumerated
in this Section.
    (ee) Licensed organizations shall comply with the right of
any adolescent to consent to treatment without approval of the
parent or legal guardian in accordance with the Consent by
Minors to Health Care Services Medical Procedures Act.
    (ff) At the point of admission for services, licensed
organizations must obtain written informed consent, as defined
in Section 1-10 and in administrative rule, from each client,
patient, or legal guardian.
(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19;
revised 12-1-21.)
 
    Section 105. The Department of Central Management Services
Law of the Civil Administrative Code of Illinois is amended by
by setting forth and renumbering multiple versions of Section
405-535 as follows:
 
    (20 ILCS 405/405-535)
    Sec. 405-535. Race and gender wage reports.
    (a) Each State agency and public institution of higher
education shall annually submit to the Commission on Equity
and Inclusion a report, categorized by both race and gender,
specifying the respective wage earnings of employees of that
State agency or public institution of higher education.
    (b) The Commission shall compile the information submitted
under this Section and make that information available to the
public on the Internet website of the Commission.
    (c) The Commission shall annually submit a report of the
information compiled under this Section to the Governor and
the General Assembly.
    (d) As used in this Section:
    "Public institution of higher education" has the meaning
provided in Section 1 of the Board of Higher Education Act.
    "State agency" has the meaning provided in subsection (b)
of Section 405-5.
(Source: P.A. 101-657, Article 25, Section 25-5, eff. 3-23-21;
102-29, eff. 6-25-21.)
 
    (20 ILCS 405/405-536)
    Sec. 405-536 405-535. State building municipal
identification card access. Any State-owned building that
requires the display of a State-issued identification card for
the purpose of gaining access to the premises shall, in
addition to other acceptable forms of identification, accept
the use of any Illinois municipal identification card as an
acceptable form of identification for the purpose of entering
the premises. An Illinois municipal identification card may
not be sufficient to access certain secure areas within the
premises and may require additional authorization or
identification at the discretion of the premises' security,
the Department of Central Management Services, or the user
agency.
    For the purposes of this Section, "municipal
identification card" means a photo identification card that is
issued by an Illinois municipality, as defined under Section
1-1-2 of the Illinois Municipal Code, in accordance with its
ordinances or codes that consists of the photo, name, and
address of the card holder.
(Source: P.A. 102-561, eff. 1-1-22; revised 10-27-21.)
 
    Section 110. The Personnel Code is amended by changing
Sections 4c and 8b.1 as follows:
 
    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
    Sec. 4c. General exemptions. The following positions in
State service shall be exempt from jurisdictions A, B, and C,
unless the jurisdictions shall be extended as provided in this
Act:
        (1) All officers elected by the people.
        (2) All positions under the Lieutenant Governor,
    Secretary of State, State Treasurer, State Comptroller,
    State Board of Education, Clerk of the Supreme Court,
    Attorney General, and State Board of Elections.
        (3) Judges, and officers and employees of the courts,
    and notaries public.
        (4) All officers and employees of the Illinois General
    Assembly, all employees of legislative commissions, all
    officers and employees of the Illinois Legislative
    Reference Bureau and the Legislative Printing Unit.
        (5) All positions in the Illinois National Guard and
    Illinois State Guard, paid from federal funds or positions
    in the State Military Service filled by enlistment and
    paid from State funds.
        (6) All employees of the Governor at the executive
    mansion and on his immediate personal staff.
        (7) Directors of Departments, the Adjutant General,
    the Assistant Adjutant General, the Director of the
    Illinois Emergency Management Agency, members of boards
    and commissions, and all other positions appointed by the
    Governor by and with the consent of the Senate.
        (8) The presidents, other principal administrative
    officers, and teaching, research and extension faculties
    of Chicago State University, Eastern Illinois University,
    Governors State University, Illinois State University,
    Northeastern Illinois University, Northern Illinois
    University, Western Illinois University, the Illinois
    Community College Board, Southern Illinois University,
    Illinois Board of Higher Education, University of
    Illinois, State Universities Civil Service System,
    University Retirement System of Illinois, and the
    administrative officers and scientific and technical staff
    of the Illinois State Museum.
        (9) All other employees except the presidents, other
    principal administrative officers, and teaching, research
    and extension faculties of the universities under the
    jurisdiction of the Board of Regents and the colleges and
    universities under the jurisdiction of the Board of
    Governors of State Colleges and Universities, Illinois
    Community College Board, Southern Illinois University,
    Illinois Board of Higher Education, Board of Governors of
    State Colleges and Universities, the Board of Regents,
    University of Illinois, State Universities Civil Service
    System, University Retirement System of Illinois, so long
    as these are subject to the provisions of the State
    Universities Civil Service Act.
        (10) The Illinois State Police so long as they are
    subject to the merit provisions of the Illinois State
    Police Act. Employees of the Illinois State Police Merit
    Board are subject to the provisions of this Code.
        (11) (Blank).
        (12) The technical and engineering staffs of the
    Department of Transportation, the Department of Nuclear
    Safety, the Pollution Control Board, and the Illinois
    Commerce Commission, and the technical and engineering
    staff providing architectural and engineering services in
    the Department of Central Management Services.
        (13) All employees of the Illinois State Toll Highway
    Authority.
        (14) The Secretary of the Illinois Workers'
    Compensation Commission.
        (15) All persons who are appointed or employed by the
    Director of Insurance under authority of Section 202 of
    the Illinois Insurance Code to assist the Director of
    Insurance in discharging his responsibilities relating to
    the rehabilitation, liquidation, conservation, and
    dissolution of companies that are subject to the
    jurisdiction of the Illinois Insurance Code.
        (16) All employees of the St. Louis Metropolitan Area
    Airport Authority.
        (17) All investment officers employed by the Illinois
    State Board of Investment.
        (18) Employees of the Illinois Young Adult
    Conservation Corps program, administered by the Illinois
    Department of Natural Resources, authorized grantee under
    Title VIII of the Comprehensive Employment and Training
    Act of 1973, 29 U.S.C. USC 993.
        (19) Seasonal employees of the Department of
    Agriculture for the operation of the Illinois State Fair
    and the DuQuoin State Fair, no one person receiving more
    than 29 days of such employment in any calendar year.
        (20) All "temporary" employees hired under the
    Department of Natural Resources' Illinois Conservation
    Service, a youth employment program that hires young
    people to work in State parks for a period of one year or
    less.
        (21) All hearing officers of the Human Rights
    Commission.
        (22) All employees of the Illinois Mathematics and
    Science Academy.
        (23) All employees of the Kankakee River Valley Area
    Airport Authority.
        (24) The commissioners and employees of the Executive
    Ethics Commission.
        (25) The Executive Inspectors General, including
    special Executive Inspectors General, and employees of
    each Office of an Executive Inspector General.
        (26) The commissioners and employees of the
    Legislative Ethics Commission.
        (27) The Legislative Inspector General, including
    special Legislative Inspectors General, and employees of
    the Office of the Legislative Inspector General.
        (28) The Auditor General's Inspector General and
    employees of the Office of the Auditor General's Inspector
    General.
        (29) All employees of the Illinois Power Agency.
        (30) Employees having demonstrable, defined advanced
    skills in accounting, financial reporting, or technical
    expertise who are employed within executive branch
    agencies and whose duties are directly related to the
    submission to the Office of the Comptroller of financial
    information for the publication of the Comprehensive
    Annual Financial Report.
        (31) All employees of the Illinois Sentencing Policy
    Advisory Council.
(Source: P.A. 101-652, eff. 1-1-22; 102-291, eff. 8-6-21;
102-538, eff. 8-20-21; revised 10-5-21.)
 
    (20 ILCS 415/8b.1)  (from Ch. 127, par. 63b108b.1)
    Sec. 8b.1. For open competitive examinations to test the
relative fitness of applicants for the respective positions.
Tests shall be designed to eliminate those who are not
qualified for entrance into or promotion within the service,
and to discover the relative fitness of those who are
qualified. The Director may use any one of or any combination
of the following examination methods which in his judgment
best serves this end: investigation of education;
investigation of experience; test of cultural knowledge; test
of capacity; test of knowledge; test of manual skill; test of
linguistic ability; test of character; test of physical
fitness; test of psychological fitness. No person with a
record of misdemeanor convictions except those under Sections
11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3,
32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section
11-14.3, and paragraphs (1), (6), and (8) of subsection (a)
sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code of
1961 or the Criminal Code of 2012, or arrested for any cause
but not convicted thereon shall be disqualified from taking
such examinations or subsequent appointment, unless the person
is attempting to qualify for a position which would give him
the powers of a peace officer, in which case the person's
conviction or arrest record may be considered as a factor in
determining the person's fitness for the position. The
eligibility conditions specified for the position of Assistant
Director of Healthcare and Family Services in the Department
of Healthcare and Family Services in Section 5-230 of the
Departments of State Government Law of the Civil
Administrative Code of Illinois (20 ILCS 5/5-230) shall be
applied to that position in addition to other standards, tests
or criteria established by the Director. All examinations
shall be announced publicly at least 2 weeks in advance of the
date of the examinations and may be advertised through the
press, radio and other media. The Director may, however, in
his discretion, continue to receive applications and examine
candidates long enough to assure a sufficient number of
eligibles to meet the needs of the service and may add the
names of successful candidates to existing eligible lists in
accordance with their respective ratings.
    The Director may, in his discretion, accept the results of
competitive examinations conducted by any merit system
established by federal law or by the law of any state State,
and may compile eligible lists therefrom or may add the names
of successful candidates in examinations conducted by those
merit systems to existing eligible lists in accordance with
their respective ratings. No person who is a non-resident of
the State of Illinois may be appointed from those eligible
lists, however, unless the requirement that applicants be
residents of the State of Illinois is waived by the Director of
Central Management Services and unless there are less than 3
Illinois residents available for appointment from the
appropriate eligible list. The results of the examinations
conducted by other merit systems may not be used unless they
are comparable in difficulty and comprehensiveness to
examinations conducted by the Department of Central Management
Services for similar positions. Special linguistic options may
also be established where deemed appropriate.
    When an agency requests an open competitive eligible list
from the Department, the Director shall also provide to the
agency a Successful Disability Opportunities Program eligible
candidate list.
(Source: P.A. 101-192, eff. 1-1-20; revised 12-2-21.)
 
    Section 115. The Children and Family Services Act is
amended by changing Section 7.3a as follows:
 
    (20 ILCS 505/7.3a)
    Sec. 7.3a. Normalcy parenting for children in foster care;
participation in childhood activities.
    (a) Legislative findings.
        (1) Every day parents make important decisions about
    their child's participation in extracurricular activities.
    Caregivers for children in out-of-home care are faced with
    making the same decisions.
        (2) When a caregiver makes decisions, he or she must
    consider applicable laws, rules, and regulations to
    safeguard the health, safety, and best interests of a
    child in out-of-home care.
        (3) Participation in extracurricular activities is
    important to a child's well-being, not only emotionally,
    but also in developing valuable life skills.
        (4) The General Assembly recognizes the importance of
    making every effort to normalize the lives of children in
    out-of-home care and to empower a caregiver to approve or
    not approve a child's participation in appropriate
    extracurricular activities based on the caregiver's own
    assessment using the reasonable and prudent parent
    standard, without prior approval of the Department, the
    caseworker, or the court.
        (5) Nothing in this Section shall be presumed to
    discourage or diminish the engagement of families and
    guardians in the child's life activities.
    (b) Definitions. As used in this Section:
    "Appropriate activities" means activities or items that
are generally accepted as suitable for children of the same
chronological age or developmental level of maturity.
Appropriateness is based on the development of cognitive,
emotional, physical, and behavioral capacity that is typical
for an age or age group, taking into account the individual
child's cognitive, emotional, physical, and behavioral
development.
    "Caregiver" means a person with whom the child is placed
in out-of-home care or a designated official for child care
facilities licensed by the Department as defined in the Child
Care Act of 1969.
    "Reasonable and prudent parent standard" means the
standard characterized by careful and sensible parental
decisions that maintain the child's health, safety, and best
interests while at the same time supporting the child's
emotional and developmental growth that a caregiver shall use
when determining whether to allow a child in out-of-home care
to participate in extracurricular, enrichment, cultural, and
social activities.
    (c) Requirements for decision-making.
        (1) Each child who comes into the care and custody of
    the Department is fully entitled to participate in
    appropriate extracurricular, enrichment, cultural, and
    social activities in a manner that allows that child to
    participate in his or her community to the fullest extent
    possible.
        (2) Caregivers must use the reasonable and prudent
    parent standard in determining whether to give permission
    for a child in out-of-home care to participate in
    appropriate extracurricular, enrichment, cultural, and
    social activities. Caregivers are expected to promote and
    support a child's participation in such activities. When
    using the reasonable and prudent parent standard, the
    caregiver shall consider:
            (A) the child's age, maturity, and developmental
        level to promote the overall health, safety, and best
        interests of the child;
            (B) the best interest of the child based on
        information known by the caregiver;
            (C) the importance and fundamental value of
        encouraging the child's emotional and developmental
        growth gained through participation in activities in
        his or her community;
            (D) the importance and fundamental value of
        providing the child with the most family-like living
        experience possible; and
            (E) the behavioral history of the child and the
        child's ability to safely participate in the proposed
        activity.
        (3) A caregiver is not liable for harm caused to a
    child in out-of-home care who participates in an activity
    approved by the caregiver, provided that the caregiver has
    acted as a reasonable and prudent parent in permitting the
    child to engage in the activity.
    (c-5) No youth in care shall be required to store his or
her belongings in plastic bags or in similar forms of
disposable containers, including, but not limited to, trash
bags, paper or plastic shopping bags, or pillow cases when
relocating from one placement type to another placement type
or when discharged from the custody or guardianship of the
Department. The Department shall ensure that each youth in
care has appropriate baggage and other items to store his or
her belongings when moving through the State's child welfare
system. As used in this subsection, "purchase of service
agency" means any entity that contracts with the Department to
provide services that are consistent with the purposes of this
Act.
    (d) Rulemaking. The Department shall adopt, by rule,
procedures no later than June 1, 2017 that promote and protect
the ability of children to participate in appropriate
extracurricular, enrichment, cultural, and social activities.
    (e) The Department shall ensure that every youth in care
who is entering his or her final year of high school has
completed a Free Application for Federal Student Aid form, if
applicable, or an application for State financial aid on or
after October 1, but no later than November 1, of the youth's
final year of high school.
(Source: P.A. 102-70, eff. 1-1-22; 102-545, eff. 1-1-22;
revised 10-5-21.)
 
    Section 120. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois
is amended by setting forth and renumbering multiple versions
of Section 605-1055 and by changing Section 605-1057 as
follows:
 
    (20 ILCS 605/605-1055)
    Sec. 605-1055. Illinois SBIR/STTR Matching Funds Program.
    (a) There is established the Illinois Small Business
Innovation Research (SBIR) and Small Business Technology
Transfer (STTR) Matching Funds Program to be administered by
the Department. In order to foster job creation and economic
development in the State, the Department may make grants to
eligible businesses to match funds received by the business as
an SBIR or STTR Phase I award and to encourage businesses to
apply for Phase II awards.
    (b) In order to be eligible for a grant under this Section,
a business must satisfy all of the following conditions:
        (1) The business must be a for-profit, Illinois-based
    business. For the purposes of this Section, an
    Illinois-based business is one that has its principal
    place of business in this State;
        (2) The business must have received an SBIR/STTR Phase
    I award from a participating federal agency in response to
    a specific federal solicitation. To receive the full
    match, the business must also have submitted a final Phase
    I report, demonstrated that the sponsoring agency has
    interest in the Phase II proposal, and submitted a Phase
    II proposal to the agency.
        (3) The business must satisfy all federal SBIR/STTR
    requirements.
        (4) The business shall not receive concurrent funding
    support from other sources that duplicates the purpose of
    this Section.
        (5) The business must certify that at least 51% of the
    research described in the federal SBIR/STTR Phase II
    proposal will be conducted in this State and that the
    business will remain an Illinois-based business for the
    duration of the SBIR/STTR Phase II project.
        (6) The business must demonstrate its ability to
    conduct research in its SBIR/STTR Phase II proposal.
    (c) The Department may award grants to match the funds
received by a business through an SBIR/STTR Phase I proposal
up to a maximum of $50,000. Seventy-five percent of the total
grant shall be remitted to the business upon receipt of the
SBIR/STTR Phase I award and application for funds under this
Section. Twenty-five percent of the total grant shall be
remitted to the business upon submission by the business of
the Phase II application to the funding agency and acceptance
of the Phase I report by the funding agency. A business may
receive only one grant under this Section per year. A business
may receive only one grant under this Section with respect to
each federal proposal submission. Over its lifetime, a
business may receive a maximum of 5 awards under this Section.
    (d) A business shall apply, under oath, to the Department
for a grant under this Section on a form prescribed by the
Department that includes at least all of the following:
        (1) the name of the business, the form of business
    organization under which it is operated, and the names and
    addresses of the principals or management of the business;
        (2) an acknowledgment of receipt of the Phase I report
    and Phase II proposal by the relevant federal agency; and
        (3) any other information necessary for the Department
    to evaluate the application.
(Source: P.A. 101-657, eff. 3-23-21.)
 
    (20 ILCS 605/605-1057)
    (Section scheduled to be repealed on July 1, 2031)
    Sec. 605-1057. State-designated cultural districts.
    (a) As used in this Section, "State-designated cultural
district" means a geographical area certified under this
Section that has a distinct, historic, and cultural identity.
Municipalities or 501(c)(3) organizations working on behalf of
a certified geographical area should seek to:
        (1) Promote a distinct historic and cultural
    community.
        (2) Encourage economic development and support
    supports entrepreneurship in the geographic area and
    community.
        (3) Encourage the preservation and development of
    historic and culturally significant structures,
    traditions, and languages.
        (4) Foster local cultural development and education.
        (5) Provide a focal point for celebrating and
    strengthening the unique cultural identity of the
    community.
        (6) Promote growth and opportunity without generating
    displacement or expanding inequality.
    (b) Administrative authority. The Department of Commerce
and Economic Opportunity shall establish criteria and
guidelines for State-designated cultural districts by rule in
accordance with qualifying criteria outlined in subsection
(c). In executing its powers and duties under this Section,
the Department shall:
        (1) establish a competitive application system by
    which a community may apply for certification as a
    State-designated cultural district;
        (2) provide technical assistance for State-designated
    cultural districts by collaborating with all relevant
    offices and grantees of the Department to help them
    identify and achieve their goals for cultural
    preservation, including, but not limited to, promotional
    support of State-designated cultural districts and support
    for small businesses looking to access resources;
        (3) collaborate with other State agencies, units of
    local government, community organizations, and private
    entities to maximize the benefits of State-designated
    cultural districts; and
        (4) establish an advisory committee to advise the
    Department on program rules and the certification process.
    The advisory committee shall reflect the diversity of the
    State of Illinois, including geographic, racial, and
    ethnic diversity. The advisory committee must include:
            (A) a representative of the Department of Commerce
        and Economic Opportunity appointed by the Director;
            (B) a representative of the Department of
        Agriculture appointed by the Director of Agriculture;
            (C) a representative of the Illinois Housing
        Development Authority appointed by the Executive
        Director of the Illinois Housing Development
        Authority;
            (D) two members of the House of Representatives
        appointed one each by the Speaker of the House of
        Representatives and the Minority Leader of the House
        of Representatives;
            (E) two members of the Senate appointed one each
        by the President of the Senate and the Minority Leader
        of the Senate; and
            (F) four community representatives appointed by
        the Governor representing diverse racial, ethnic, and
        geographic groups not captured in the membership of
        the other designees, with the input of community and
        stakeholder groups.
    (c) Certification. A geographical area within the State
may be certified as a State-designated cultural district by
applying to the Department for certification. Certification as
a State-designated cultural district shall be for a period of
10 years, after which the district may renew certification
every 5 years. A municipality or 501(c)(3) organization may
apply for certification on behalf of a geographic area. The
applying entity is responsible for complying with reporting
requirements under subsection (f). The Department shall
develop criteria to assess whether an applicant qualifies for
certification under this Section. That criteria must include a
demonstration that the applicant and the community:
        (1) have been historically impacted and are currently
    at risk of losing their cultural identity because of
    gentrification, displacement, or the COVID-19 pandemic;
        (2) can demonstrate a history of economic
    disinvestment; and
        (3) can demonstrate strong community support for the
    cultural district designation through active and formal
    participation by community organizations and municipal and
    regional government agencies or officials.
    (d) Each applicant shall be encouraged by the Department
to:
        (1) have development plans that include and prioritize
    the preservation of local businesses and retention of
    existing residents and businesses; and
        (2) have an education framework in place informed with
    a vision of food justice, social justice, community
    sustainability, and social equity.
    (e) The Department shall award no more than 5
State-designated cultural districts every year. At no point
shall the total amount of State-designated cultural districts
be more than 15, unless otherwise directed by the Director of
the Department of Commerce and Economic Opportunity in
consultation with the advisory committee.
    (f) Within 12 months after being designated a cultural
district, the State-designated cultural district shall submit
a report to the Department detailing its current programs and
goals for the next 4 years of its designation. For each year
thereafter that the district remains a State-designated
cultural district, it shall submit a report to the Department
on the status of the program and future developments of the
district. Any State-designated cultural district that fails to
file a report for 2 consecutive years shall lose its status.
    (g) This Section is repealed on July 1, 2031.
(Source: P.A. 102-628, eff. 1-1-22; revised 12-6-21.)
 
    (20 ILCS 605/605-1080)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 605-1080 605-1055. Personal care products industry
supplier disparity study.
    (a) The Department shall compile and publish a disparity
study by December 31, 2022 that: (1) evaluates whether there
exists intentional discrimination at the supplier or
distribution level for retailers of beauty products,
cosmetics, hair care supplies, and personal care products in
the State of Illinois; and (2) if so, evaluates the impact of
such discrimination on the State and includes recommendations
for reducing or eliminating any barriers to entry to those
wishing to establish businesses at the retail level involving
such products. The Department shall forward a copy of its
findings and recommendations to the General Assembly and
Governor.
    (b) The Department may compile, collect, or otherwise
gather data necessary for the administration of this Section
and to carry out the Department's duty relating to the
recommendation of policy changes. The Department shall compile
all of the data into a single report, submit the report to the
Governor and the General Assembly, and publish the report on
its website.
    (c) This Section is repealed on January 1, 2024.
(Source: P.A. 101-658, eff. 3-23-21; revised 11-2-21.)
 
    (20 ILCS 605/605-1085)
    Sec. 605-1085 605-1055. The Illinois Small Business Fund.
The Illinois Small Business Fund is created as a
nonappropriated separate and apart trust fund in the State
Treasury. The Department shall use moneys in the Fund to
manage proceeds that result from investments that the
Department has undertaken through economic development
programs, including, but not limited to, the Department's
Venture Capital Investment Program. The Department may use
moneys collected to reinvest in small business and economic
development initiatives through grants or loans. The Fund may
receive any grants or other moneys designated for small
business growth from the State, or any unit of federal or local
government, or any other person, firm, partnership, or
corporation. Any interest earnings that are attributable to
moneys in the Fund must be deposited into the Fund.
(Source: P.A. 102-330, eff. 1-1-22; revised 11-2-21.)
 
    (20 ILCS 605/605-1090)
    Sec. 605-1090 605-1055. Illinois Innovation Voucher
Program.
    (a) The Department is authorized to establish the Illinois
Innovation Voucher Program to be administered in accordance
with this Section for the purpose of fostering research and
development in key industry clusters leading to the creation
of new products and services that can be marketed by Illinois
businesses. Subject to appropriation, the Department may award
innovation vouchers to eligible businesses to offset a portion
of expenses incurred through a collaborative research
engagement with an Illinois institution of higher education.
    (b) Subject to appropriation, the Department may award
matching funds in the form of innovation vouchers up to 75% of
the cost of the research engagement not to exceed $75,000. A
business may receive only one innovation voucher under this
Section per year.
    (c) The Department, when administering the Program under
this Section:
        (1) must encourage participation among small and
    mid-sized businesses;
        (2) must encourage participation in the Program in
    diverse geographic and economic areas, including urban,
    suburban, and rural areas of the State; and
        (3) must encourage participation in the Program from
    businesses that operate in key industries, as defined by
    the Department. These industries include, but are not
    limited to, the following: (i) agribusiness and agtech;
    (ii) energy; (iii) information technology; (iv) life
    sciences and healthcare; (v) manufacturing; and (vi)
    transportation and logistics.
    (d) In order to be eligible for an innovation voucher
under this Section, a business must satisfy all of the
following conditions:
        (1) the business must be an Illinois-based business.
    For the purposes of this Section, "Illinois-based
    business" means a business that has its principal place of
    business in this State or that employs at least 100
    full-time employees, as defined under Section 5-5 of the
    Economic Development for a Growing Economy Tax Credit Act,
    in this State;
        (2) the business must remain in this State for the
    duration of research engagement; and
        (3) the partnering institution of higher education
    must be an Illinois-based institution of higher education
    and non-profit. For the purposes of this Section,
    "Illinois-based institution of higher education" means an
    institution of higher education that has its main physical
    campus in this State.
    (e) The Department may adopt any rules necessary to
administer the provisions of this Section.
(Source: P.A. 102-648, eff. 8-27-21; revised 11-2-21.)
 
    Section 125. The Illinois Enterprise Zone Act is amended
by changing Section 5.5 as follows:
 
    (20 ILCS 655/5.5)   (from Ch. 67 1/2, par. 609.1)
    Sec. 5.5. High Impact Business.
    (a) In order to respond to unique opportunities to assist
in the encouragement, development, growth, and expansion of
the private sector through large scale investment and
development projects, the Department is authorized to receive
and approve applications for the designation of "High Impact
Businesses" in Illinois subject to the following conditions:
        (1) such applications may be submitted at any time
    during the year;
        (2) such business is not located, at the time of
    designation, in an enterprise zone designated pursuant to
    this Act;
        (3) the business intends to do one or more of the
    following:
            (A) the business intends to make a minimum
        investment of $12,000,000 which will be placed in
        service in qualified property and intends to create
        500 full-time equivalent jobs at a designated location
        in Illinois or intends to make a minimum investment of
        $30,000,000 which will be placed in service in
        qualified property and intends to retain 1,500
        full-time retained jobs at a designated location in
        Illinois. The business must certify in writing that
        the investments would not be placed in service in
        qualified property and the job creation or job
        retention would not occur without the tax credits and
        exemptions set forth in subsection (b) of this
        Section. The terms "placed in service" and "qualified
        property" have the same meanings as described in
        subsection (h) of Section 201 of the Illinois Income
        Tax Act; or
            (B) the business intends to establish a new
        electric generating facility at a designated location
        in Illinois. "New electric generating facility", for
        purposes of this Section, means a newly constructed
        newly-constructed electric generation plant or a newly
        constructed newly-constructed generation capacity
        expansion at an existing electric generation plant,
        including the transmission lines and associated
        equipment that transfers electricity from points of
        supply to points of delivery, and for which such new
        foundation construction commenced not sooner than July
        1, 2001. Such facility shall be designed to provide
        baseload electric generation and shall operate on a
        continuous basis throughout the year; and (i) shall
        have an aggregate rated generating capacity of at
        least 1,000 megawatts for all new units at one site if
        it uses natural gas as its primary fuel and foundation
        construction of the facility is commenced on or before
        December 31, 2004, or shall have an aggregate rated
        generating capacity of at least 400 megawatts for all
        new units at one site if it uses coal or gases derived
        from coal as its primary fuel and shall support the
        creation of at least 150 new Illinois coal mining
        jobs, or (ii) shall be funded through a federal
        Department of Energy grant before December 31, 2010
        and shall support the creation of Illinois coal-mining
        jobs, or (iii) shall use coal gasification or
        integrated gasification-combined cycle units that
        generate electricity or chemicals, or both, and shall
        support the creation of Illinois coal-mining jobs. The
        business must certify in writing that the investments
        necessary to establish a new electric generating
        facility would not be placed in service and the job
        creation in the case of a coal-fueled plant would not
        occur without the tax credits and exemptions set forth
        in subsection (b-5) of this Section. The term "placed
        in service" has the same meaning as described in
        subsection (h) of Section 201 of the Illinois Income
        Tax Act; or
            (B-5) the business intends to establish a new
        gasification facility at a designated location in
        Illinois. As used in this Section, "new gasification
        facility" means a newly constructed coal gasification
        facility that generates chemical feedstocks or
        transportation fuels derived from coal (which may
        include, but are not limited to, methane, methanol,
        and nitrogen fertilizer), that supports the creation
        or retention of Illinois coal-mining jobs, and that
        qualifies for financial assistance from the Department
        before December 31, 2010. A new gasification facility
        does not include a pilot project located within
        Jefferson County or within a county adjacent to
        Jefferson County for synthetic natural gas from coal;
        or
            (C) the business intends to establish production
        operations at a new coal mine, re-establish production
        operations at a closed coal mine, or expand production
        at an existing coal mine at a designated location in
        Illinois not sooner than July 1, 2001; provided that
        the production operations result in the creation of
        150 new Illinois coal mining jobs as described in
        subdivision (a)(3)(B) of this Section, and further
        provided that the coal extracted from such mine is
        utilized as the predominant source for a new electric
        generating facility. The business must certify in
        writing that the investments necessary to establish a
        new, expanded, or reopened coal mine would not be
        placed in service and the job creation would not occur
        without the tax credits and exemptions set forth in
        subsection (b-5) of this Section. The term "placed in
        service" has the same meaning as described in
        subsection (h) of Section 201 of the Illinois Income
        Tax Act; or
            (D) the business intends to construct new
        transmission facilities or upgrade existing
        transmission facilities at designated locations in
        Illinois, for which construction commenced not sooner
        than July 1, 2001. For the purposes of this Section,
        "transmission facilities" means transmission lines
        with a voltage rating of 115 kilovolts or above,
        including associated equipment, that transfer
        electricity from points of supply to points of
        delivery and that transmit a majority of the
        electricity generated by a new electric generating
        facility designated as a High Impact Business in
        accordance with this Section. The business must
        certify in writing that the investments necessary to
        construct new transmission facilities or upgrade
        existing transmission facilities would not be placed
        in service without the tax credits and exemptions set
        forth in subsection (b-5) of this Section. The term
        "placed in service" has the same meaning as described
        in subsection (h) of Section 201 of the Illinois
        Income Tax Act; or
            (E) the business intends to establish a new wind
        power facility at a designated location in Illinois.
        For purposes of this Section, "new wind power
        facility" means a newly constructed electric
        generation facility, a newly constructed expansion of
        an existing electric generation facility, or the
        replacement of an existing electric generation
        facility, including the demolition and removal of an
        electric generation facility irrespective of whether
        it will be replaced, placed in service or replaced on
        or after July 1, 2009, that generates electricity
        using wind energy devices, and such facility shall be
        deemed to include any permanent structures associated
        with the electric generation facility and all
        associated transmission lines, substations, and other
        equipment related to the generation of electricity
        from wind energy devices. For purposes of this
        Section, "wind energy device" means any device, with a
        nameplate capacity of at least 0.5 megawatts, that is
        used in the process of converting kinetic energy from
        the wind to generate electricity; or
            (E-5) the business intends to establish a new
        utility-scale solar facility at a designated location
        in Illinois. For purposes of this Section, "new
        utility-scale solar power facility" means a newly
        constructed electric generation facility, or a newly
        constructed expansion of an existing electric
        generation facility, placed in service on or after
        July 1, 2021, that (i) generates electricity using
        photovoltaic cells and (ii) has a nameplate capacity
        that is greater than 5,000 kilowatts, and such
        facility shall be deemed to include all associated
        transmission lines, substations, energy storage
        facilities, and other equipment related to the
        generation and storage of electricity from
        photovoltaic cells; or
            (F) the business commits to (i) make a minimum
        investment of $500,000,000, which will be placed in
        service in a qualified property, (ii) create 125
        full-time equivalent jobs at a designated location in
        Illinois, (iii) establish a fertilizer plant at a
        designated location in Illinois that complies with the
        set-back standards as described in Table 1: Initial
        Isolation and Protective Action Distances in the 2012
        Emergency Response Guidebook published by the United
        States Department of Transportation, (iv) pay a
        prevailing wage for employees at that location who are
        engaged in construction activities, and (v) secure an
        appropriate level of general liability insurance to
        protect against catastrophic failure of the fertilizer
        plant or any of its constituent systems; in addition,
        the business must agree to enter into a construction
        project labor agreement including provisions
        establishing wages, benefits, and other compensation
        for employees performing work under the project labor
        agreement at that location; for the purposes of this
        Section, "fertilizer plant" means a newly constructed
        or upgraded plant utilizing gas used in the production
        of anhydrous ammonia and downstream nitrogen
        fertilizer products for resale; for the purposes of
        this Section, "prevailing wage" means the hourly cash
        wages plus fringe benefits for training and
        apprenticeship programs approved by the U.S.
        Department of Labor, Bureau of Apprenticeship and
        Training, health and welfare, insurance, vacations and
        pensions paid generally, in the locality in which the
        work is being performed, to employees engaged in work
        of a similar character on public works; this paragraph
        (F) applies only to businesses that submit an
        application to the Department within 60 days after
        July 25, 2013 (the effective date of Public Act
        98-109); and
        (4) no later than 90 days after an application is
    submitted, the Department shall notify the applicant of
    the Department's determination of the qualification of the
    proposed High Impact Business under this Section.
    (b) Businesses designated as High Impact Businesses
pursuant to subdivision (a)(3)(A) of this Section shall
qualify for the credits and exemptions described in the
following Acts: Section 9-222 and Section 9-222.1A of the
Public Utilities Act, subsection (h) of Section 201 of the
Illinois Income Tax Act, and Section 1d of the Retailers'
Occupation Tax Act; provided that these credits and exemptions
described in these Acts shall not be authorized until the
minimum investments set forth in subdivision (a)(3)(A) of this
Section have been placed in service in qualified properties
and, in the case of the exemptions described in the Public
Utilities Act and Section 1d of the Retailers' Occupation Tax
Act, the minimum full-time equivalent jobs or full-time
retained jobs set forth in subdivision (a)(3)(A) of this
Section have been created or retained. Businesses designated
as High Impact Businesses under this Section shall also
qualify for the exemption described in Section 5l of the
Retailers' Occupation Tax Act. The credit provided in
subsection (h) of Section 201 of the Illinois Income Tax Act
shall be applicable to investments in qualified property as
set forth in subdivision (a)(3)(A) of this Section.
    (b-5) Businesses designated as High Impact Businesses
pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C),
and (a)(3)(D) of this Section shall qualify for the credits
and exemptions described in the following Acts: Section 51 of
the Retailers' Occupation Tax Act, Section 9-222 and Section
9-222.1A of the Public Utilities Act, and subsection (h) of
Section 201 of the Illinois Income Tax Act; however, the
credits and exemptions authorized under Section 9-222 and
Section 9-222.1A of the Public Utilities Act, and subsection
(h) of Section 201 of the Illinois Income Tax Act shall not be
authorized until the new electric generating facility, the new
gasification facility, the new transmission facility, or the
new, expanded, or reopened coal mine is operational, except
that a new electric generating facility whose primary fuel
source is natural gas is eligible only for the exemption under
Section 5l of the Retailers' Occupation Tax Act.
    (b-6) Businesses designated as High Impact Businesses
pursuant to subdivision (a)(3)(E) or (a)(3)(E-5) of this
Section shall qualify for the exemptions described in Section
5l of the Retailers' Occupation Tax Act; any business so
designated as a High Impact Business being, for purposes of
this Section, a "Wind Energy Business".
    (b-7) Beginning on January 1, 2021, businesses designated
as High Impact Businesses by the Department shall qualify for
the High Impact Business construction jobs credit under
subsection (h-5) of Section 201 of the Illinois Income Tax Act
if the business meets the criteria set forth in subsection (i)
of this Section. The total aggregate amount of credits awarded
under the Blue Collar Jobs Act (Article 20 of Public Act 101-9)
shall not exceed $20,000,000 in any State fiscal year.
    (c) High Impact Businesses located in federally designated
foreign trade zones or sub-zones are also eligible for
additional credits, exemptions and deductions as described in
the following Acts: Section 9-221 and Section 9-222.1 of the
Public Utilities Act; and subsection (g) of Section 201, and
Section 203 of the Illinois Income Tax Act.
    (d) Except for businesses contemplated under subdivision
(a)(3)(E) or (a)(3)(E-5) of this Section, existing Illinois
businesses which apply for designation as a High Impact
Business must provide the Department with the prospective plan
for which 1,500 full-time retained jobs would be eliminated in
the event that the business is not designated.
    (e) Except for new wind power facilities contemplated
under subdivision (a)(3)(E) of this Section, new proposed
facilities which apply for designation as High Impact Business
must provide the Department with proof of alternative
non-Illinois sites which would receive the proposed investment
and job creation in the event that the business is not
designated as a High Impact Business.
    (f) Except for businesses contemplated under subdivision
(a)(3)(E) of this Section, in the event that a business is
designated a High Impact Business and it is later determined
after reasonable notice and an opportunity for a hearing as
provided under the Illinois Administrative Procedure Act, that
the business would have placed in service in qualified
property the investments and created or retained the requisite
number of jobs without the benefits of the High Impact
Business designation, the Department shall be required to
immediately revoke the designation and notify the Director of
the Department of Revenue who shall begin proceedings to
recover all wrongfully exempted State taxes with interest. The
business shall also be ineligible for all State funded
Department programs for a period of 10 years.
    (g) The Department shall revoke a High Impact Business
designation if the participating business fails to comply with
the terms and conditions of the designation.
    (h) Prior to designating a business, the Department shall
provide the members of the General Assembly and Commission on
Government Forecasting and Accountability with a report
setting forth the terms and conditions of the designation and
guarantees that have been received by the Department in
relation to the proposed business being designated.
    (i) High Impact Business construction jobs credit.
Beginning on January 1, 2021, a High Impact Business may
receive a tax credit against the tax imposed under subsections
(a) and (b) of Section 201 of the Illinois Income Tax Act in an
amount equal to 50% of the amount of the incremental income tax
attributable to High Impact Business construction jobs credit
employees employed in the course of completing a High Impact
Business construction jobs project. However, the High Impact
Business construction jobs credit may equal 75% of the amount
of the incremental income tax attributable to High Impact
Business construction jobs credit employees if the High Impact
Business construction jobs credit project is located in an
underserved area.
    The Department shall certify to the Department of Revenue:
(1) the identity of taxpayers that are eligible for the High
Impact Business construction jobs credit; and (2) the amount
of High Impact Business construction jobs credits that are
claimed pursuant to subsection (h-5) of Section 201 of the
Illinois Income Tax Act in each taxable year. Any business
entity that receives a High Impact Business construction jobs
credit shall maintain a certified payroll pursuant to
subsection (j) of this Section.
    As used in this subsection (i):
    "High Impact Business construction jobs credit" means an
amount equal to 50% (or 75% if the High Impact Business
construction project is located in an underserved area) of the
incremental income tax attributable to High Impact Business
construction job employees. The total aggregate amount of
credits awarded under the Blue Collar Jobs Act (Article 20 of
Public Act 101-9) shall not exceed $20,000,000 in any State
fiscal year
    "High Impact Business construction job employee" means a
laborer or worker who is employed by an Illinois contractor or
subcontractor in the actual construction work on the site of a
High Impact Business construction job project.
    "High Impact Business construction jobs project" means
building a structure or building or making improvements of any
kind to real property, undertaken and commissioned by a
business that was designated as a High Impact Business by the
Department. The term "High Impact Business construction jobs
project" does not include the routine operation, routine
repair, or routine maintenance of existing structures,
buildings, or real property.
    "Incremental income tax" means the total amount withheld
during the taxable year from the compensation of High Impact
Business construction job employees.
    "Underserved area" means a geographic area that meets one
or more of the following conditions:
        (1) the area has a poverty rate of at least 20%
    according to the latest American Community Survey;
        (2) 35% or more of the families with children in the
    area are living below 130% of the poverty line, according
    to the latest American Community Survey;
        (3) at least 20% of the households in the area receive
    assistance under the Supplemental Nutrition Assistance
    Program (SNAP); or
        (4) the area has an average unemployment rate, as
    determined by the Illinois Department of Employment
    Security, that is more than 120% of the national
    unemployment average, as determined by the U.S. Department
    of Labor, for a period of at least 2 consecutive calendar
    years preceding the date of the application.
    (j) Each contractor and subcontractor who is engaged in
and executing a High Impact Business Construction jobs
project, as defined under subsection (i) of this Section, for
a business that is entitled to a credit pursuant to subsection
(i) of this Section shall:
        (1) make and keep, for a period of 5 years from the
    date of the last payment made on or after June 5, 2019 (the
    effective date of Public Act 101-9) on a contract or
    subcontract for a High Impact Business Construction Jobs
    Project, records for all laborers and other workers
    employed by the contractor or subcontractor on the
    project; the records shall include:
            (A) the worker's name;
            (B) the worker's address;
            (C) the worker's telephone number, if available;
            (D) the worker's social security number;
            (E) the worker's classification or
        classifications;
            (F) the worker's gross and net wages paid in each
        pay period;
            (G) the worker's number of hours worked each day;
            (H) the worker's starting and ending times of work
        each day;
            (I) the worker's hourly wage rate;
            (J) the worker's hourly overtime wage rate;
            (K) the worker's race and ethnicity; and
            (L) the worker's gender;
        (2) no later than the 15th day of each calendar month,
    provide a certified payroll for the immediately preceding
    month to the taxpayer in charge of the High Impact
    Business construction jobs project; within 5 business days
    after receiving the certified payroll, the taxpayer shall
    file the certified payroll with the Department of Labor
    and the Department of Commerce and Economic Opportunity; a
    certified payroll must be filed for only those calendar
    months during which construction on a High Impact Business
    construction jobs project has occurred; the certified
    payroll shall consist of a complete copy of the records
    identified in paragraph (1) of this subsection (j), but
    may exclude the starting and ending times of work each
    day; the certified payroll shall be accompanied by a
    statement signed by the contractor or subcontractor or an
    officer, employee, or agent of the contractor or
    subcontractor which avers that:
            (A) he or she has examined the certified payroll
        records required to be submitted by the Act and such
        records are true and accurate; and
            (B) the contractor or subcontractor is aware that
        filing a certified payroll that he or she knows to be
        false is a Class A misdemeanor.
    A general contractor is not prohibited from relying on a
certified payroll of a lower-tier subcontractor, provided the
general contractor does not knowingly rely upon a
subcontractor's false certification.
    Any contractor or subcontractor subject to this
subsection, and any officer, employee, or agent of such
contractor or subcontractor whose duty as an officer,
employee, or agent it is to file a certified payroll under this
subsection, who willfully fails to file such a certified
payroll on or before the date such certified payroll is
required by this paragraph to be filed and any person who
willfully files a false certified payroll that is false as to
any material fact is in violation of this Act and guilty of a
Class A misdemeanor.
    The taxpayer in charge of the project shall keep the
records submitted in accordance with this subsection on or
after June 5, 2019 (the effective date of Public Act 101-9) for
a period of 5 years from the date of the last payment for work
on a contract or subcontract for the High Impact Business
construction jobs project.
    The records submitted in accordance with this subsection
shall be considered public records, except an employee's
address, telephone number, and social security number, and
made available in accordance with the Freedom of Information
Act. The Department of Labor shall share the information with
the Department in order to comply with the awarding of a High
Impact Business construction jobs credit. A contractor,
subcontractor, or public body may retain records required
under this Section in paper or electronic format.
    (k) Upon 7 business days' notice, each contractor and
subcontractor shall make available for inspection and copying
at a location within this State during reasonable hours, the
records identified in this subsection (j) to the taxpayer in
charge of the High Impact Business construction jobs project,
its officers and agents, the Director of the Department of
Labor and his or her deputies and agents, and to federal,
State, or local law enforcement agencies and prosecutors.
(Source: P.A. 101-9, eff. 6-5-19; 102-108, eff. 1-1-22;
102-558, eff. 8-20-21; 102-605, eff. 8-27-21; 102-662, eff.
9-15-21; 102-673, eff. 11-30-21; revised 12-8-21.)
 
    Section 130. The Illinois Promotion Act is amended by
changing Section 8a as follows:
 
    (20 ILCS 665/8a)  (from Ch. 127, par. 200-28a)
    Sec. 8a. Tourism grants and loans.
    (1) The Department is authorized to make grants and loans,
subject to appropriations by the General Assembly for this
purpose from the Tourism Promotion Fund, to counties,
municipalities, other units of local government, local
promotion groups, not-for-profit organizations, or for-profit
businesses for the development or improvement of tourism
attractions in Illinois. Individual grants and loans shall not
exceed $1,000,000 and shall not exceed 50% of the entire
amount of the actual expenditures for the development or
improvement of a tourist attraction. Agreements for loans made
by the Department pursuant to this subsection may contain
provisions regarding term, interest rate, security as may be
required by the Department and any other provisions the
Department may require to protect the State's interest.
    (2) From appropriations to the Department from the State
CURE fund for this purpose, the Department shall establish
Tourism Attraction grants for purposes outlined in subsection
(1). Grants under this subsection shall not exceed $1,000,000
but may exceed 50% of the entire amount of the actual
expenditure for the development or improvement of a tourist
attraction, including, but not limited to, festivals.
Expenditures of such funds shall be in accordance with the
permitted purposes under Section 9901 of the American Rescue
Plan Act of 2021 and all related federal guidance.
(Source: P.A. 102-16, eff. 6-17-21; 102-287, eff. 8-6-21;
revised 9-28-21.)
 
    Section 135. The Financial Institutions Code is amended by
changing Section 6 as follows:
 
    (20 ILCS 1205/6)  (from Ch. 17, par. 106)
    Sec. 6. In addition to the duties imposed elsewhere in
this Act, the Department has the following powers:
    (1) To exercise the rights, powers and duties vested by
law in the Auditor of Public Accounts under "An Act to provide
for the incorporation, management and regulation of pawners'
societies and limiting the rate of compensation to be paid for
advances, storage and insurance on pawns and pledges and to
allow the loaning of money upon personal property", approved
March 29, 1899, as amended.
    (2) To exercise the rights, powers and duties vested by
law in the Auditor of Public Accounts under the Currency
Exchange Act "An Act in relation to the definition, licensing
and regulation of community currency exchanges and ambulatory
currency exchanges, and the operators and employees thereof,
and to make an appropriation therefor, and to provide
penalties and remedies for the violation thereof", approved
June 30, 1943, as amended.
    (3) To exercise the rights, powers, and duties vested by
law in the Auditor of Public Accounts under "An Act in relation
to the buying and selling of foreign exchange and the
transmission or transfer of money to foreign countries",
approved June 28, 1923, as amended.
    (4) To exercise the rights, powers, and duties vested by
law in the Auditor of Public Accounts under "An Act to provide
for and regulate the business of guaranteeing titles to real
estate by corporations", approved May 13, 1901, as amended.
    (5) To exercise the rights, powers and duties vested by
law in the Department of Insurance under "An Act to define,
license, and regulate the business of making loans of eight
hundred dollars or less, permitting an interest charge thereon
greater than otherwise allowed by law, authorizing and
regulating the assignment of wages or salary when taken as
security for any such loan or as consideration for a payment of
eight hundred dollars or less, providing penalties, and to
repeal Acts therein named", approved July 11, 1935, as
amended.
    (6) To administer and enforce the Safety Deposit License
Act "An Act to license and regulate the keeping and letting of
safety deposit boxes, safes, and vaults, and the opening
thereof, and to repeal a certain Act therein named", approved
June 13, 1945, as amended.
    (7) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Illinois State Police Law, the Illinois State Police is
authorized to furnish, pursuant to positive identification,
such information contained in State files as is necessary to
fulfill the request.
    (8) To administer the Payday Loan Reform Act, the Consumer
Installment Loan Act, the Predatory Loan Prevention Act, the
Motor Vehicle Retail Installment Sales Act, and the Retail
Installment Sales Act.
(Source: P.A. 101-658, eff. 3-23-21; 102-538, eff. 8-20-21;
revised 10-5-21.)
 
    Section 140. The Department of Innovation and Technology
Act is amended by changing Section 1-5 as follows:
 
    (20 ILCS 1370/1-5)
    Sec. 1-5. Definitions. In this Act:
    "Client agency" means each transferring agency, or its
successor, and any other public agency to which the Department
provides service to the extent specified in an interagency
agreement with the public agency.
    "Dedicated unit" means the dedicated bureau, division,
office, or other unit within a transferring agency that is
responsible for the information technology functions of the
transferring agency.
    "Department" means the Department of Innovation and
Technology.
    "Information technology" means technology,
infrastructure, equipment, systems, software, networks, and
processes used to create, send, receive, and store electronic
or digital information, including, without limitation,
computer systems and telecommunication services and systems.
"Information technology" shall be construed broadly to
incorporate future technologies (such as sensors and balanced
private hybrid or public cloud posture tailored to the mission
of the agency) that change or supplant those in effect as of
the effective date of this Act.
    "Information technology functions" means the development,
procurement, installation, retention, maintenance, operation,
possession, storage, and related functions of all information
technology.
    "Secretary" means the Secretary of Innovation and
Technology.
    "State agency" means each State agency, department, board,
and commission under the jurisdiction of the Governor.
    "Transferring agency" means the Department on Aging; the
Departments of Agriculture, Central Management Services,
Children and Family Services, Commerce and Economic
Opportunity, Corrections, Employment Security, Financial and
Professional Regulation, Healthcare and Family Services, Human
Rights, Human Services, Insurance, Juvenile Justice, Labor,
Lottery, Military Affairs, Natural Resources, Public Health,
Revenue, Transportation, and Veterans' Affairs; the Illinois
State Police; the Capital Development Board; the Deaf and Hard
of Hearing Commission; the Environmental Protection Agency;
the Governor's Office of Management and Budget; the
Guardianship and Advocacy Commission; the Abraham Lincoln
Presidential Library and Museum; the Illinois Arts Council;
the Illinois Council on Developmental Disabilities; the
Illinois Emergency Management Agency; the Illinois Gaming
Board; the Illinois Health Information Exchange Authority; the
Illinois Liquor Control Commission; the Office of the State
Fire Marshal; and the Prisoner Review Board.
(Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 9-28-21.)
 
    Section 145. The Department of Insurance Law of the Civil
Administrative Code of Illinois is amended by setting forth,
renumbering, and changing multiple versions of Section 1405-40
as follows:
 
    (20 ILCS 1405/1405-40)
    Sec. 1405-40. Transfer of functions.
    (a) On July 1, 2021 (the effective date of Public Act
102-37) this amendatory Act of the 102nd General Assembly, all
powers, duties, rights, and responsibilities of the Insurance
Compliance Division within the Illinois Workers' Compensation
Commission are transferred to the Department of Insurance. The
personnel of the Insurance Compliance Division are transferred
to the Department of Insurance. The status and rights of such
personnel under the Personnel Code are not affected by the
transfer. The rights of the employees and the State of
Illinois and its agencies under the Personnel Code and
applicable collective bargaining agreements or under any
pension, retirement, or annuity plan are not affected by
Public Act 102-37 this amendatory Act of the 102nd General
Assembly. 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 Public Act 102-37 this
amendatory Act of the 102nd General Assembly from the
Insurance Compliance Division to the Department of Insurance,
including, but not limited to, material in electronic or
magnetic format and necessary computer 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 this
amendatory Act of the 102nd General Assembly are vested in the
Department of Insurance.
    (b) Whenever reports or notices are required to be made or
given or papers or documents furnished or served by any person
to or upon the Insurance Compliance Division in connection
with any of the powers, duties, rights, and responsibilities
transferred by Public Act 102-37 this amendatory Act of the
102nd General Assembly, the Department of Insurance shall
make, give, furnish, or serve them.
    (c) Public Act 102-37 This amendatory Act of the 102nd
General Assembly does not affect any act done, ratified, or
canceled, any right occurring or established, or any action or
proceeding had or commenced in an administrative, civil, or
criminal cause by the Insurance Compliance Division before
July 1, 2021 (the effective date of Public Act 102-37) this
amendatory Act of the 102nd General Assembly. Such actions or
proceedings may be prosecuted and continued by the Department
of Insurance.
    (d) Any rules that relate to its powers, duties, rights,
and responsibilities of the Insurance Compliance Division and
are in force on July 1, 2021 (the effective date of Public Act
102-37) this amendatory Act of the 102nd General Assembly
become the rules of the Department of Insurance. Public Act
102-37 This amendatory Act of the 102nd General Assembly does
not affect the legality of any such rules.
    (e) Any proposed rules filed with the Secretary of State
by the Illinois Workers' Compensation Commission that are
pending in the rulemaking process on July 1, 2021 (the
effective date of Public Act 102-37) this amendatory Act of
the 102nd General Assembly 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 and
clarify the rules transferred to it under Public Act 102-37
this amendatory Act of the 102nd General Assembly to reflect
the reorganization of powers, duties, rights, and
responsibilities affected by Public Act 102-37 this amendatory
Act of the 102nd General Assembly, using the procedures for
recodification of rules available under the Illinois
Administrative Procedure Act, except that existing title,
part, and section numbering for the affected rules may be
retained. The Department of Insurance may propose and adopt
under the Illinois Administrative Procedure Act other rules of
the Illinois Workers' Compensation Commission pertaining to
Public Act 102-37 this amendatory Act of the 102nd General
Assembly that are administered by the Department of Insurance.
(Source: P.A. 102-37, eff. 7-1-21; revised 11-3-21.)
 
    (20 ILCS 1405/1405-45)
    Sec. 1405-45 1405-40. Transfer of the Illinois
Comprehensive Health Insurance Plan. Upon entry of an Order of
Rehabilitation or Liquidation against the Comprehensive Health
Insurance Plan in accordance with Article XIII of the Illinois
Insurance Code, all powers, duties, rights, and
responsibilities of the Illinois Comprehensive Health
Insurance Plan and the Illinois Comprehensive Health Insurance
Board under the Comprehensive Health Insurance Plan Act shall
be transferred to and vested in the Director of Insurance as
rehabilitator or liquidator as provided in the provisions of
Public Act 102-159 this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-159, eff. 7-23-21; revised 11-3-21.)
 
    Section 150. The Department of Labor Law of the Civil
Administrative Code of Illinois is amended by changing Section
1505-215 as follows:
 
    (20 ILCS 1505/1505-215)
    Sec. 1505-215. Bureau on Apprenticeship Programs and Clean
Energy Jobs.
    (a) For purposes of this Section, "clean energy sector"
means solar energy, wind energy, energy efficiency, solar
thermal, green hydrogen, geothermal, and electric vehicle
industries and other renewable energy industries, industries
achieving emission reductions, and related industries that
manufacture, develop, build, maintain, or provide ancillary
services to renewable energy resources or energy efficiency
products or services, including the manufacture and
installation of healthier building materials that contain
fewer hazardous chemicals.
    (b) There is created within the Department of Labor a
Bureau on Apprenticeship Programs and Clean Energy Jobs. This
Bureau shall work to increase minority participation in active
apprentice programs in Illinois that are approved by the
United States Department of Labor and in clean energy jobs in
Illinois. The Bureau shall identify barriers to minorities
gaining access to construction careers and careers in the
clean energy sector and make recommendations to the Governor
and the General Assembly for policies to remove those
barriers. The Department may hire staff to perform outreach in
promoting diversity in active apprenticeship programs approved
by the United States Department of Labor.
    (c) The Bureau shall annually compile racial and gender
workforce diversity information from contractors receiving
State or other public funds and by labor unions with members
working on projects receiving State or other public funds.
    (d) The Bureau shall compile racial and gender workforce
diversity information from certified transcripts of payroll
reports filed in the preceding year pursuant to the Prevailing
Wage Act for all clean energy sector construction projects.
The Bureau shall work with the Department of Commerce and
Economic Opportunity, the Illinois Power Agency, the Illinois
Commerce Commission, and other agencies, as necessary, to
receive and share data and reporting on racial and gender
workforce diversity, demographic data, and any other data
necessary to achieve the goals of this Section.
    (e) By April 15, 2022 and every April 15 thereafter, the
Bureau shall publish and make available on the Department's
website a report summarizing the racial and gender diversity
of the workforce on all clean energy sector projects by
county. The report shall use a consistent structure for
information requests and presentation, with an easy-to-use
table of contents, to enable comparable year-over-year
solicitation and benchmarking of data. The development of the
report structure shall be open to a public review and comment
period. That report shall compare the race, ethnicity, and
gender of the workers on covered clean energy sector projects
to the general population of the county in which the project is
located. The report shall also disaggregate such data to
compare the race, ethnicity, and gender of workers employed by
union and nonunion contractors and compare the race,
ethnicity, and gender of workers who reside in Illinois and
those who reside outside of Illinois. The report shall also
include the race, ethnicity, and gender of the workers by
prevailing wage classification.
    (f) The Bureau shall present its annual report to the
Energy Workforce Advisory Council in order to inform its
program evaluations, recommendations, and objectives pursuant
to Section 5-65 of the Energy Transition Act. The Bureau shall
also present its annual report to the Illinois Power Agency in
order to inform its ongoing equity and compliance efforts in
the clean energy sector.
    The Bureau and all entities subject to the requirements of
subsection (d) shall hold an annual workshop open to the
public in 2022 and every year thereafter on the state of racial
and gender workforce diversity in the clean energy sector in
order to collaboratively seek solutions to structural
impediments to achieving diversity, equity, and inclusion
goals, including testimony from each participating entity,
subject matter experts, and advocates.
    (g) The Bureau shall publish each annual report prepared
and filed pursuant to subsection (d) on the Department of
Labor's website for at least 5 years.
(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20;
102-558, eff. 8-20-21; 102-662, eff. 9-15-21; revised
10-12-21.)
 
    Section 155. The Illinois Lottery Law is amended by
changing Section 21.8 as follows:
 
    (20 ILCS 1605/21.8)
    Sec. 21.8. Quality of Life scratch-off game.
    (a) The Department shall offer a special instant
scratch-off game with the title of "Quality of Life". The game
shall commence on July 1, 2007 or as soon thereafter, in the
discretion of the Director, as is reasonably practical, and
shall be discontinued on December 31, 2025. The operation of
the game is governed by this Act and by any rules adopted by
the Department. The Department must consult with the Quality
of Life Board, which is established under Section 2310-348 of
the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois, regarding the design
and promotion of the game. If any provision of this Section is
inconsistent with any other provision of this Act, then this
Section governs.
    (b) The Quality of Life Endowment Fund is created as a
special fund in the State treasury. The net revenue from the
Quality of Life special instant scratch-off game must be
deposited into the Fund for appropriation by the General
Assembly solely to the Department of Public Health for the
purpose of HIV/AIDS-prevention education and for making grants
to public or private entities in Illinois for the purpose of
funding organizations that serve the highest at-risk
categories for contracting HIV or developing AIDS. Grants
shall be targeted to serve at-risk populations in proportion
to the distribution of recent reported Illinois HIV/AIDS cases
among risk groups as reported by the Illinois Department of
Public Health. The recipient organizations must be engaged in
HIV/AIDS-prevention education and HIV/AIDS healthcare
treatment. The Department must, before grants are awarded,
provide copies of all grant applications to the Quality of
Life Board, receive and review the Board's recommendations and
comments, and consult with the Board regarding the grants.
Organizational size will determine an organization's
competitive slot in the "Request for Proposal" process.
Organizations with an annual budget of $300,000 or less will
compete with like size organizations for 50% of the Quality of
Life annual fund. Organizations with an annual budget of
$300,001 to $700,000 will compete with like organizations for
25% of the Quality of Life annual fund, and organizations with
an annual budget of $700,001 and upward will compete with like
organizations for 25% of the Quality of Life annual fund. The
lottery may designate a percentage of proceeds for marketing
purposes purpose. The grant funds may not be used for
institutional, organizational, or community-based overhead
costs, indirect costs, or levies.
    Grants awarded from the Fund are intended to augment the
current and future State funding for the prevention and
treatment of HIV/AIDS and are not intended to replace that
funding.
    Moneys received for the purposes of this Section,
including, without limitation, net revenue from the special
instant scratch-off game and gifts, grants, and awards from
any public or private entity, must be deposited into the Fund.
Any interest earned on moneys in the Fund must be deposited
into the Fund.
    For purposes of this subsection, "net revenue" means the
total amount for which tickets have been sold less the sum of
the amount paid out in prizes and the actual administrative
expenses of the Department solely related to the Quality of
Life game.
    (c) During the time that tickets are sold for the Quality
of Life game, the Department shall not unreasonably diminish
the efforts devoted to marketing any other instant scratch-off
lottery game.
    (d) The Department may adopt any rules necessary to
implement and administer the provisions of this Section in
consultation with the Quality of Life Board.
(Source: P.A. 98-499, eff. 8-16-13; 99-791, eff. 8-12-16;
revised 12-2-21.)
 
    Section 160. The Department of Healthcare and Family
Services Law of the Civil Administrative Code of Illinois is
amended by renumbering Section 30 as follows:
 
    (20 ILCS 2205/2205-31)
    Sec. 2205-31 30. Health care telementoring.
    (a) The Department of Healthcare and Family Services shall
designate one or more health care telementoring entities based
on an application to be developed by the Department of
Healthcare and Family Services. Applicants shall demonstrate a
record of expertise and demonstrated success in providing
health care telementoring services. Approved applicants from
Illinois shall be eligible for State funding in accordance
with rules developed by the Department of Healthcare and
Family Services. Funding shall be provided based on the number
of physicians who are assisted by each approved health care
telementoring entity and the hours of assistance provided to
each physician.
    (b) In this Section, "health care telementoring" means a
program:
        (1) based on interactive video technology that
    connects groups of community health care providers in
    urban and rural underserved areas with specialists in
    regular real-time collaborative sessions;
        (2) designed around case-based learning and
    mentorship; and
        (3) that helps local health care providers gain the
    expertise required to more effectively provide needed
    services.
    "Health care telementoring" includes, but is not limited
to, a program provided to improve services in a variety of
areas, including, but not limited to, adolescent health,
Hepatitis C, complex diabetes, geriatrics, mental illness,
opioid use disorders, substance use disorders, maternity care,
childhood adversity and trauma, pediatric ADHD, and other
priorities identified by the Department of Healthcare and
Family Services.
(Source: P.A. 102-512, eff. 1-1-22; revised 9-30-21.)
 
    Section 165. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-223 and by setting forth and
renumbering multiple versions of Section 2310-431 as follows:
 
    (20 ILCS 2310/2310-223)
    Sec. 2310-223. Maternal care.
    (a) The Department shall establish a classification system
for the following levels of maternal care:
        (1) basic care: care of uncomplicated pregnancies with
    the ability to detect, stabilize, and initiate management
    of unanticipated maternal-fetal or neonatal problems that
    occur during the antepartum, intrapartum, or postpartum
    period until the patient can be transferred to a facility
    at which specialty maternal care is available;
        (2) specialty care: basic care plus care of
    appropriate high-risk antepartum, intrapartum, or
    postpartum conditions, both directly admitted and
    transferred to another facility;
        (3) subspecialty care: specialty care plus care of
    more complex maternal medical conditions, obstetric
    complications, and fetal conditions; and
        (4) regional perinatal health care: subspecialty care
    plus on-site medical and surgical care of the most complex
    maternal conditions, critically ill pregnant women, and
    fetuses throughout antepartum, intrapartum, and postpartum
    care.
    (b) The Department shall:
        (1) introduce uniform designations for levels of
    maternal care that are complementary complimentary but
    distinct from levels of neonatal care;
        (2) establish clear, uniform criteria for designation
    of maternal centers that are integrated with emergency
    response systems to help ensure that the appropriate
    personnel, physical space, equipment, and technology are
    available to achieve optimal outcomes, as well as to
    facilitate subsequent data collection regarding
    risk-appropriate care;
        (3) require each health care facility to have a clear
    understanding of its capability to handle increasingly
    complex levels of maternal care, and to have a
    well-defined threshold for transferring women to health
    care facilities that offer a higher level of care; to
    ensure optimal care of all pregnant women, the Department
    shall require all birth centers, hospitals, and
    higher-level facilities to collaborate in order to develop
    and maintain maternal and neonatal transport plans and
    cooperative agreements capable of managing the health care
    needs of women who develop complications; the Department
    shall require that receiving hospitals openly accept
    transfers;
        (4) require higher-level facilities to provide
    training for quality improvement initiatives, educational
    support, and severe morbidity and mortality case review
    for lower-level hospitals; the Department shall ensure
    that, in those regions that do not have a facility that
    qualifies as a regional perinatal health care facility,
    any specialty care facility in the region will provide the
    educational and consultation function;
        (5) require facilities and regional systems to develop
    methods to track severe maternal morbidity and mortality
    to assess the efficacy of utilizing maternal levels of
    care;
        (6) analyze data collected from all facilities and
    regional systems in order to inform future updates to the
    levels of maternal care;
        (7) require follow-up interdisciplinary work groups to
    further explore the implementation needs that are
    necessary to adopt the proposed classification system for
    levels of maternal care in all facilities that provide
    maternal care;
        (8) disseminate data and materials to raise public
    awareness about the importance of prenatal care and
    maternal health;
        (9) engage the Illinois Chapter of the American
    Academy of Pediatrics in creating a quality improvement
    initiative to expand efforts of pediatricians conducting
    postpartum depression screening at well baby visits during
    the first year of life; and
        (10) adopt rules in accordance with the Illinois
    Administrative Procedure Act to implement this subsection.
(Source: P.A. 101-447, eff. 8-23-19; 102-558, eff. 8-20-21;
revised 12-1-21.)
 
    (20 ILCS 2310/2310-431)
    Sec. 2310-431. Healthy Illinois Survey.
    (a) The General Assembly finds the following:
        (1) The Coronavirus pandemic that struck in 2020
    caused more illness and death in Black, Latinx, and other
    communities with people of color in Illinois.
        (2) Many rural and other underserved communities in
    Illinois experienced higher rates of COVID-19 illness and
    death than higher-resourced communities.
        (3) The structural racism and underlying health and
    social disparities in communities of color and other
    underserved communities that produced these COVID-19
    disparities also produce disparities in chronic disease,
    access to care, and social determinants of health, such as
    overcrowded housing and prevalence of working in low-wage
    essential jobs.
        (4) Traditional public health data collected by
    existing methods is insufficient to help State and local
    governments, health care partners, and communities
    understand local health concerns and social factors
    associated with health. Nor does the data provide adequate
    information to help identify policies and interventions
    that address health inequities.
        (5) Comprehensive, relevant, and current public health
    data could be used to: identify health concerns for
    communities across Illinois; understand environmental,
    neighborhood, and social factors associated with health;
    and support the development, implementation, and progress
    of programs for public health interventions and addressing
    health inequities.
    (b) Subject to appropriation, the Department shall
administer an annual survey, which shall be named the Healthy
Illinois Survey. The Healthy Illinois Survey shall:
        (1) include interviews of a sample of State residents
    such that statistically reliable data for every county,
    zip code groupings within more highly populated counties
    and cities, suburban Cook County municipalities, and
    Chicago community areas can be developed, as well as
    statistically reliable data on racial, ethnic, gender,
    age, and other demographic groups of State residents
    important to inform health equity goals;
        (2) be collected at the zip code level; and
        (3) include questions on a range of topics designed to
    establish an initial baseline public health data set and
    annual updates, including:
            (A) access to health services;
            (B) civic engagement;
            (C) childhood experiences;
            (D) chronic health conditions;
            (E) COVID-19;
            (F) diet;
            (G) financial security;
            (H) food security;
            (I) mental health;
            (J) community conditions;
            (K) physical activity;
            (L) physical safety;
            (M) substance abuse; and
            (N) violence.
    (c) In developing the Healthy Illinois Survey, the
Department shall consult with local public health departments
and stakeholders with expertise in health, mental health,
nutrition, physical activity, violence prevention, safety,
tobacco and drug use, and emergency preparedness with the goal
of developing a comprehensive survey that will assist the
State and other partners in developing the data to measure
public health and health equity.
    (d) The Department shall provide the results of the
Healthy Illinois Survey in forms useful to cities,
communities, local health departments, hospitals, and other
potential users, including annually publishing on its website
data at the most granular geographic and demographic levels
possible while protecting identifying information. The
Department shall produce periodic special reports and analyses
relevant to ongoing and emerging health and social issues in
communities and the State. The Department shall use this data
to inform the development and monitoring of its State Health
Assessment. The Department shall provide the full relevant
jurisdictional data set to local health departments for their
local use and analysis each year.
    (e) The identity, or any group of facts that tends to lead
to the identity, of any person whose condition or treatment is
submitted to the Healthy Illinois Survey is confidential and
shall not be open to public inspection or dissemination and is
exempt from disclosure under Section 7 of the Freedom of
Information Act. Information for specific research purposes
may be released in accordance with procedures established by
the Department.
(Source: P.A. 102-483, eff. 1-1-22.)
 
    (20 ILCS 2310/2310-432)
    Sec. 2310-432 2310-431. Medical examiner offices; medical
facilities. The Department shall ensure that medical examiner
offices are included as part of medical facilities for the
purposes of complying with and implementing Sections 212(e)
and 214(l) of the federal Immigration and Nationality Act (8
U.S.C. 1182(e) and 8 U.S.C. 1184(l)) and 22 CFR 62 regarding
the federal Exchange Visitor Program.
(Source: P.A. 102-488, eff. 1-1-22; revised 11-3-21.)
 
    Section 170. The Illinois State Police Law of the Civil
Administrative Code of Illinois is amended by changing
Sections 2605-35, 2605-40, 2605-50, 2605-410, and 2605-605 and
by setting forth, renumbering, and changing multiple versions
of Section 2601-51 as follows:
 
    (20 ILCS 2605/2605-35)  (was 20 ILCS 2605/55a-3)
    Sec. 2605-35. Division of Criminal Investigation.
    (a) The Division of Criminal Investigation shall exercise
the following functions and those in Section 2605-30:
        (1) Exercise the rights, powers, and duties vested by
    law in the Illinois State Police by the Illinois Horse
    Racing Act of 1975, including those set forth in Section
    2605-215.
        (2) Investigate the origins, activities, personnel,
    and incidents of crime and enforce the criminal laws of
    this State related thereto.
        (3) Enforce all laws regulating the production, sale,
    prescribing, manufacturing, administering, transporting,
    having in possession, dispensing, delivering,
    distributing, or use of controlled substances and
    cannabis.
        (4) Cooperate with the police of cities, villages, and
    incorporated towns and with the police officers of any
    county in enforcing the laws of the State and in making
    arrests and recovering property.
        (5) Apprehend and deliver up any person charged in
    this State or any other state with treason or a felony or
    other crime who has fled from justice and is found in this
    State.
        (6) Investigate recipients and providers under the
    Illinois Public Aid Code and any personnel involved in the
    administration of the Code who are suspected of any
    violation of the Code pertaining to fraud in the
    administration, receipt, or provision of assistance and
    pertaining to any violation of criminal law; and exercise
    the functions required under Section 2605-220 in the
    conduct of those investigations.
        (7) Conduct other investigations as provided by law.
        (8) Investigate public corruption..
        (9) Exercise other duties that may be assigned by the
    Director in order to fulfill the responsibilities and
    achieve the purposes of the Illinois State Police, which
    may include the coordination of gang, terrorist, and
    organized crime prevention, control activities, and
    assisting local law enforcement in their crime control
    activities.
    (b) (Blank).
(Source: P.A. 102-538, eff. 8-20-21; revised 12-2-21.)
 
    (20 ILCS 2605/2605-40)  (was 20 ILCS 2605/55a-4)
    Sec. 2605-40. Division of Forensic Services. The Division
of Forensic Services shall exercise the following functions:
        (1) Provide crime scene services and traffic crash
    reconstruction..
        (2) Exercise the rights, powers, and duties vested by
    law in the Illinois State Police by Section 2605-300 of
    this Law.
        (3) Provide assistance to local law enforcement
    agencies through training, management, and consultant
    services.
        (4) (Blank).
        (5) Exercise other duties that may be assigned by the
    Director in order to fulfill the responsibilities and
    achieve the purposes of the Illinois State Police.
        (6) Establish and operate a forensic science
    laboratory system, including a forensic toxicological
    laboratory service, for the purpose of testing specimens
    submitted by coroners and other law enforcement officers
    in their efforts to determine whether alcohol, drugs, or
    poisonous or other toxic substances have been involved in
    deaths, accidents, or illness. Forensic toxicological
    laboratories shall be established in Springfield, Chicago,
    and elsewhere in the State as needed.
        (6.5) Establish administrative rules in order to set
    forth standardized requirements for the disclosure of
    toxicology results and other relevant documents related to
    a toxicological analysis. These administrative rules are
    to be adopted to produce uniform and sufficient
    information to allow a proper, well-informed determination
    of the admissibility of toxicology evidence and to ensure
    that this evidence is presented competently. These
    administrative rules are designed to provide a minimum
    standard for compliance of toxicology evidence and are not
    intended to limit the production and discovery of material
    information.
        (7) Subject to specific appropriations made for these
    purposes, establish and coordinate a system for providing
    accurate and expedited forensic science and other
    investigative and laboratory services to local law
    enforcement agencies and local State's Attorneys in aid of
    the investigation and trial of capital cases.
(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21;
revised 12-2-21.)
 
    (20 ILCS 2605/2605-50)  (was 20 ILCS 2605/55a-6)
    Sec. 2605-50. Division of Internal Investigation. The
Division of Internal Investigation shall have jurisdiction and
initiate internal Illinois State Police investigations and, at
the direction of the Governor, investigate complaints and
initiate investigations of official misconduct by State
officers and all State employees. Notwithstanding any other
provisions of law, the Division shall serve as the
investigative body for the Illinois State Police for purposes
of compliance with the provisions of Sections 12.6 and 12.7 of
the Illinois State Police this Act.
(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-4-21.)
 
    (20 ILCS 2605/2605-51)
    Sec. 2605-51. Division of the Academy and Training.
    (a) The Division of the Academy and Training shall
exercise, but not be limited to, the following functions:
        (1) Oversee and operate the Illinois State Police
    Training Academy.
        (2) Train and prepare new officers for a career in law
    enforcement, with innovative, quality training and
    educational practices.
        (3) Offer continuing training and educational programs
    for Illinois State Police employees.
        (4) Oversee the Illinois State Police's recruitment
    initiatives.
        (5) Oversee and operate the Illinois State Police's
    quartermaster.
        (6) Duties assigned to the Illinois State Police in
    Article 5, Chapter 11 of the Illinois Vehicle Code
    concerning testing and training officers on the detection
    of impaired driving.
        (7) Duties assigned to the Illinois State Police in
    Article 108B of the Code of Criminal Procedure.
    (b) The Division of the Academy and Training shall
exercise the rights, powers, and duties vested in the former
Division of State Troopers by Section 17 of the Illinois State
Police Act.
    (c) Specialized training.
        (1) Training; cultural diversity. The Division of the
    Academy and Training shall provide training and continuing
    education to State police officers concerning cultural
    diversity, including sensitivity toward racial and ethnic
    differences. This training and continuing education shall
    include, but not be limited to, an emphasis on the fact
    that the primary purpose of enforcement of the Illinois
    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
    training in death and homicide investigation for State
    police officers. Only State police officers who
    successfully complete the training may be assigned as lead
    investigators in death and homicide investigations.
    Satisfactory completion of the training shall be evidenced
    by a certificate issued to the officer by the Division of
    the Academy and Training. The Director shall develop a
    process for waiver applications for officers whose prior
    training and experience as homicide investigators may
    qualify them for a waiver. The Director may issue a
    waiver, at his or her discretion, based solely on the
    prior training and experience of an officer as a homicide
    investigator.
        (3) Training; police dog training standards. All
    police dogs used by the Illinois State Police for drug
    enforcement purposes pursuant to the Cannabis Control Act,
    the Illinois Controlled Substances Act, and the
    Methamphetamine Control and Community Protection Act shall
    be trained by programs that meet the certification
    requirements set by the Director or the Director's
    designee. Satisfactory completion of the training shall be
    evidenced by a certificate issued by the Division of the
    Academy and Training.
        (4) Training; post-traumatic stress disorder. The
    Division of the Academy and Training shall conduct or
    approve a training program in post-traumatic stress
    disorder for State police officers. The purpose of that
    training shall be to equip State police officers to
    identify the symptoms of post-traumatic stress disorder
    and to respond appropriately to individuals exhibiting
    those symptoms.
        (5) Training; opioid antagonists. The Division of the
    Academy and Training shall conduct or approve a training
    program for State police officers in the administration of
    opioid antagonists 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 exercising the powers of a peace officer.
        (6) Training; sexual assault and sexual 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, including, 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) responding to the needs and concerns of
            a victim;
                (iv) delivering services in a compassionate,
            sensitive, and nonjudgmental manner;
                (v) interviewing techniques in accordance with
            the curriculum standards in this paragraph (6);
                (vi) understanding cultural perceptions and
            common myths of sexual assault and sexual abuse;
            and
                (vii) report writing techniques in accordance
            with the curriculum standards 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-centered responses to cases of
        sexual assault and sexual abuse and have experience
        responding to sexual assault and sexual abuse cases.
            (D) The Illinois State Police shall adopt rules,
        in consultation with the Office of the Attorney
        General and the Illinois Law Enforcement Training
        Standards Board, to determine the specific training
        requirements for these courses, including, but not
        limited to, the following:
                (i) evidence-based curriculum standards for
            report writing and immediate response to sexual
            assault and sexual abuse, including
            trauma-informed, victim-centered interview
            techniques, which have been demonstrated to
            minimize retraumatization, for all State police
            officers; and
                (ii) evidence-based curriculum standards for
            trauma-informed, victim-centered investigation
            and interviewing techniques, which have been
            demonstrated to minimize retraumatization, for
            cases of sexual assault and sexual abuse for all
            State police officers who conduct sexual assault
            and sexual abuse investigations.
        (7) Training; human 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, including, but not limited to,
    involuntary servitude under subsection (b) of Section 10-9
    of the Criminal Code of 2012, involuntary sexual servitude
    of a minor under subsection (c) of Section 10-9 of the
    Criminal Code of 2012, and trafficking in persons under
    subsection (d) of Section 10-9 of the Criminal Code of
    2012. This program shall be made available to all cadets
    and State police officers.
        (8) Training; hate crimes. The Division of the Academy
    and Training shall provide training for State police
    officers in identifying, responding to, and reporting all
    hate crimes.
(Source: P.A. 102-538, eff. 8-20-21.)
 
    (20 ILCS 2605/2605-51.1)
    (This Section may contain text from a Public Act with a
delayed effective date)
    (Section scheduled to be repealed on June 1, 2026)
    Sec. 2605-51.1 2605-51. Commission on Implementing the
Firearms Restraining Order Act.
    (a) There is created the Commission on Implementing the
Firearms Restraining Order Act composed of at least 12 members
to advise on the strategies of education and implementation of
the Firearms Restraining Order Act. The Commission shall be
appointed by the Director of the Illinois State Police or his
or her designee and shall include a liaison or representative
nominated from the following:
        (1) the Office of the Attorney General, appointed by
    the Attorney General;
        (2) the Director of the Illinois State Police or his
    or her designee;
        (3) at least 3 State's Attorneys, nominated by the
    Director of the Office of the State's Attorneys Appellate
    Prosecutor;
        (4) at least 2 municipal police department
    representatives, nominated by the Illinois Association of
    Chiefs of Police;
        (5) an Illinois sheriff, nominated by the Illinois
    Sheriffs' Association;
        (6) the Director of Public Health or his or her
    designee;
        (7) the Illinois Law Enforcement Training Standards
    Board, nominated by the Executive Director of the Board;
        (8) a representative from a public defender's office,
    nominated by the State Appellate Defender;
        (9) a circuit court judge, nominated by the Chief
    Justice of the Supreme Court;
        (10) a prosecutor with experience managing or
    directing a program in another state where the
    implementation of that state's extreme risk protection
    order law has achieved high rates of petition filings
    nominated by the National District Attorneys Association;
    and
        (11) an expert from law enforcement who has experience
    managing or directing a program in another state where the
    implementation of that state's extreme risk protection
    order law has achieved high rates of petition filings
    nominated by the Director of the Illinois State Police.
    (b) The Commission shall be chaired by the Director of the
Illinois State Police or his or her designee. The Commission
shall meet, either virtually or in person, to discuss the
implementation of the Firearms Restraining Order Act as
determined by the Commission while the strategies are being
established.
    (c) The members of the Commission shall serve without
compensation and shall serve 3-year terms.
    (d) An annual report shall be submitted to the General
Assembly by the Commission that may include summary
information about firearms restraining order use by county,
challenges to Firearms Restraining Order Act implementation,
and recommendations for increasing and improving
implementation.
    (e) The Commission shall develop a model policy with an
overall framework for the timely relinquishment of firearms
whenever a firearms restraining order is issued. The model
policy shall be finalized within the first 4 months of
convening. In formulating the model policy, the Commission
shall consult counties in Illinois and other states with
extreme risk protection order laws which have achieved a high
rate of petition filings. Once approved, the Illinois State
Police shall work with their local law enforcement agencies
within their county to design a comprehensive strategy for the
timely relinquishment of firearms, using the model policy as
an overall framework. Each individual agency may make small
modifications as needed to the model policy and must approve
and adopt a policy that aligns with the model policy. The
Illinois State Police shall convene local police chiefs and
sheriffs within their county as needed to discuss the
relinquishment of firearms.
    (f) The Commission shall be dissolved June 1, 2025 (3
years after the effective date of Public Act 102-345) this
amendatory Act of the 102nd General Assembly.
    (g) This Section is repealed June 1, 2026 (4 years after
the effective date of Public Act 102-345) this amendatory Act
of the 102nd General Assembly.
(Source: P.A. 102-345, eff. 6-1-22; revised 11-3-21.)
 
    (20 ILCS 2605/2605-410)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 2605-410. Over Dimensional Load Police Escort Fund.
To charge, collect, and receive fees or moneys as described in
Section 15-312 of the Illinois Vehicle Code. All fees received
by the Illinois State Police under Section 15-312 of the
Illinois Vehicle Code shall be deposited into the Over
Dimensional Load Police Escort Fund, a special fund that is
created in the State treasury. Subject to appropriation, the
money in the Over Dimensional Load Police Escort Fund shall be
used by the Illinois State Police for its expenses in
providing police escorts and commercial vehicle enforcement
activities. This Fund is dissolved upon the transfer of the
remaining balance from the Over Dimensional Load Police Escort
Fund to the State Police Operations Assistance Fund as
provided under subsection (a-5) of Section 6z-82 of the State
Finance Act. This Section is repealed on January 1, 2023.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;
revised 10-4-21.)
 
    (20 ILCS 2605/2605-605)
    Sec. 2605-605. Violent Crime Intelligence Task Force. The
Director of the Illinois State Police shall establish a
statewide multi-jurisdictional Violent Crime Intelligence Task
Force led by the Illinois State Police dedicated to combating
gun violence, gun-trafficking, and other violent crime with
the primary mission of preservation of life and reducing the
occurrence and the fear of crime. The objectives of the Task
Force shall include, but not be limited to, reducing and
preventing illegal possession and use of firearms,
firearm-related homicides, and other violent crimes, and
solving firearm-related crimes.
    (1) The Task Force may develop and acquire information,
training, tools, and resources necessary to implement a
data-driven approach to policing, with an emphasis on
intelligence development.
    (2) The Task Force may utilize information sharing,
partnerships, crime analysis, and evidence-based practices to
assist in the reduction of firearm-related shootings,
homicides, and gun-trafficking, including, but not limited to,
ballistic data, eTrace data, DNA evidence, latent
fingerprints, firearm training data, and National Integrated
Ballistic Information Network (NIBIN) data. The Task Force may
design a model crime gun intelligence strategy which may
include, but is not limited to, comprehensive collection and
documentation of all ballistic evidence, timely transfer of
NIBIN and eTrace leads to an intelligence center, which may
include the Division of Criminal Investigation of the Illinois
State Police, timely dissemination of intelligence to
investigators, investigative follow-up, and coordinated
prosecution.
    (3) The Task Force may recognize and utilize best
practices of community policing and may develop potential
partnerships with faith-based and community organizations to
achieve its goals.
    (4) The Task Force may identify and utilize best practices
in drug-diversion programs and other community-based services
to redirect low-level offenders.
    (5) The Task Force may assist in violence suppression
strategies including, but not limited to, details in
identified locations that have shown to be the most prone to
gun violence and violent crime, focused deterrence against
violent gangs and groups considered responsible for the
violence in communities, and other intelligence driven methods
deemed necessary to interrupt cycles of violence or prevent
retaliation.
    (6) In consultation with the Chief Procurement Officer,
the Illinois State Police may obtain contracts for software,
commodities, resources, and equipment to assist the Task Force
with achieving this Act. Any contracts necessary to support
the delivery of necessary software, commodities, resources,
and equipment are not subject to the Illinois Procurement
Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and
Article 50 of that Code, provided that the Chief Procurement
Officer may, in writing with justification, waive any
certification required under Article 50 of the Illinois
Procurement Code.
    (7) The Task Force shall conduct enforcement operations
against persons whose Firearm Owner's Identification Cards
have been revoked or suspended and persons who fail to comply
with the requirements of Section 9.5 of the Firearm Owners
Identification Card Act, prioritizing individuals presenting a
clear and present danger to themselves or to others under
paragraph (2) of subsection (d) of Section 8.1 of the Firearm
Owners Identification Card Act.
    (8) The Task Force shall collaborate with local law
enforcement agencies to enforce provisions of the Firearm
Owners Identification Card Act, the Firearm Concealed Carry
Act, the Firearm Dealer License Certification Act, and Article
24 of the Criminal Code of 2012.
    (9) To implement this Section, the Director of the
Illinois State Police may establish intergovernmental
agreements with law enforcement agencies in accordance with
the Intergovernmental Cooperation Act.
    (10) Law enforcement agencies that participate in
activities described in paragraphs (7) through (9) may apply
to the Illinois State Police for grants from the State Police
Revocation Enforcement Fund.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-4-21.)
 
    Section 175. The Illinois State Police Act is amended by
changing Sections 3, 8, 9, 12.6, 12.7, 14, and 46 as follows:
 
    (20 ILCS 2610/3)  (from Ch. 121, par. 307.3)
    Sec. 3. The Governor shall appoint, by and with the advice
and consent of the Senate, an Illinois State Police Merit
Board, hereinafter called the Board, consisting of 7 members
to hold office. The Governor shall appoint new board members
within 30 days for the vacancies created under Public Act
101-652 this amendatory Act. Board members shall be appointed
to four-year terms. No member shall be appointed to more than 2
terms. In making the appointments, the Governor shall make a
good faith effort to appoint members reflecting the
geographic, ethnic ethic, and cultural diversity of this
State. In making the appointments, the Governor should also
consider appointing: persons with professional backgrounds,
possessing legal, management, personnel, or labor experience;
at least one member with at least 10 years of experience as a
licensed physician or clinical psychologist with expertise in
mental health; and at least one member affiliated with an
organization committed commitment to social and economic
rights and to eliminating discrimination.. No more than 4
members of the Board shall be affiliated with the same
political party. If the Senate is not in session at the time
initial appointments are made pursuant to this Section
section, the Governor shall make temporary appointments as in
the case of a vacancy. In order to avoid actual conflicts of
interest, or the appearance of conflicts of interest, no board
member shall be a retired or former employee of the Illinois
State Police. When a Board member may have an actual,
perceived, or potential conflict of interest that could
prevent the Board member from making a fair and impartial
decision on a complaint or formal complaint against an
Illinois State Police officer, the Board member shall recuse
himself or herself; or, if If the Board member fails to recuse
himself or herself, then the Board may, by a simple majority,
vote to recuse the Board member.
(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 11-22-21.)
 
    (20 ILCS 2610/8)  (from Ch. 121, par. 307.8)
    Sec. 8. Board jurisdiction.
    (a) The Board shall exercise jurisdiction over the
certification for appointment and promotion, and over the
discipline, removal, demotion, and suspension of Illinois
State Police officers. The Board and the Illinois State Police
should also ensure Illinois State Police cadets and officers
represent the utmost integrity and professionalism and
represent the geographic, ethnic, and cultural diversity of
this State. The Board shall also exercise jurisdiction to
certify and terminate Illinois State Police officers Officers
in compliance with certification standards consistent with
Sections 9, 11.5, and 12.6 of this Act. Pursuant to recognized
merit principles of public employment, the Board shall
formulate, adopt, and put into effect rules, regulations, and
procedures for its operation and the transaction of its
business. The Board shall establish a classification of ranks
of persons subject to its jurisdiction and shall set standards
and qualifications for each rank. Each Illinois State Police
officer appointed by the Director shall be classified as a
State Police officer as follows: trooper, sergeant, master
sergeant, lieutenant, captain, major, or Special Agent.
    (b) The Board shall publish all standards and
qualifications for each rank, including Cadet, on its website.
This shall include, but not be limited to, all physical
fitness, medical, visual, and hearing standards. The Illinois
State Police shall cooperate with the Board by providing any
necessary information to complete this requirement.
(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-4-21.)
 
    (20 ILCS 2610/9)  (from Ch. 121, par. 307.9)
    Sec. 9. Appointment; qualifications.
    (a) Except as otherwise provided in this Section, the
appointment of Illinois State Police officers shall be made
from those applicants who have been certified by the Board as
being qualified for appointment. All persons so appointed
shall, at the time of their appointment, be not less than 21
years of age, or 20 years of age and have successfully
completed an associate's degree or 60 credit hours at an
accredited college or university. Any person appointed
subsequent to successful completion of an associate's degree
or 60 credit hours at an accredited college or university
shall not have power of arrest, nor shall he or she be
permitted to carry firearms, until he or she reaches 21 years
of age. In addition, all persons so certified for appointment
shall be of sound mind and body, be of good moral character, be
citizens of the United States, have no criminal records,
possess such prerequisites of training, education, and
experience as the Board may from time to time prescribe so long
as persons who have an associate's degree or 60 credit hours at
an accredited college or university are not disqualified, and
shall be required to pass successfully such mental and
physical tests and examinations as may be prescribed by the
Board. All persons who meet one of the following requirements
are deemed to have met the collegiate educational
requirements:
        (i) have been honorably discharged and who have been
    awarded a Southwest Asia Service Medal, Kosovo Campaign
    Medal, Korean Defense Service Medal, Afghanistan Campaign
    Medal, Iraq Campaign Medal, or Global War on Terrorism
    Expeditionary Medal by the United States Armed Forces;
        (ii) are active members of the Illinois National Guard
    or a reserve component of the United States Armed Forces
    and who have been awarded a Southwest Asia Service Medal,
    Kosovo Campaign Medal, Korean Defense Service Medal,
    Afghanistan Campaign Medal, Iraq Campaign Medal, or Global
    War on Terrorism Expeditionary Medal as a result of
    honorable service during deployment on active duty;
        (iii) have been honorably discharged who served in a
    combat mission by proof of hostile fire pay or imminent
    danger pay during deployment on active duty; or
        (iv) have at least 3 years of full active and
    continuous military duty and received an honorable
    discharge before hiring.
    Preference shall be given in such appointments to persons
who have honorably served in the military or naval services of
the United States. All appointees shall serve a probationary
period of 12 months from the date of appointment and during
that period may be discharged at the will of the Director.
However, the Director may in his or her sole discretion extend
the probationary period of an officer up to an additional 6
months when to do so is deemed in the best interest of the
Illinois State Police. Nothing in this subsection (a) limits
the Board's ability to prescribe education prerequisites or
requirements to certify Illinois State Police officers for
promotion as provided in Section 10 of this Act.
    (b) Notwithstanding the other provisions of this Act,
after July 1, 1977 and before July 1, 1980, the Director of
State Police may appoint and promote not more than 20 persons
having special qualifications as special agents as he or she
deems necessary to carry out the Department's objectives. Any
such appointment or promotion shall be ratified by the Board.
    (c) During the 90 days following March 31, 1995 (the
effective date of Public Act 89-9) this amendatory Act of
1995, the Director of State Police may appoint up to 25 persons
as State Police officers. These appointments shall be made in
accordance with the requirements of this subsection (c) and
any additional criteria that may be established by the
Director, but are not subject to any other requirements of
this Act. The Director may specify the initial rank for each
person appointed under this subsection.
    All appointments under this subsection (c) shall be made
from personnel certified by the Board. A person certified by
the Board and appointed by the Director under this subsection
must have been employed by the Illinois Commerce Commission on
November 30, 1994 in a job title subject to the Personnel Code
and in a position for which the person was eligible to earn
"eligible creditable service" as a "noncovered employee", as
those terms are defined in Article 14 of the Illinois Pension
Code.
    Persons appointed under this subsection (c) shall
thereafter be subject to the same requirements and procedures
as other State police officers. A person appointed under this
subsection must serve a probationary period of 12 months from
the date of appointment, during which he or she may be
discharged at the will of the Director.
    This subsection (c) does not affect or limit the
Director's authority to appoint other State Police officers
under subsection (a) of this Section.
    (d) During the 180 days following January 1, 2022 (the
effective date of Public Act 101-652) this amendatory Act of
the 101st General Assembly, the Director of the Illinois State
Police may appoint current Illinois State Police employees
Employees serving in law enforcement officer positions
previously within Central Management Services as State Police
officers Officers. These appointments shall be made in
accordance with the requirements of this subsection (d) and
any institutional criteria that may be established by the
Director, but are not subject to any other requirements of
this Act. All appointments under this subsection (d) shall be
made from personnel certified by the Board. A person certified
by the Board and appointed by the Director under this
subsection must have been employed by the a State state
agency, board, or commission on January 1, 2021, in a job title
subject to the Personnel Code and in a position for which the
person was eligible to earn "eligible creditable service" as a
"noncovered employee", as those terms are defined in Article
14 of the Illinois Pension Code. Persons appointed under this
subsection (d) shall thereafter be subject to the same
requirements, and subject to the same contractual benefits and
obligations, as other State police officers. This subsection
(d) does not affect or limit the Director's authority to
appoint other State Police officers under subsection (a) of
this Section.
    (e) The Merit Board shall review Illinois State Police
Cadet applicants. The Illinois State Police may provide
background check and investigation material to the Board for
its their review 10 pursuant to this Section section. The
Board shall approve and ensure that no cadet applicant is
certified unless the applicant is a person of good character
and has not been convicted of, or entered a plea of guilty to,
a felony offense, any of the misdemeanors specified in this
Section or if committed in any other state would be an offense
similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1,
11-14, 11-14.1, 11-30, 12-2, 12- 3.2, 12-3.5, 16-1, 17-1,
17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
violation of any Section section of Part E of Title III of the
Criminal Code of 1961 or the Criminal Code of 2012, 32-4a, or
32-7 of the Criminal Code of 1961 or the Criminal Code of 2012,
or subsection (a) of Section 17-32 of the Criminal Code of 1961
or the Criminal Code of 2012, to Section 5 or 5.2 of the
Cannabis Control Act, or any felony or misdemeanor in
violation of federal law or the law of any state that is the
equivalent of any of the offenses specified therein. The
Officer Professional Conduct Misconduct Database, provided for
in Section 9.2 of the Illinois Police Training Act, shall be
searched as part of this process. For purposes of this
Section, "convicted of, or entered a plea of guilty"
regardless of whether the adjudication of guilt or sentence is
withheld or not entered thereon. This includes sentences of
supervision, conditional discharge, or first offender
probation, or any similar disposition provided for by law.
    (f) The Board shall by rule establish an application fee
waiver program for any person who meets one or more of the
following criteria:
        (1) his or her available personal income is 200% or
    less of the current poverty level; or
        (2) he or she is, in the discretion of the Board,
    unable to proceed in an action with payment of application
    fee and payment of that fee would result in substantial
    hardship to the person or the person's family.
(Source: P.A. 101-374, eff. 1-1-20; 101-652, eff. 1-1-22;
102-538, eff 8-20-21; revised 11-22-21.)
 
    (20 ILCS 2610/12.6)
    Sec. 12.6. Automatic termination of Illinois State Police
officers. The Board shall terminate a State state police
officer convicted of a felony offense under the laws of this
State or any other state which if committed in this State would
be punishable as a felony. The Board must also terminate
Illinois State Police officers who were convicted of, or
entered a plea of guilty to, on or after the effective date of
this amendatory Act of the 101st General Assembly, any
misdemeanor specified in this Section or if committed in any
other state would be an offense similar to Section 11-1.50,
11-6, 11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1, 11-30, 12-2,
12-3.2, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3,
28-3, 29-1, any misdemeanor in violation of any Section
section of Part E of Title III of the Criminal Code of 1961 or
the Criminal Code of 2012, 32-4a, or 32-7 of the Criminal Code
of 1961 or the Criminal Code of 2012, or subsection (a) of
Section 17-32 of the Criminal Code of 1961 or the Criminal Code
of 2012, to Section 5 or 5.2 of the Cannabis Control Act, or
any felony or misdemeanor in violation of federal law or the
law of any state that is the equivalent of any of the offenses
specified therein. The Illinois State Police Merit Board shall
report terminations under this Section to the Officer
Professional Conduct Misconduct Database, provided in Section
9.2 of the Illinois Police Training Act. For purposes of this
Section, section "convicted of, or entered a plea of guilty"
regardless of whether the adjudication of guilt or sentence is
withheld or not entered thereon. This includes sentences of
supervision, conditional discharge, or first offender
probation, or any similar disposition provided for by law.
(Source: P.A. 101-652, eff. 1-1-22; revised 12-1-21.)
 
    (20 ILCS 2610/12.7)
    Sec. 12.7. Discretionary termination of Illinois State
Police officers.
    (a) Definitions. For purposes of this Section 12.7 6.3:
    "Duty to intervene" means an obligation to intervene to
prevent harm from occurring that arises when an officer is
present and has reason to know:
        (1) that excessive force is being used; or
        (2) that any constitutional violation has been
    committed by a law enforcement official; and the officer
    has a realistic opportunity to intervene.
    This duty applies equally to supervisory and
    nonsupervisory officers. If aid is required, the officer
    shall not, when reasonable to administer aid, knowingly
    and willingly refuse to render aid as defined by State or
    federal law. An officer does not violate this duty if the
    failure to render aid is due to circumstances such as lack
    of appropriate specialized training, lack of resources or
    equipment, or both, or if it is unsafe or impracticable to
    render aid.
    "Excessive use of force" means using force in violation of
State or federal law.
    "False statement" means:
        (1) any knowingly false statement provided on a form
    or report;
        (2) that the writer does not believe to be true; and
        (3) that the writer includes to mislead a public
    servant in performing that public servant's official
    functions.
    "Perjury" has the meaning as defined under Sections 32-2
and 32-3 of the Criminal Code of 2012.
    "Tampers with or fabricates evidence" means if a law
enforcement officer:
        (1) has reason to believe that an official proceeding
    is pending or may be instituted; and
        (2) alters, destroys, conceals, or removes any record,
    document, data, video or thing to impair its validity or
    availability in the proceeding.
    (b) Discretionary termination conduct. The Board may
terminate an Illinois State Police officer upon a
determination by the Board that the Illinois State Police
officer has:
        (1) committed an act that would constitute a felony or
    misdemeanor which could serve as basis for automatic
    decertification, whether or not the law enforcement
    officer was criminally prosecuted, and whether or not the
    law enforcement officer's employment was terminated;
        (2) exercised excessive use of force;
        (3) failed to comply with the officer's duty to
    intervene, including through acts or omission;
        (4) tampered with a dash camera or body-worn camera or
    data recorded by a dash camera or body-worn camera or
    directed another to tamper with or turn off a dash camera
    or body-worn camera or data recorded by a dash camera or
    body-worn camera for the purpose of concealing, destroying
    or altering potential evidence;
        (5) engaged in the following conduct relating to the
    reporting, investigation, or prosecution of a crime:
    committed perjury, made a false statement, or knowingly
    tampered with or fabricated evidence;
        (6) engaged in any unprofessional, unethical,
    deceptive, or deleterious conduct or practice harmful to
    the public; such conduct or practice need not have
    resulted in actual injury to any person. As used in this
    paragraph, the term "unprofessional conduct" shall include
    any departure from, or failure to conform to, the minimal
    standards of acceptable and prevailing practice of an
    officer.
    (c) (b) If an officer enters a plea of guilty, nolo
contendere, stipulates to the facts or is found guilty of a
violation of any law, or if there is any other Board or
judicial determination that will support any punitive measure
taken against the officer, such action by the officer or
judicial entity may be considered for the purposes of this
Section. Termination under this Section shall be by clear and
convincing evidence. If the Board votes to terminate, the
Board shall put its decision in writing, setting forth the
specific reasons for its decision. Final decisions under this
Section are reviewable under the Administrative Review Law.
    (d) (c) The Illinois State Police Merit Board shall report
all terminations under this Section to the Officer
Professional Conduct Misconduct Database, provided in Section
9.2 of the Illinois Police Training Act.
    (e) (d) Nothing in this Act shall require an Illinois
State Police officer to waive any applicable constitutional
rights.
    (f) (e) Nothing in this Section shall prohibit the Merit
Board from administering discipline up to and including
termination for violations of Illinois State Police policies
and procedures pursuant to other Sections sections of this
Act.
(Source: P.A. 101-652, eff. 1-1-22; revised 12-1-21.)
 
    (20 ILCS 2610/14)  (from Ch. 121, par. 307.14)
    Sec. 14. Except as is otherwise provided in this Act, no
Illinois State Police officer shall be removed, demoted, or
suspended except for cause, upon written charges filed with
the Board by the Director and a hearing before the Board
thereon upon not less than 10 days' notice at a place to be
designated by the chairman thereof. At such hearing, the
accused shall be afforded full opportunity to be heard in his
or her own defense and to produce proof in his or her defense.
It shall not be a requirement of a person filing a complaint
against a State Police officer Officer to have a complaint
supported by a sworn affidavit or any other legal
documentation. This ban on an affidavit requirement shall
apply to any collective bargaining agreements entered after
the effective date of this provision.
    Before any such officer may be interrogated or examined by
or before the Board, or by an Illinois State Police agent or
investigator specifically assigned to conduct an internal
investigation, the results of which hearing, interrogation, or
examination may be the basis for filing charges seeking his or
her suspension for more than 15 days or his or her removal or
discharge, he or she shall be advised in writing as to what
specific improper or illegal act he or she is alleged to have
committed; he or she shall be advised in writing that his or
her admissions made in the course of the hearing,
interrogation, or examination may be used as the basis for
charges seeking his or her suspension, removal, or discharge;
and he or she shall be advised in writing that he or she has a
right to counsel of his or her choosing, who may be present to
advise him or her at any hearing, interrogation, or
examination. A complete record of any hearing, interrogation,
or examination shall be made, and a complete transcript or
electronic recording thereof shall be made available to such
officer without charge and without delay.
    The Board shall have the power to secure by its subpoena
both the attendance and testimony of witnesses and the
production of books and papers in support of the charges and
for the defense. Each member of the Board or a designated
hearing officer shall have the power to administer oaths or
affirmations. If the charges against an accused are
established by a preponderance of evidence, the Board shall
make a finding of guilty and order either removal, demotion,
suspension for a period of not more than 180 days, or such
other disciplinary punishment as may be prescribed by the
rules and regulations of the Board which, in the opinion of the
members thereof, the offense merits. Thereupon the Director
shall direct such removal or other punishment as ordered by
the Board and if the accused refuses to abide by any such
disciplinary order, the Director shall remove him or her
forthwith.
    If the accused is found not guilty or has served a period
of suspension greater than prescribed by the Board, the Board
shall order that the officer receive compensation for the
period involved. The award of compensation shall include
interest at the rate of 7% per annum.
    The Board may include in its order appropriate sanctions
based upon the Board's rules and regulations. If the Board
finds that a party has made allegations or denials without
reasonable cause or has engaged in frivolous litigation for
the purpose of delay or needless increase in the cost of
litigation, it may order that party to pay the other party's
reasonable expenses, including costs and reasonable attorney's
fees. The State of Illinois and the Illinois State Police
shall be subject to these sanctions in the same manner as other
parties.
    In case of the neglect or refusal of any person to obey a
subpoena issued by the Board, any circuit court, upon
application of any member of the Board, may order such person
to appear before the Board and give testimony or produce
evidence, and any failure to obey such order is punishable by
the court as a contempt thereof.
    The provisions of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings
for the judicial review of any order of the Board rendered
pursuant to the provisions of this Section.
    Notwithstanding the provisions of this Section, a policy
making officer, as defined in the Employee Rights Violation
Act, of the Illinois State Police shall be discharged from the
Illinois State Police as provided in the Employee Rights
Violation Act, enacted by the 85th General Assembly.
(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
revised 10-4-21.)
 
    (20 ILCS 2610/46)
    Sec. 46. Officer Professional Conduct Database; reporting,
transparency.
    (a) The Illinois State Police Merit Board shall be
responsible for reporting all required information contained
in the Officer Professional Conduct Misconduct Database,
provided in Section 9.2 of the Illinois Police Training Act.
    (b) Before the Illinois State Police Merit Board certifies
any Illinois State Police Cadet the Board shall conduct a
search of all Illinois State Police Cadet applicants in the
Officer Professional Conduct Database.
    (c) The database, documents, materials, or other
information in the possession or control of the Board that are
obtained by or disclosed to the Board pursuant to this
subsection shall be confidential by law and privileged, shall
not be subject to subpoena, and shall not be subject to
discovery or admissible in evidence in any private civil
action. However, the Board is authorized to use such
documents, materials, or other information in furtherance of
any regulatory or legal action brought as part of the Board's
official duties. Unless otherwise required by law, the Board
shall not disclose the database or make such documents,
materials, or other information public without the prior
written consent of the governmental agency and the law
enforcement officer. The Board nor any person who received
documents, materials or other information shared pursuant to
this subsection shall be required to testify in any private
civil action concerning the database or any confidential
documents, materials, or information subject to this
subsection.
    Nothing in this Section shall exempt a governmental agency
from disclosing public records in accordance with the Freedom
of Information Act.
(Source: P.A. 101-652, eff. 1-1-22; revised 12-1-21.)
 
    Section 180. 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 and 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 them in the following Sections of the
        Unified Code of Corrections, 730 ILCS 5/5-1-2 through
        5/5-1-22:
                (i) Business Offense, Section 5-1-2. (730 ILCS
            5/5-1-2),
                (ii) Charge, Section 5-1-3. (730 ILCS
            5/5-1-3),
                (iii) Court, Section 5-1-6. (730 ILCS
            5/5-1-6),
                (iv) Defendant, Section 5-1-7. (730 ILCS
            5/5-1-7),
                (v) Felony, Section 5-1-9. (730 ILCS 5/5-1-9),
                (vi) Imprisonment, Section 5-1-10. (730 ILCS
            5/5-1-10),
                (vii) Judgment, Section 5-1-12. (730 ILCS
            5/5-1-12),
                (viii) Misdemeanor, Section 5-1-14. (730 ILCS
            5/5-1-14),
                (ix) Offense, Section 5-1-15. (730 ILCS
            5/5-1-15),
                (x) Parole, Section 5-1-16. (730 ILCS
            5/5-1-16),
                (xi) Petty Offense, Section 5-1-17. (730 ILCS
            5/5-1-17),
                (xii) Probation, Section 5-1-18. (730 ILCS
            5/5-1-18),
                (xiii) Sentence, Section 5-1-19. (730 ILCS
            5/5-1-19),
                (xiv) Supervision, Section 5-1-21. (730 ILCS
            5/5-1-21), and
                (xv) Victim, Section 5-1-22. (730 ILCS
            5/5-1-22).
            (B) As used in this Section, "charge not initiated
        by arrest" means a charge (as defined by Section 5-1-3
        of the Unified Code of Corrections 730 ILCS 5/5-1-3)
        brought against a defendant where the defendant is not
        arrested prior to or as a direct result of the charge.
            (C) "Conviction" means a judgment of conviction or
        sentence entered upon a plea of guilty or upon a
        verdict or finding of guilty of an offense, 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 successfully
        completed by the petitioner is not a conviction. An
        order of qualified probation (as defined in subsection
        (a)(1)(J)) successfully completed 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, vacated, or
        modified and the judgment of conviction, if any, is
        reversed or vacated.
            (D) "Criminal offense" means a petty offense,
        business offense, misdemeanor, felony, or municipal
        ordinance violation (as defined in subsection
        (a)(1)(H)). As used in this Section, a minor traffic
        offense (as defined in subsection (a)(1)(G)) shall not
        be considered a criminal offense.
            (E) "Expunge" means to physically destroy the
        records or return them to the petitioner and to
        obliterate the petitioner's name from any official
        index or public record, or both. Nothing in this Act
        shall require the physical destruction of the circuit
        court file, but such records relating to arrests or
        charges, or both, ordered expunged 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 supervision, or order of
        qualified probation (as defined by subsection
        (a)(1)(J)), for a criminal offense (as defined by
        subsection (a)(1)(D)) that terminates last in time in
        any jurisdiction, regardless of whether the petitioner
        has included the criminal offense for which the
        sentence or order of supervision or qualified
        probation was imposed in his or her petition. If
        multiple 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 run concurrently.
            (G) "Minor traffic offense" means a petty offense,
        business offense, or Class C misdemeanor under the
        Illinois Vehicle Code or a similar provision of a
        municipal or local ordinance.
            (G-5) "Minor Cannabis Offense" means a violation
        of Section 4 or 5 of the Cannabis Control Act
        concerning not more than 30 grams of any substance
        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 other disposition for a violent
        crime as defined in subsection (c) of Section 3 of the
        Rights of Crime Victims and Witnesses Act.
            (H) "Municipal ordinance violation" means an
        offense defined by a municipal or local ordinance that
        is criminal in nature and with which the petitioner
        was charged or for which the petitioner was arrested
        and released without charging.
            (I) "Petitioner" means an adult or a minor
        prosecuted as an adult who has applied for relief
        under this Section.
            (J) "Qualified probation" means an order of
        probation under Section 10 of the Cannabis Control
        Act, Section 410 of 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 provisions existed before their deletion by
        Public Act 89-313), Section 10-102 of the Illinois
        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 under 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 probation was terminated satisfactorily and
        the judgment of conviction was vacated.
            (K) "Seal" means to physically and electronically
        maintain the records, unless the records would
        otherwise be destroyed due to age, but to make the
        records unavailable without a court order, subject to
        the exceptions in Sections 12 and 13 of this Act. The
        petitioner's name shall also be obliterated from the
        official index required to be kept by the circuit
        court clerk under Section 16 of the Clerks of Courts
        Act, but any index issued by the circuit court clerk
        before the entry of the order to seal shall not be
        affected.
            (L) "Sexual offense committed against a minor"
        includes, but is not limited to, the offenses of
        indecent solicitation of a child or criminal 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 supervision or qualified probation includes
        either satisfactory or unsatisfactory termination of
        the sentence, unless otherwise specified in this
        Section. A sentence is terminated notwithstanding any
        outstanding financial legal obligation.
        (2) Minor Traffic Offenses. Orders of supervision or
    convictions for minor traffic offenses shall not affect a
    petitioner's eligibility to expunge or seal records
    pursuant to this Section.
        (2.5) Commencing 180 days after July 29, 2016 (the
    effective date of Public Act 99-697), the law enforcement
    agency issuing the citation shall automatically expunge,
    on or before January 1 and July 1 of each year, the law
    enforcement records of a person found 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 Paraphernalia Control Act in the law enforcement
    agency's possession or control and which contains the
    final satisfactory disposition which pertain to the person
    issued a citation 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 issuing 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 the 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 person 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 Paraphernalia Control Act in the
    clerk's possession or control and which contains the final
    satisfactory disposition which pertain to the person
    issued a citation for any of those offenses.
        (3) Exclusions. Except as otherwise provided in
    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
    of this Section, the court shall not order:
            (A) the sealing or expungement of the records of
        arrests or charges not initiated by arrest that result
        in an order of supervision for or conviction of: (i)
        any sexual offense committed against a minor; (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, unless the
        arrest or charge is for a misdemeanor violation of
        subsection (a) of Section 11-503 or a similar
        provision of a local ordinance, that occurred prior to
        the offender reaching the age of 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 provision of a local ordinance.
            (B) the sealing or expungement of records of minor
        traffic offenses (as defined in subsection (a)(1)(G)),
        unless the petitioner was arrested and released
        without charging.
            (C) the sealing of the records of arrests or
        charges not initiated by arrest which result in an
        order of supervision or a conviction for the following
        offenses:
                (i) offenses included in Article 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 and a misdemeanor violation
            of Section 11-30 of the Criminal 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, or 48-1 of the Criminal Code of 1961 or the
            Criminal Code of 2012, or a similar provision of a
            local ordinance;
                (iii) Sections 12-3.1 or 12-3.2 of the
            Criminal Code of 1961 or 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 misdemeanors or felony offenses
            under the Humane Care for Animals Act; or
                (v) any offense or attempted offense that
            would subject a person to registration under the
            Sex Offender Registration Act.
            (D) (blank).
    (b) Expungement.
        (1) A petitioner may petition the circuit court to
    expunge the records of his or her arrests and charges not
    initiated by arrest when each arrest or charge not
    initiated by arrest sought to be expunged resulted in: (i)
    acquittal, dismissal, or the petitioner's release without
    charging, unless excluded by subsection (a)(3)(B); (ii) a
    conviction which was vacated or reversed, unless excluded
    by subsection (a)(3)(B); (iii) an order of supervision and
    such supervision was successfully completed by the
    petitioner, unless excluded by subsection (a)(3)(A) or
    (a)(3)(B); or (iv) an order of qualified probation (as
    defined in subsection (a)(1)(J)) and such probation was
    successfully completed by the petitioner.
        (1.5) When a petitioner seeks to have a record of
    arrest expunged under this Section, and the offender has
    been convicted of a criminal offense, the State'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 petition to expunge.
            (A) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an acquittal,
        dismissal, the petitioner's release without charging,
        or the reversal or vacation of a conviction, there is
        no waiting period to petition for the expungement of
        such records.
            (B) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an order of
        supervision, successfully completed by the petitioner,
        the following time frames will apply:
                (i) Those arrests or charges that resulted in
            orders of supervision under Section 3-707, 3-708,
            3-710, or 5-401.3 of the Illinois Vehicle Code 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 2012, or a
            similar provision of a local ordinance, shall not
            be eligible for expungement until 5 years have
            passed following the satisfactory termination of
            the supervision.
                (i-5) Those arrests or charges that resulted
            in orders of supervision for a misdemeanor
            violation of subsection (a) of Section 11-503 of
            the Illinois Vehicle Code or a similar provision
            of a local ordinance, that occurred prior to the
            offender reaching the age of 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 provision of a local ordinance
            shall not be eligible for expungement until the
            petitioner has reached the age of 25 years.
                (ii) Those arrests or charges that resulted in
            orders of supervision for any other offenses shall
            not be eligible for expungement until 2 years have
            passed following the satisfactory termination of
            the supervision.
            (C) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an order of
        qualified probation, successfully completed by the
        petitioner, such records shall not be eligible for
        expungement until 5 years have passed following the
        satisfactory termination of the probation.
        (3) Those records maintained by the Illinois State
    Police Department for persons arrested prior to their 17th
    birthday shall be expunged as provided in Section 5-915 of
    the Juvenile Court Act of 1987.
        (4) Whenever a person has been arrested for or
    convicted of any offense, in the name of a person whose
    identity he or she has stolen or otherwise come into
    possession of, the aggrieved person from whom the identity
    was stolen or otherwise obtained without authorization,
    upon learning of the person having been arrested using his
    or her identity, may, upon verified petition to the chief
    judge of the 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 official records of the arresting authority, the
    Illinois State Police Department, 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 in connection with the arrest and conviction,
    if any, and by inserting in the records the name of the
    offender, if known or ascertainable, in lieu of the
    aggrieved's name. The records of the circuit court clerk
    shall be sealed until further order of the court upon good
    cause shown and the name of the aggrieved person
    obliterated on the official index required to be kept by
    the circuit court clerk under Section 16 of the Clerks of
    Courts Act, but the order shall not affect any index
    issued by the circuit court clerk before the entry of the
    order. Nothing in this Section shall limit the Illinois
    Department of State Police or other criminal justice
    agencies or prosecutors from listing under an offender's
    name the false names he or she has used.
        (5) Whenever a person has been convicted of criminal
    sexual assault, aggravated criminal sexual assault,
    predatory criminal sexual assault of a child, criminal
    sexual abuse, or aggravated criminal sexual abuse, the
    victim of that offense may request that the State's
    Attorney of the county in which the conviction occurred
    file a verified petition 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 proceedings of the trial court concerning that
    offense. However, the records of the arresting authority
    and the Illinois Department of State Police concerning the
    offense shall not be sealed. The court, upon good cause
    shown, shall make the records of the circuit court clerk
    in connection with the proceedings of the trial court
    concerning the offense available for public inspection.
        (6) If a conviction has been set aside on direct
    review or on collateral attack and the court determines by
    clear and convincing evidence that the petitioner was
    factually innocent of the charge, the court that finds the
    petitioner factually innocent of the charge shall enter an
    expungement order for the conviction for which the
    petitioner has been determined to be innocent as provided
    in subsection (b) of Section 5-5-4 of the Unified Code of
    Corrections.
        (7) Nothing in this Section shall prevent the Illinois
    Department of State Police from maintaining all records of
    any person who is admitted to probation upon terms and
    conditions and who fulfills those terms and conditions
    pursuant to Section 10 of the Cannabis Control Act,
    Section 410 of 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 or subdivision (b)(1)
    of Section 12-3.05 of the Criminal Code of 1961 or the
    Criminal Code of 2012, Section 10-102 of the Illinois
    Alcoholism and Other Drug Dependency Act, Section 40-10 of
    the Substance Use Disorder Act, or Section 10 of the
    Steroid Control Act.
        (8) If the petitioner has been granted a certificate
    of innocence under Section 2-702 of the Code of Civil
    Procedure, the court that grants the certificate of
    innocence shall also enter an order expunging the
    conviction for which the petitioner has been determined to
    be innocent as provided in subsection (h) of Section 2-702
    of the Code of Civil Procedure.
    (c) Sealing.
        (1) Applicability. 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 adults. Subsection (g) of this
    Section provides for immediate sealing of certain records.
        (2) Eligible Records. The following records may be
    sealed:
            (A) All arrests resulting in release without
        charging;
            (B) Arrests or charges not initiated by arrest
        resulting in acquittal, dismissal, or conviction when
        the conviction was reversed or vacated, except as
        excluded by subsection (a)(3)(B);
            (C) Arrests or charges not initiated by arrest
        resulting in orders of supervision, including orders
        of supervision for municipal ordinance violations,
        successfully completed by the petitioner, unless
        excluded by subsection (a)(3);
            (D) Arrests or charges not initiated by arrest
        resulting in convictions, including convictions on
        municipal ordinance violations, unless excluded by
        subsection (a)(3);
            (E) Arrests or charges not initiated by arrest
        resulting in orders of first offender probation under
        Section 10 of the Cannabis Control Act, Section 410 of
        the Illinois Controlled Substances Act, Section 70 of
        the Methamphetamine Control and Community Protection
        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 convictions unless otherwise
        excluded by subsection (a) paragraph (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
        subsection (c)(2)(A) and (c)(2)(B) may be sealed at
        any time.
            (B) Except as otherwise provided in subparagraph
        (E) of this paragraph (3), records identified as
        eligible under subsection (c)(2)(C) may be sealed 2
        years after the termination of petitioner's last
        sentence (as defined in subsection (a)(1)(F)).
            (C) Except as otherwise provided in subparagraph
        (E) of this paragraph (3), records identified as
        eligible under subsections (c)(2)(D), (c)(2)(E), and
        (c)(2)(F) may be sealed 3 years after the termination
        of the petitioner's last sentence (as defined in
        subsection (a)(1)(F)). Convictions requiring public
        registration under the Arsonist Registration Act, the
        Sex Offender Registration Act, or the Murderer and
        Violent Offender Against Youth Registration Act may
        not be sealed until the petitioner is no longer
        required to register under that relevant Act.
            (D) Records identified in subsection
        (a)(3)(A)(iii) may be sealed after the petitioner has
        reached the age of 25 years.
            (E) Records identified as eligible under
        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
        (c)(2)(F) may be sealed upon termination of the
        petitioner's last sentence if the petitioner earned a
        high school diploma, associate's degree, career
        certificate, vocational technical certification, or
        bachelor's degree, or passed the high school level
        Test of General Educational Development, during the
        period of his or her sentence or mandatory supervised
        release. This subparagraph shall apply only to a
        petitioner who has not completed the same educational
        goal prior to the period of his or her sentence or
        mandatory supervised release. If a petition for
        sealing eligible records filed under this subparagraph
        is denied by the court, the time periods under
        subparagraph (B) or (C) shall 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
    provided in this subsection (c) if he or she is convicted
    of any felony offense after the date of the sealing of
    prior felony convictions as provided in this subsection
    (c). The court may, upon conviction for a subsequent
    felony offense, order the unsealing of prior felony
    conviction records previously ordered sealed by the court.
        (5) Notice of eligibility for sealing. Upon entry of a
    disposition for an eligible record under this subsection
    (c), the petitioner shall be informed by the court of the
    right to have the records sealed and the procedures for
    the sealing of the records.
    (d) Procedure. The following procedures 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
    petition for the expungement or sealing of records under
    this Section, 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
    charges were brought in multiple jurisdictions, a petition
    must be filed in each such jurisdiction. The petitioner
    shall pay the applicable fee, except no fee shall be
    required if the petitioner has obtained a court order
    waiving fees under Supreme Court Rule 298 or it is
    otherwise waived.
        (1.5) County fee waiver pilot program. From August 9,
    2019 (the effective date of Public Act 101-306) through
    December 31, 2020, in a county of 3,000,000 or more
    inhabitants, no fee shall be required to be paid by a
    petitioner if the records sought to be expunged or sealed
    were arrests resulting in release without charging or
    arrests or charges not initiated by arrest resulting in
    acquittal, dismissal, or conviction when the conviction
    was reversed or vacated, unless excluded by subsection
    (a)(3)(B). The provisions of this paragraph (1.5), other
    than this sentence, are inoperative on and after January
    1, 2022.
        (2) Contents of petition. The petition shall be
    verified and shall contain the petitioner's name, date of
    birth, current address and, for each arrest or charge not
    initiated by arrest sought to be sealed or expunged, the
    case number, the date of arrest (if any), the identity of
    the arresting 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 change of his or her address. If the
    petitioner has received a certificate of eligibility for
    sealing from the Prisoner Review Board under paragraph
    (10) of subsection (a) of Section 3-3-2 of the Unified
    Code of Corrections, the certificate shall be attached to
    the petition.
        (3) Drug test. The petitioner must attach to the
    petition proof that the petitioner has passed a test taken
    within 30 days before the filing of the petition showing
    the absence within his or her body of all illegal
    substances as defined by the Illinois Controlled
    Substances Act, the Methamphetamine Control and Community
    Protection Act, and the Cannabis Control 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
        Illinois Controlled Substances Act, the
        Methamphetamine Control and Community Protection Act,
        or the Cannabis Control Act under clause (c)(2)(F);
            (C) seal felony records under subsection (e-5); or
            (D) expunge felony records of a qualified
        probation under clause (b)(1)(iv).
        (4) Service of petition. The circuit court clerk shall
    promptly serve a copy of the petition and documentation to
    support the petition under subsection (e-5) or (e-6) on
    the State's Attorney or prosecutor charged with the duty
    of prosecuting the offense, the Illinois Department of
    State Police, the arresting agency and the chief legal
    officer of the unit of local government effecting the
    arrest.
        (5) Objections.
            (A) Any party entitled to notice of the petition
        may file an objection to the petition. All objections
        shall be in writing, shall be filed with the circuit
        court clerk, and shall state with specificity the
        basis of the objection. Whenever a person who has been
        convicted of an offense is granted a pardon by the
        Governor which specifically authorizes expungement, an
        objection to the petition may not be filed.
            (B) Objections to a petition to expunge 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 that circuit
        designated by the Chief Judge, or in counties of less
        than 3,000,000 inhabitants, the presiding trial judge
        at the petitioner's trial, if any, shall rule on the
        petition to expunge or seal as set forth in this
        subsection (d)(6).
            (B) Unless the State's Attorney or prosecutor, the
        Illinois Department of State Police, the arresting
        agency, or the chief legal officer files an objection
        to the petition to expunge or seal within 60 days from
        the date of service of the petition, the court shall
        enter an order granting or denying the petition.
            (C) Notwithstanding any other provision of law,
        the court shall not deny a petition for sealing under
        this Section because the petitioner has not satisfied
        an outstanding legal financial obligation established,
        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
        legal financial obligation does not include any court
        ordered restitution to a victim under Section 5-5-6 of
        the Unified Code of Corrections, unless the
        restitution has been converted to a civil judgment.
        Nothing in this subparagraph (C) waives, rescinds, or
        abrogates a legal financial obligation or otherwise
        eliminates or affects the right of the holder of any
        financial obligation to pursue collection under
        applicable federal, State, or local law.
        (7) Hearings. If an objection is filed, the court
    shall set a date for a hearing and notify the petitioner
    and all parties entitled 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 State Police Department as to the
    appropriateness of the relief sought in the petition to
    expunge or seal. At the hearing, the 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 evidence presented at the
    hearing. The court may consider the following:
            (A) the strength of the evidence supporting the
        defendant's conviction;
            (B) the reasons for retention of the conviction
        records by the State;
            (C) the petitioner's age, criminal record history,
        and employment history;
            (D) the period of time between the petitioner's
        arrest on the charge resulting in the conviction and
        the filing of the petition under this Section; and
            (E) the specific adverse consequences the
        petitioner may be subject to if the petition is
        denied.
        (8) Service of order. After entering an order to
    expunge or seal records, the court must provide copies of
    the order to the Illinois State Police Department, in a
    form and manner prescribed by the Illinois State Police
    Department, to the petitioner, to the State's Attorney or
    prosecutor 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 expunge records
        pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
        both:
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency,
            the Illinois State Police Department, 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 reconsider the order
            is filed pursuant to paragraph (12) of subsection
            (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the
            court upon good cause shown and the name of the
            petitioner obliterated on the official index
            required to be kept by the circuit court clerk
            under Section 16 of the Clerks of Courts Act, but
            the order shall not affect any index issued by the
            circuit court clerk before the entry of the order;
            and
                (iii) in response to an inquiry for expunged
            records, the court, the Illinois State Police
            Department, or the agency receiving such inquiry,
            shall reply as it does in response to inquiries
            when no records ever existed.
            (B) Upon entry of an order 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 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 reconsider
            the order is filed pursuant to paragraph (12) of
            subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the
            court upon good cause shown and the name of the
            petitioner obliterated on the official index
            required to be kept by the circuit court clerk
            under Section 16 of the Clerks of Courts Act, but
            the order shall not affect 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 Department within 60 days of
            the date of service of the order as ordered by the
            court, unless a motion to vacate, modify, or
            reconsider the order is filed pursuant to
            paragraph (12) of subsection (d) of this Section;
                (iv) records impounded by the Illinois State
            Police Department may be disseminated by the
            Illinois State Police Department only as required
            by law or to the arresting authority, the State's
            Attorney, and the court upon a later arrest for
            the same or a similar offense or for the purpose of
            sentencing for any subsequent felony, and to the
            Department of Corrections upon conviction 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
            Department, or the agency receiving such inquiry
            shall reply as it does in response to inquiries
            when no records ever existed.
            (B-5) Upon entry of an order to expunge records
        under 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 reconsider
            the order is filed under paragraph (12) of
            subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the
            court upon good cause shown and the name of the
            petitioner obliterated on the official index
            required to be kept by the circuit court clerk
            under Section 16 of the Clerks of Courts Act, but
            the order shall not affect 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 Department within 60 days of
            the date of service of the order as ordered by the
            court, unless a motion to vacate, modify, or
            reconsider the order is filed under paragraph (12)
            of subsection (d) of this Section;
                (iv) records impounded by the Illinois State
            Police Department may be disseminated by the
            Illinois State Police Department only as required
            by law or to the arresting authority, the State's
            Attorney, and the court upon a later arrest for
            the same or a similar offense or for the purpose of
            sentencing for any subsequent 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 law to
            access the records, the court, the Illinois State
            Police Department, or the agency receiving the
            inquiry shall reply as it does in response to
            inquiries when no records ever existed.
            (C) Upon entry of an order to seal records under
        subsection (c), the arresting agency, any other agency
        as ordered by the court, the Illinois State Police
        Department, and the court shall seal the records (as
        defined in subsection (a)(1)(K)). In response to an
        inquiry for such records, from anyone not authorized
        by law to access such records, the court, the Illinois
        State Police Department, or the agency receiving such
        inquiry shall reply as it does in response to
        inquiries when no records ever existed.
            (D) The Illinois State Police Department shall
        send written 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,
        within 60 days of service of the order resolving the
        motion, if that order requires the Illinois State
        Police Department to expunge or seal records. In the
        event of an appeal from the circuit court order, the
        Illinois State Police Department shall send written
        notice to the petitioner of its compliance with an
        Appellate Court or Supreme Court judgment to expunge
        or seal records within 60 days of the issuance of the
        court's mandate. The notice is not required while any
        motion to vacate, modify, or reconsider, or any appeal
        or petition for discretionary appellate review, is
        pending.
            (E) Upon motion, the court may order that a sealed
        judgment or other court record necessary to
        demonstrate the amount of any legal financial
        obligation due and owing be made available for the
        limited purpose of collecting any legal financial
        obligations owed by the petitioner that were
        established, imposed, or originated in the criminal
        proceeding for which those records have been sealed.
        The records made available under this subparagraph (E)
        shall 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 outstanding
        financial obligations.
            (F) Notwithstanding any other provision of this
        Section, a circuit court clerk may access a sealed
        record for the limited purpose of collecting payment
        for any legal financial obligations that were
        established, imposed, or originated in the criminal
        proceedings for which those records have been sealed.
        (10) Fees. The Illinois State Police Department may
    charge the petitioner a fee equivalent to the cost of
    processing any order to expunge or seal records.
    Notwithstanding any provision of the Clerks of Courts Act
    to the contrary, the circuit court clerk may charge a fee
    equivalent to the cost associated with the sealing or
    expungement of records by the circuit 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 Operation and Administrative Fund,
    to be used to offset the 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 Department of State Police portion of the fee to
    the State Treasurer and it shall be deposited in the State
    Police Services 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 shall be waived.
        (11) Final Order. No court order issued under the
    expungement or sealing provisions of this Section shall
    become final for purposes of appeal until 30 days after
    service of the order on the petitioner and all parties
    entitled to notice of the petition.
        (12) Motion to Vacate, Modify, or Reconsider. Under
    Section 2-1203 of the Code of Civil Procedure, the
    petitioner or any party entitled to notice may file a
    motion to vacate, modify, or reconsider the order granting
    or denying the petition to expunge or 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 comply with subsection (c) of Section
    2-1401 of the Code of Civil Procedure. Upon filing of a
    motion to vacate, modify, or reconsider, notice of the
    motion shall be served upon the petitioner and all parties
    entitled to notice of the petition.
        (13) Effect of Order. An order granting a petition
    under 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 terms based on a motion filed
    under paragraph (12) of this subsection (d).
        (14) Compliance with Order Granting Petition to Seal
    Records. Unless a court has entered a stay of an order
    granting a petition to seal, all parties entitled to
    notice of the petition must fully comply with the terms of
    the order 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
    appealing the order.
        (15) Compliance with Order Granting Petition to
    Expunge Records. While a party is seeking relief from the
    order granting 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 entered a stay
    of that order, the parties entitled to notice of the
    petition must seal, but need not expunge, the records
    until there is a final order on the motion for relief or,
    in the case 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 (the effective date of Public Act 98-163) and to all
    orders ruling on a petition to expunge or seal on or after
    August 5, 2013 (the effective date of Public Act 98-163).
    (e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, 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 designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police
Department 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 index requested
to be kept by the circuit court clerk under Section 16 of the
Clerks of Courts Act in connection with the arrest and
conviction for the offense for which he or she had been
pardoned but the order shall not affect any index issued by the
circuit court clerk before the entry of the order. All records
sealed by the Illinois State Police Department may be
disseminated by the Illinois State Police Department only to
the arresting authority, 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 felony. Upon
conviction for any subsequent offense, the Department of
Corrections shall have access to all sealed records of the
Illinois State Police Department pertaining to that
individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
    (e-5) Whenever a person who has been convicted of an
offense is granted a certificate 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 designated 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 sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Illinois State Police Department
be sealed until further order of the court upon good cause
shown or as otherwise provided herein, and the name of the
petitioner obliterated from the official index requested to be
kept by the circuit court clerk under Section 16 of the Clerks
of Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police Department may be
disseminated by the Illinois State Police Department only as
required by this Act or to the arresting authority, 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 felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Illinois State Police
Department pertaining to that individual. Upon entry of the
order of sealing, the circuit court clerk shall promptly mail
a copy of the order to the person who was granted the
certificate of eligibility for sealing.
    (e-6) Whenever a person who has been convicted of an
offense is granted a certificate 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 where the person had been
convicted, any judge of the circuit designated 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 record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police
Department be sealed until further order of the court upon
good cause shown or as otherwise provided herein, and the name
of the petitioner obliterated from the official index
requested to be kept by the circuit court clerk under Section
16 of the Clerks of Courts Act in connection with the arrest
and conviction for the offense for which he or she had been
granted the certificate but the order shall not affect any
index issued by the circuit court clerk before the entry of the
order. All records sealed by the Illinois State Police
Department may be disseminated by the Illinois State Police
Department only as required by this Act or to the arresting
authority, 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 felony.
Upon conviction for any subsequent offense, the Department of
Corrections shall have access to all expunged records of the
Illinois State Police Department pertaining to that
individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was granted the certificate of eligibility for
expungement.
    (f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of
the Illinois Department of Corrections, records of the
Illinois Department of Employment Security shall be utilized
as appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
    (g) Immediate Sealing.
        (1) Applicability. Notwithstanding any other provision
    of this Act to the contrary, and cumulative with any
    rights to expungement or sealing of criminal records, this
    subsection authorizes the immediate sealing of criminal
    records of adults and of minors prosecuted as adults.
        (2) Eligible Records. Arrests or charges not initiated
    by arrest resulting 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 immediately if the
    petition is filed with the circuit court clerk on the same
    day and during the same hearing in which the case is
    disposed.
        (3) When Records are Eligible to be Immediately
    Sealed. Eligible records under paragraph (2) of this
    subsection (g) may be sealed immediately after entry of
    the final disposition of a case, notwithstanding the
    disposition of other charges in the same case.
        (4) Notice of Eligibility for Immediate Sealing. Upon
    entry of a disposition for an eligible record under this
    subsection (g), the defendant shall be informed by the
    court of his or her right to have eligible records
    immediately sealed and the procedure for the immediate
    sealing of these records.
        (5) Procedure. The following procedures apply to
    immediate sealing under this subsection (g).
            (A) Filing the Petition. Upon entry of the final
        disposition of the case, the defendant's attorney may
        immediately petition the court, on behalf of the
        defendant, for immediate sealing of eligible records
        under paragraph (2) of this subsection (g) that are
        entered on or after January 1, 2018 (the effective
        date 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 immediate sealing during the
        hearing, the defendant may file a petition for sealing
        at any time as authorized under subsection (c)(3)(A).
            (B) Contents of Petition. The immediate sealing
        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 date of
        arrest if applicable, the identity of the arresting
        authority if applicable, and other information as the
        court may require.
            (C) Drug Test. The petitioner shall not 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 on the State's Attorney in open court.
        The petitioner shall not be required to serve a copy of
        the petition on any other agency.
            (E) Entry of Order. The presiding trial judge
        shall enter an order granting or denying the petition
        for immediate 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 shall hear the petition
        for immediate sealing on the same day and during the
        same hearing in which the disposition is rendered.
            (G) Service of Order. An order to immediately seal
        eligible records shall be served in conformance with
        subsection (d)(8).
            (H) Implementation of Order. An order to
        immediately seal records shall be implemented in
        conformance with subsections (d)(9)(C) and (d)(9)(D).
            (I) Fees. The fee imposed by the circuit court
        clerk and the Illinois Department of State Police
        shall comply with paragraph (1) of subsection (d) of
        this Section.
            (J) Final Order. 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 entitled to service of the
        order in conformance with subsection (d)(8).
            (K) Motion to Vacate, Modify, or Reconsider. Under
        Section 2-1203 of the Code of Civil Procedure, the
        petitioner, State's Attorney, or the Illinois
        Department of State Police may file a motion to
        vacate, modify, or reconsider the order denying the
        petition to immediately 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 comply with subsection (c) of Section
        2-1401 of the Code of Civil Procedure.
            (L) Effect of Order. An order granting 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
        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 terms based on a motion filed under
        subparagraph (L) of this subsection (g).
            (M) Compliance with Order Granting Petition to
        Seal Records. Unless a court has entered a stay of an
        order granting a petition to immediately seal, all
        parties entitled to service of the order must fully
        comply with the terms of the order within 60 days of
        service of the order.
    (h) Sealing; trafficking victims.
        (1) A trafficking victim as defined by paragraph (10)
    of subsection (a) of Section 10-9 of the Criminal Code of
    2012 shall be eligible to petition for immediate sealing
    of his or her criminal record upon the completion of his or
    her last sentence if his or her participation in the
    underlying offense was a direct result of human
    trafficking under Section 10-9 of the Criminal Code of
    2012 or a severe form of trafficking under the federal
    Trafficking Victims Protection Act.
        (2) A petitioner under this subsection (h), in
    addition to the requirements provided under paragraph (4)
    of subsection (d) of this Section, shall include in his or
    her petition a clear and concise statement that: (A) he or
    she was a victim of human trafficking at the time of the
    offense; and (B) that his or her participation in the
    offense was a direct result of human trafficking under
    Section 10-9 of the Criminal Code of 2012 or a severe form
    of trafficking under the federal Trafficking Victims
    Protection Act.
        (3) If an objection is filed alleging that the
    petitioner is not entitled to immediate sealing under this
    subsection (h), the court shall conduct a hearing under
    paragraph (7) of subsection (d) of this Section and the
    court shall determine whether the petitioner is entitled
    to immediate sealing under this subsection (h). A
    petitioner is eligible for immediate relief under this
    subsection (h) if he or she shows, by a preponderance of
    the evidence, that: (A) he or she was a victim of human
    trafficking at the time of the offense; and (B) that his or
    her participation in the offense was a direct result of
    human trafficking under Section 10-9 of the Criminal Code
    of 2012 or a severe form of trafficking under the federal
    Trafficking Victims Protection Act.
    (i) Minor Cannabis Offenses under the Cannabis Control
Act.
        (1) Expungement of Arrest Records of Minor Cannabis
    Offenses.
            (A) The Illinois Department of State Police 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 qualified 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 the
            date of the arrest or law enforcement interaction
            documented in the records; and
                (ii) No criminal charges were filed relating
            to the arrest or law enforcement interaction or
            criminal charges were 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 timelines:
                (i) Records created prior to June 25, 2019
            (the effective date of Public Act 101-27), but on
            or after January 1, 2013, shall 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 expunged prior to January 1, 2023;
                (iii) Records created prior to January 1, 2000
            shall be automatically expunged prior to January
            1, 2025.
            In response to an inquiry for expunged records,
        the law enforcement agency receiving such inquiry
        shall reply as it does in response to inquiries when no
        records ever existed; however, it shall provide a
        certificate of disposition or confirmation that the
        record was expunged to the individual whose record was
        expunged if such a record exists.
            (D) Nothing in this Section shall be construed to
        restrict or modify an individual's right to have that
        individual's records expunged except as otherwise may
        be provided in this Act, or diminish or abrogate any
        rights or remedies otherwise available to the
        individual.
        (2) Pardons Authorizing Expungement of Minor Cannabis
    Offenses.
            (A) Upon June 25, 2019 (the effective date of
        Public Act 101-27), the Department of State Police
        shall review all criminal history record information
        and identify all records that meet all of the
        following criteria:
                (i) one or more convictions for a Minor
            Cannabis Offense;
                (ii) the conviction 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 subsection (c) of
            Section 3 of the Rights of Crime Victims and
            Witnesses Act.
            (B) Within 180 days after June 25, 2019 (the
        effective date of Public Act 101-27), the Department
        of State Police shall notify the Prisoner Review Board
        of all such records that meet the criteria established
        in paragraph (2)(A).
                (i) The Prisoner Review 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 classified as a Class 4
            felony. The State's Attorney may provide a written
            objection to the Prisoner Review Board on the sole
            basis that the record identified does not meet the
            criteria established in paragraph (2)(A). Such an
            objection 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 notice
            from the Prisoner Review Board.
                (ii) In response to a written objection from a
            State's Attorney, the Prisoner Review Board is
            authorized to conduct a non-public hearing to
            evaluate the information provided in the
            objection.
                (iii) The Prisoner Review Board shall make a
            confidential and privileged recommendation 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
            described in paragraph (2)(A).
            (C) If an individual has been granted a pardon
        authorizing expungement as described in this Section,
        the Prisoner Review Board, through the Attorney
        General, shall file a petition for expungement with
        the Chief Judge of the circuit or any judge of the
        circuit designated by the Chief Judge where the
        individual had been convicted. Such petition may
        include more than one individual. Whenever an
        individual who has been convicted of an offense is
        granted a pardon by the Governor that specifically
        authorizes expungement, an objection to the petition
        may not be filed. Petitions to expunge under this
        subsection (i) may include more than one individual.
        Within 90 days of the filing of such a petition, the
        court shall enter an order expunging the records of
        arrest from the official records of the arresting
        authority and order that the records of the circuit
        court clerk and the Illinois Department of State
        Police be expunged and the name of the defendant
        obliterated from the official index requested to be
        kept by the circuit court clerk under Section 16 of the
        Clerks of Courts Act in connection with the arrest and
        conviction for the offense for which the individual
        had received a pardon but the order shall not affect
        any index issued by the circuit court clerk before the
        entry of the order. 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 who was pardoned to the
        individual's last known address or by electronic means
        (if available) or otherwise make it available to the
        individual 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
    violation of Section 4 or Section 5 of the Cannabis
    Control Act. Motions to vacate and expunge under this
    subsection (i) may be filed with the circuit court, Chief
    Judge of a judicial circuit or any judge of the circuit
    designated by the Chief Judge. The circuit court clerk
    shall promptly serve a copy of the motion to vacate and
    expunge, and any supporting documentation, on the State's
    Attorney or prosecutor charged with the duty of
    prosecuting the offense. When considering such a motion to
    vacate and expunge, a court shall consider the following:
    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. An individual
    may file such a petition after the completion of any
    non-financial sentence 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
    petition 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 defined by Section 15 of the Public Interest
    Attorney Assistance Act, assisting individuals seeking to
    file a motion 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 may include
    more than one individual. Motions filed by an agency
    providing civil legal aid concerning more than one
    individual may be prepared, presented, and signed
    electronically.
        (4) Any State's Attorney may file a motion to vacate
    and expunge a conviction for a misdemeanor or Class 4
    felony violation of Section 4 or Section 5 of the Cannabis
    Control Act. Motions to vacate and expunge under this
    subsection (i) may be filed with the circuit court, Chief
    Judge 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
    concerning more than one individual may be prepared,
    presented, and signed electronically. When considering
    such a motion to vacate and expunge, a court shall
    consider the following: 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 the specific adverse consequences if
    denied. Upon entry of an order granting a motion to vacate
    and expunge records 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 interest, the State's Attorney of a
    county has standing to file motions to vacate and expunge
    pursuant to this Section in the circuit court with
    jurisdiction over the underlying conviction.
        (6) If a person is arrested for a Minor Cannabis
    Offense as defined in this Section before June 25, 2019
    (the effective date of Public Act 101-27) and the person's
    case is still pending but a sentence has not been imposed,
    the person may petition the court in which the charges are
    pending for an order 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 expungement. 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 pending at the time; and (C) the person has not
    been sentenced of the minor cannabis violation eligible
    for expungement under this subsection, the court shall
    consider the following: 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 under this subsection.
        (8) The Illinois Department of State Police shall
    allow a person to use the access and review process,
    established in the Illinois Department of State Police,
    for verifying that his or her records relating to Minor
    Cannabis Offenses of the Cannabis Control Act eligible
    under this Section have been expunged.
        (9) No conviction vacated pursuant to this Section
    shall serve as the basis for damages for time unjustly
    served as provided in the Court of Claims Act.
        (10) Effect of Expungement. 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 Illinois Department of State
    Police shall post general information on its website about
    the expungement process described in this subsection (i).
    (j) Felony Prostitution Convictions.
        (1) Any individual may file a motion to vacate and
    expunge a conviction for a prior Class 4 felony violation
    of prostitution. 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 motion
    to vacate and expunge, a court shall consider the
    following:
            (A) the reasons to retain the records provided by
        law enforcement;
            (B) the petitioner's age;
            (C) the petitioner's age 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 conviction.
        Within 60 days of the filing of the motion, a State's
        Attorney may file an objection to the petition 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
        defined in Section 15 of the Public Interest Attorney
        Assistance Act, assisting individuals seeking to file
        a motion 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 may
        include more than one individual.
        (2) Any State's Attorney may file a motion to vacate
    and expunge a conviction for a Class 4 felony violation of
    prostitution. 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
    court designated by the Chief Judge, and may include more
    than one individual. When considering the motion to vacate
    and expunge, a court shall consider the following reasons:
            (A) the reasons to retain the records provided by
        law enforcement;
            (B) the petitioner's age;
            (C) the petitioner's age at the time of offense;
            (D) the time since the conviction; and
            (E) the specific adverse consequences 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 Prisoner Review Board within 30 days of the
    filing. If a motion to 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 motions to vacate and expunge
    pursuant to this Section in the circuit court with
    jurisdiction over the underlying conviction.
        (4) The Illinois State Police shall allow a person to
    a use the access and review process, established in the
    Illinois State Police, for verifying that his or her
    records relating to felony prostitution eligible under
    this Section have been expunged.
        (5) No conviction vacated pursuant 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 Expungement. 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.
        (7) Information. The Illinois State Police shall post
    general information on its website about the expungement
    process described in this subsection (j).
(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
102-558, 8-20-21; 102-639, eff. 8-27-21; revised 10-5-21.)
 
    Section 185. The Department of Veterans' Affairs Act is
amended by changing Sections 2.01a and 2.04 as follows:
 
    (20 ILCS 2805/2.01a)  (from Ch. 126 1/2, par. 67.01a)
    Sec. 2.01a. Members benefits fund; personal property. The
Department shall direct the expenditure of all money which has
been or may be received by any officer of an Illinois Veterans
Home including profit on sales from commissary stores. The
money shall be deposited into the members benefits fund and
expenditures from the fund shall be made under the direction
of the Department for the special comfort, pleasure, and
amusement of residents and employees, provided that amounts
expended for comfort, pleasure, and amusement of employees
shall not exceed the amount of profits derived from sales made
to employees by such commissaries, as determined by the
Department. The Department may also make expenditures from the
fund, subject to approval by the Director of Veterans'
Affairs, for recognition and appreciation programs for
volunteers who assist the Veterans Homes. Expenditures from
the fund may not be used to supplement a shortfall in the
ordinary and contingent operating expenses of the Home and
shall be expended only for the special comfort, pleasure, and
amusement of the residents.
    The Department shall prepare a quarterly report on all
locally held locally-held member's benefits funds from each
Illinois Veterans Home. The report shall contain the amount of
donations received for each veterans' home, including monetary
and nonmonetary items, the expenditures and items disbursed
dispersed, and the end of quarter balance of the locally held
locally-held member's benefits funds. The Department shall
submit the quarterly report to the General Assembly and to the
Governor and publish the report on its website.
    Money received as interest and income on funds deposited
for residents of an Illinois Veterans Home shall be paid to the
individual accounts of the residents. If home residents choose
to hold savings accounts or other investments outside the
Home, interest or income on the individual savings accounts or
investments of residents shall accrue to the individual
accounts of the residents.
    Any money belonging to residents separated by death,
discharge, or unauthorized absence from an Illinois Veterans
Home, in custody of officers thereof, may, if unclaimed by the
resident or the legal representatives thereof for a period of
2 years, be expended at the direction of the Department for the
purposes and in the manner specified above. Articles of
personal property, with the exception of clothing left in the
custody of officers, shall, if unclaimed for the period of 2
years, be sold and the money disposed of in the same manner.
    Clothing left at a Home by residents at the time of
separation may be used as determined by the Home if unclaimed
by the resident or legal representatives thereof within 30
days after notification.
(Source: P.A. 102-549, eff. 1-1-22; revised 12-1-21.)
 
    (20 ILCS 2805/2.04)  (from Ch. 126 1/2, par. 67.04)
    Sec. 2.04. There shall be established in the State
Treasury special funds known as (i) the LaSalle Veterans Home
Fund, (ii) the Anna Veterans Home Fund, (iii) the Manteno
Veterans Home Fund, and (iv) the Quincy Veterans Home Fund.
All moneys received by an Illinois Veterans Home from Medicare
and from maintenance charges to veterans, spouses, and
surviving spouses residing at that Home shall be paid into
that Home's Fund. All moneys received from the U.S. Department
of Veterans Affairs for patient care shall be transmitted to
the Treasurer of the State for deposit in the Veterans Home
Fund for the Home in which the veteran resides. Appropriations
shall be made from a Fund only for the needs of the Home,
including capital improvements, building rehabilitation, and
repairs. The Illinois Veterans' Homes Fund shall be the
Veterans Home Fund for the Illinois Veterans Home at Chicago.
    The administrator of each Veterans Home shall establish a
locally held locally-held member's benefits fund. The Director
may authorize the Veterans Home to conduct limited fundraising
in accordance with applicable laws and regulations for which
the sole purpose is to benefit the Veterans Home's member's
benefits fund. Revenues accruing to an Illinois Veterans Home,
including any donations, grants for the operation of the Home,
profits from commissary stores, and funds received from any
individual or other source, including limited fundraising,
shall be deposited into that Home's benefits fund.
Expenditures from the benefits funds shall be solely for the
special comfort, pleasure, and amusement of residents.
Contributors of unsolicited private donations may specify the
purpose for which the private donations are to be used.
    Upon request of the Department, the State's Attorney of
the county in which a resident or living former resident of an
Illinois Veterans Home who is liable under this Act for
payment of sums representing maintenance charges resides shall
file an action in a court of competent jurisdiction against
any such person who fails or refuses to pay such sums. The
court may order the payment of sums due to maintenance charges
for such period or periods of time as the circumstances
require.
    Upon the death of a person who is or has been a resident of
an Illinois Veterans Home who is liable for maintenance
charges and who is possessed of property, the Department may
present a claim for such sum or for the balance due in case
less than the rate prescribed under this Act has been paid. The
claim shall be allowed and paid as other lawful claims against
the estate.
    The administrator of each Veterans Home shall establish a
locally held locally-held trust fund to maintain moneys held
for residents. Whenever the Department finds it necessary to
preserve order, preserve health, or enforce discipline, the
resident shall deposit in a trust account at the Home such
monies from any source of income as may be determined
necessary, and disbursement of these funds to the resident
shall be made only by direction of the administrator.
    If a resident of an Illinois Veterans Home has a dependent
child, spouse, or parent the administrator may require that
all monies received be deposited in a trust account with
dependency contributions being made at the direction of the
administrator. The balance retained in the trust account shall
be disbursed to the resident at the time of discharge from the
Home or to his or her heirs or legal representative at the time
of the resident's death, subject to Department regulations or
order of the court.
    The Director of Central Management Services, with the
consent of the Director of Veterans' Affairs, is authorized
and empowered to lease or let any real property held by the
Department of Veterans' Affairs for an Illinois Veterans Home
to entities or persons upon terms and conditions which are
considered to be in the best interest of that Home. The real
property must not be needed for any direct or immediate
purpose of the Home. In any leasing or letting, primary
consideration shall be given to the use of real property for
agricultural purposes, and all moneys received shall be
transmitted to the Treasurer of the State for deposit in the
appropriate Veterans Home Fund.
    Each administrator of an Illinois Veterans Home who has an
established locally held locally-held member's benefits fund
shall prepare and submit to the Department a monthly report of
all donations received, including donations of a nonmonetary
nature. The report shall include the end of month balance of
the locally held locally-held member's benefits fund.
(Source: P.A. 102-549, eff. 1-1-22; revised 12-1-21.)
 
    Section 190. The State Fire Marshal Act is amended by
changing Section 3 as follows:
 
    (20 ILCS 2905/3)  (from Ch. 127 1/2, par. 3)
    Sec. 3. There is created the Illinois Fire Advisory
Commission which shall advise the Office in the exercise of
its powers and duties. The Commission shall be appointed by
the Governor as follows:
        (1) 3 professional, full-time paid firefighters;
        (2) one volunteer firefighter;
        (3) one Fire Protection Engineer who is registered in
    Illinois;
        (4) one person who is a representative of the fire
    insurance industry in Illinois;
        (5) one person who is a representative of a registered
    United States Department of Labor apprenticeship program
    primarily instructing in the installation and repair of
    fire extinguishing systems;
        (6) one licensed operating or stationary engineer who
    has an associate degree in facilities engineering
    technology and has knowledge of the operation and
    maintenance of fire alarm and fire extinguishing systems
    primarily for the life safety of occupants in a variety of
    commercial or residential structures; and
        (7) 3 persons with an interest in and knowledgeable
    about fire prevention methods.
    In addition, the following shall serve as ex officio
members of the Commission: the Chicago Fire Commissioner, or
his or her designee; the executive officer, or his or her
designee, of each of the following organizations: the Illinois
Fire Chiefs Association, the Illinois Fire Protection District
Association, the Illinois Fire Inspectors Association, the
Illinois Professional Firefighters Association, the Illinois
Firemen's Association, the Associated Firefighters of
Illinois, the Illinois Society of Fire Service Instructors,
the Illinois Chapter of the International Association of Arson
Investigators, the Mutual Aid Box Alarm System (MABAS)
Illinois, and the Fire Service Institute, University of
Illinois.
    The Governor shall designate, at the time of appointment,