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Public Act 103-0564 | ||||
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AN ACT concerning State government. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The State Employees Group Insurance Act of 1971 | ||||
is amended by changing Section 6.11C as follows: | ||||
(5 ILCS 375/6.11C) | ||||
(This Section may contain text from a Public Act with a | ||||
delayed effective date ) | ||||
Sec. 6.11C. Coverage for injectable medicines to improve | ||||
glucose or weight loss. Beginning on July 1, 2024, January 1, | ||||
2024, the State Employees Group Insurance Program shall | ||||
provide coverage for all types of medically necessary, as | ||||
determined by a physician licensed to practice medicine in all | ||||
its branches, injectable medicines prescribed on-label or | ||||
off-label to improve glucose or weight loss for use by adults | ||||
diagnosed or previously diagnosed with prediabetes, | ||||
gestational diabetes, or obesity. To continue to qualify for | ||||
coverage under this Section, the continued treatment must be | ||||
medically necessary, and covered members must , if given | ||||
advance, written notice, participate in a lifestyle management | ||||
plan administered by their health plan. This Section does not | ||||
apply to individuals covered by a Medicare Advantage | ||||
Prescription Drug Plan. |
(Source: P.A. 103-8, eff. 1-1-24.) | ||
Section 10. The Children and Family Services Act is | ||
amended by changing Section 5.46 as follows: | ||
(20 ILCS 505/5.46) | ||
Sec. 5.46. Application for Social Security benefits, | ||
Supplemental Security Income, Veterans benefits, and Railroad | ||
Retirement benefits. | ||
(a) Definitions. As used in this Section: | ||
"Achieving a Better Life Experience Account" or "ABLE | ||
account" means an account established for the purpose of | ||
financing certain qualified expenses of eligible individuals | ||
as specifically provided for in Section 529A of the Internal | ||
Revenue Code and Section 16.6 of the State Treasurer Act. | ||
"Benefits" means Social Security benefits, Supplemental | ||
Security Income, Veterans benefits, and Railroad Retirement | ||
benefits. | ||
"DCFS Guardianship Administrator" means a Department | ||
representative appointed as guardian of the person or legal | ||
custodian of the minor youth in care. | ||
"Youth's attorney and guardian ad litem" means the person | ||
appointed as the youth's attorney or guardian ad litem in | ||
accordance with the Juvenile Court Act of 1987 in the | ||
proceeding in which the Department is appointed as the youth's | ||
guardian or custodian. |
(b) Application for benefits. | ||
(1) Upon receiving temporary custody or guardianship | ||
of a youth in care, the Department shall assess the youth | ||
to determine whether the youth may be eligible for | ||
benefits. If, after the assessment, the Department | ||
determines that the youth may be eligible for benefits, | ||
the Department shall ensure that an application is filed | ||
on behalf of the youth. The Department shall prescribe by | ||
rule how it will review cases of youth in care at regular | ||
intervals to determine whether the youth may have become | ||
eligible for benefits after the initial assessment. The | ||
Department shall make reasonable efforts to encourage | ||
youth in care over the age of 18 who are likely eligible | ||
for benefits to cooperate with the application process and | ||
to assist youth with the application process. | ||
(2) When applying for benefits under this Section for | ||
a youth in care the Department shall identify a | ||
representative payee in accordance with the requirements | ||
of 20 CFR 404.2021 and 416.621. If the Department is | ||
seeking to be appointed as the youth's representative | ||
payee, the Department must consider input, if provided, | ||
from the youth's attorney and guardian ad litem regarding | ||
whether another representative payee, consistent with the | ||
requirements of 20 CFR 404.2021 and 416.621, is available. | ||
If the Department serves as the representative payee for a | ||
youth over the age of 18, the Department shall request a |
court order, as described in subparagraph (C) of paragraph | ||
(1) of subsection (d) and in subparagraph (C) of paragraph | ||
(2) of subsection (d). | ||
(c) Notifications. The Department shall immediately notify | ||
a youth over the age of 16, the youth's attorney and guardian | ||
ad litem, and the youth's parent or legal guardian or another | ||
responsible adult of: | ||
(1) any application for or any application to become | ||
representative payee for benefits on behalf of a youth in | ||
care; | ||
(2) beginning January 1, 2025, any communications from | ||
the Social Security Administration, the U.S. Department of | ||
Veterans Affairs, or the Railroad Retirement Board | ||
pertaining to the acceptance or denial of benefits or the | ||
selection of a representative payee; and | ||
(3) beginning January 1, 2025, any appeal or other | ||
action requested by the Department regarding an | ||
application for benefits. | ||
(d) Use of benefits. Consistent with federal law, when the | ||
Department serves as the representative payee for a youth | ||
receiving benefits and receives benefits on the youth's | ||
behalf, the Department shall: | ||
(1) Beginning January 1, 2024 2023 , ensure that when | ||
the youth attains the age of 14 years and until the | ||
Department no longer serves as the representative payee, a | ||
minimum percentage of the youth's Supplemental Security |
Income benefits are conserved in accordance with paragraph | ||
(4) as follows: | ||
(A) From the age of 14 through age 15, at least | ||
40%. | ||
(B) From the age of 16 through age 17, at least | ||
80%. | ||
(C) From the age of 18 and older through 20 , 100%, | ||
when a court order has been entered expressly | ||
authorizing allowing the DCFS Guardianship | ||
Administrator to serve as the designated | ||
representative to establish an ABLE account on behalf | ||
of a youth Department to have the authority to | ||
establish and serve as an authorized agent of the | ||
youth over the age of 18 with respect to an account | ||
established in accordance with paragraph (4). | ||
(2) Beginning January 1, 2024, ensure that when the | ||
youth attains the age of 14 years and until the Department | ||
no longer serves as the representative payee a minimum | ||
percentage of the youth's Social Security benefits, | ||
Veterans benefits, or Railroad Retirement benefits are | ||
conserved in accordance with paragraph (3) or (4) , as | ||
applicable, as follows: | ||
(A) From the age of 14 through age 15, at least | ||
40%. | ||
(B) From the age of 16 through age 17, at least | ||
80%. |
(C) From the age of 18 through 20 , 100% . If | ||
establishment of an ABLE account is necessary to | ||
conserve benefits for youth age 18 and older, then | ||
benefits shall be conserved in accordance with | ||
paragraph (4) when a court order has been entered | ||
expressly authorizing the DCFS Guardianship | ||
Administrator to serve as the designated | ||
representative to establish an ABLE account on behalf | ||
of a youth , when a court order has been entered | ||
expressly allowing the Department to have the | ||
authority to establish and serve as an authorized | ||
agent of the youth over the age of 18 with respect to | ||
an account established in accordance with paragraph | ||
(4) . | ||
(3) Exercise discretion in accordance with federal law | ||
and in the best interests of the youth when making | ||
decisions to use or conserve the youth's benefits that are | ||
less than or not subject to asset or resource limits under | ||
federal law, including using the benefits to address the | ||
youth's special needs and conserving the benefits for the | ||
youth's reasonably foreseeable future needs. | ||
(4) Appropriately monitor any federal asset or | ||
resource limits for the Supplemental Security Income | ||
benefits and ensure that the youth's best interest is | ||
served by using or conserving the benefits in a way that | ||
avoids violating any federal asset or resource limits that |
would affect the youth's eligibility to receive the | ||
benefits, including , but not limited to : | ||
(A) applying to the Social Security Administration | ||
to establish a Plan to Achieve Self-Support (PASS) | ||
Account for the youth under the Social Security Act | ||
and determining whether it is in the best interest of | ||
the youth to conserve all or parts of the benefits in | ||
the PASS account; | ||
(B) establishing a 529 plan for the youth and | ||
conserving the youth's benefits in that account in a | ||
manner that appropriately avoids any federal asset or | ||
resource limits; | ||
(C) establishing an Individual Development Account | ||
for the youth and conserving the youth's benefits in | ||
that account in a manner that appropriately avoids any | ||
federal asset or resource limits ; | ||
(A) (D) establishing an ABLE account authorized by | ||
Section 529A of the Internal Revenue Code of 1986, for | ||
the youth and conserving the youth's benefits in that | ||
account in a manner that appropriately avoids any | ||
federal asset or resource limits; | ||
(E) establishing a Social Security Plan to Achieve | ||
Self-Support account for the youth and conserving the | ||
youth's benefits in a manner that appropriately avoids | ||
any federal asset or resource limits; | ||
(F) establishing a special needs trust for the |
youth and conserving the youth's benefits in the trust | ||
in a manner that is consistent with federal | ||
requirements for special needs trusts and that | ||
appropriately avoids any federal asset or resource | ||
limits; | ||
(B) (G) if the Department determines that using | ||
the benefits for services for current special needs | ||
not already provided by the Department is in the best | ||
interest of the youth, using the benefits for those | ||
services; | ||
(C) (H) if federal law requires certain back | ||
payments of benefits to be placed in a dedicated | ||
account, complying with the requirements for dedicated | ||
accounts under 20 CFR 416.640(e); and | ||
(D) (I) applying any other exclusions from federal | ||
asset or resource limits available under federal law | ||
and using or conserving the youth's benefits in a | ||
manner that appropriately avoids any federal asset or | ||
resource limits. | ||
(e) By July 1, 2024, the Department shall provide a report | ||
to the General Assembly regarding youth in care who receive | ||
benefits who are not subject to this Act. The report shall | ||
discuss a goal of expanding conservation of children's | ||
benefits to all benefits of all children of any age for whom | ||
the Department serves as representative payee. The report | ||
shall include a description of any identified obstacles, steps |
to be taken to address the obstacles, and a description of any | ||
need for statutory, rule, or procedural changes. | ||
(f) (1) Accounting. | ||
(A) Beginning on the effective date of this amendatory | ||
Act of the 103rd General Assembly through December 31, | ||
2024, upon request of the youth's attorney or guardian ad | ||
litem, the The Department shall provide an annual | ||
accounting to the youth's attorney and guardian ad litem | ||
of how the youth's benefits have been used and conserved. | ||
(B) Beginning January 1, 2025 and every year | ||
thereafter, an annual accounting of how the youth's | ||
benefits have been used and conserved shall be provided | ||
automatically to the youth's attorney and guardian ad | ||
litem. | ||
(C) In addition, within 10 business days of a request | ||
from a youth or the youth's attorney and guardian ad | ||
litem, the Department shall provide an accounting to the | ||
youth of how the youth's benefits have been used and | ||
conserved. | ||
(2) The accounting shall include: | ||
(A) (1) The amount of benefits received on the | ||
youth's behalf since the most recent accounting and | ||
the date the benefits were received. | ||
(B) (2) Information regarding the youth's benefits | ||
and resources, including the youth's benefits, | ||
insurance, cash assets, trust accounts, earnings, and |
other resources. | ||
(C) (3) An accounting of the disbursement of | ||
benefit funds, including the date, amount, | ||
identification of payee, and purpose. | ||
(D) (4) Information regarding each request by the | ||
youth, the youth's attorney and guardian ad litem, or | ||
the youth's caregiver for disbursement of funds and a | ||
statement regarding the reason for not granting the | ||
request if the request was denied. | ||
When the Department's guardianship of the youth is being | ||
terminated, prior to or upon the termination of guardianship, | ||
the Department shall provide (i) a final accounting to the | ||
Social Security Administration, to the youth's attorney and | ||
guardian ad litem, and to either the person or persons who will | ||
assume guardianship of the youth or who is in the process of | ||
adopting the youth, if the youth is under 18, or to the youth, | ||
if the youth is over 18 and (ii) information to the parent, | ||
guardian, or youth regarding how to apply to become the | ||
designated representative for the youth's ABLE account payee . | ||
The Department shall adopt rules to ensure that the | ||
representative payee transitions occur in a timely and | ||
appropriate manner. | ||
(g) Education Financial literacy . The Department shall | ||
provide the youth who have funds conserved under paragraphs | ||
(1) and (2) of subsection (d) with education with financial | ||
literacy training and support, including specific information |
regarding the existence, availability, and use of funds | ||
conserved for the youth in accordance with paragraphs (1) and | ||
(2) of subsection (d) this subsection , beginning by age 14 in a | ||
developmentally appropriate manner . The education literacy | ||
program and support services shall be developed in | ||
consultation with input from the Department's Statewide Youth | ||
Advisory Board. Education and informational materials related | ||
to ABLE accounts shall be developed in consultation with and | ||
approved by the State Treasurer. | ||
(h) Adoption of rules. The Department shall adopt rules to | ||
implement the provisions of this Section by January 1, 2024 | ||
2023 . | ||
(i) Reporting. No later than February 28, 2023, the | ||
Department shall file a report with the General Assembly | ||
providing the following information for State Fiscal Years | ||
2019, 2020, 2021, and 2022 and annually beginning February 28, | ||
2023, for the preceding fiscal year: | ||
(1) The number of youth entering care. | ||
(2) The number of youth entering care receiving each | ||
of the following types of benefits: Social Security | ||
benefits, Supplemental Security Income, Veterans benefits, | ||
Railroad Retirement benefits. | ||
(3) The number of youth entering care for whom the | ||
Department filed an application for each of the following | ||
types of benefits: Social Security benefits, Supplemental | ||
Security Income, Veterans benefits, Railroad Retirement |
benefits. | ||
(4) The number of youth entering care who were awarded | ||
each of the following types of benefits based on an | ||
application filed by the Department: Social Security | ||
benefits, Supplemental Security Income, Veterans benefits, | ||
Railroad Retirement benefits. | ||
(j) Annually beginning December 31, 2023, the Department | ||
shall file a report with the General Assembly with the | ||
following information regarding the preceding fiscal year: | ||
(1) the number of conserved accounts established and | ||
maintained for youth in care; | ||
(2) the average amount conserved by age group; and | ||
(3) the total amount conserved by age group. | ||
(Source: P.A. 102-1014, eff. 5-27-22; 103-154, eff. 6-30-23.) | ||
Section 15. The Illinois State Police Law of the Civil | ||
Administrative Code of Illinois is amended by changing Section | ||
2605-10 as follows: | ||
(20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part) | ||
(Text of Section before amendment by P.A. 103-34 ) | ||
Sec. 2605-10. Powers and duties, generally. | ||
(a) The Illinois State Police shall exercise the rights, | ||
powers, and duties that have been vested in the Illinois State | ||
Police by the following: | ||
The Illinois State Police Act. |
The Illinois State Police Radio Act. | ||
The Criminal Identification Act. | ||
The Illinois Vehicle Code. | ||
The Firearm Owners Identification Card Act. | ||
The Firearm Concealed Carry Act. | ||
The Gun Dealer Licensing Act. | ||
The Intergovernmental Missing Child Recovery Act of | ||
1984. | ||
The Intergovernmental Drug Laws Enforcement Act. | ||
The Narcotic Control Division Abolition Act. | ||
(b) The Illinois State Police shall have the powers and | ||
duties set forth in the following Sections. | ||
(Source: P.A. 102-538, eff. 8-20-21.) | ||
(Text of Section after amendment by P.A. 103-34 ) | ||
Sec. 2605-10. Powers and duties, generally. | ||
(a) The Illinois State Police shall exercise the rights, | ||
powers, and duties that have been vested in the Illinois State | ||
Police by the following: | ||
The Illinois State Police Act. | ||
The Illinois State Police Radio Act. | ||
The Criminal Identification Act. | ||
The Illinois Vehicle Code. | ||
The Firearm Owners Identification Card Act. | ||
The Firearm Concealed Carry Act. | ||
The Firearm Dealer License Certification Act. |
The Intergovernmental Missing Child Recovery Act of | ||
1984. | ||
The Intergovernmental Drug Laws Enforcement Act. | ||
The Narcotic Control Division Abolition Act. | ||
The Illinois Uniform Conviction Information Act. | ||
The Murderer and Violent Offender Against Youth | ||
Registration Act. | ||
(b) The Illinois State Police shall have the powers and | ||
duties set forth in the following Sections. | ||
(c) The Illinois State Police shall exercise the rights, | ||
powers, and duties vested in the Illinois State Police to | ||
implement the following protective service functions for State | ||
facilities, State officials, and State employees serving in | ||
their official capacity: | ||
(1) Utilize subject matter expertise and law | ||
enforcement authority to strengthen the protection of | ||
State government facilities, State employees, State | ||
officials, and State critical infrastructure. | ||
(2) Coordinate State, federal, and local law | ||
enforcement activities involving the protection of State | ||
facilities, officials , and employees. | ||
(3) Conduct investigations of criminal threats to | ||
State facilities, State critical infrastructure, State | ||
officials , and State employees. | ||
(4) Train State officials and employees in personal | ||
protection, crime prevention, facility occupant emergency |
planning, and incident management. | ||
(5) Establish standard protocols for prevention and | ||
response to criminal threats to State facilities, State | ||
officials, State employees, and State critical | ||
infrastructure , and standard protocols for reporting of | ||
suspicious activities. | ||
(6) Establish minimum operational standards, | ||
qualifications, training, and compliance requirements for | ||
State employees and contractors engaged in the protection | ||
of State facilities and employees. | ||
(7) At the request of departments or agencies of State | ||
government, conduct security assessments, including, but | ||
not limited to, examination of alarm systems, cameras | ||
systems, access points, personnel readiness, and emergency | ||
protocols based on risk and need. | ||
(8) Oversee the planning and implementation of | ||
security and law enforcement activities necessary for the | ||
protection of major, multi-jurisdictional events | ||
implicating potential criminal threats to State officials, | ||
State employees, or State-owned, State-leased, or | ||
State-operated critical infrastructure or facilities. | ||
(9) Oversee and direct the planning and implementation | ||
of security and law enforcement activities by the | ||
departments and agencies of the State necessary for the | ||
protection of State employees, State officials, and | ||
State-owned, State-leased, or State-operated critical |
infrastructure or facilities from criminal activity. | ||
(10) Advise the Governor and Homeland Security Advisor | ||
on any matters necessary for the effective protection of | ||
State facilities, critical infrastructure, officials, and | ||
employees from criminal threats. | ||
(11) Utilize intergovernmental agreements and | ||
administrative rules as needed for the effective, | ||
efficient implementation of law enforcement and support | ||
activities necessary for the protection of State | ||
facilities, State infrastructure, State employees, and, | ||
upon the express written consent of State constitutional | ||
officials, State constitutional officials , and State | ||
employees . | ||
(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24; | ||
revised 9-25-23.) | ||
Section 20. The Alternative Protein Innovation Task Force | ||
Act is amended by changing Sections 15 and 20 as follows: | ||
(20 ILCS 4128/15) | ||
Sec. 15. Membership; appointments; meeting. | ||
(a) The Alternative Protein Innovation Task Force shall | ||
consist of the following members: | ||
(1) one member of the Senate, who shall be appointed | ||
by the President of the Senate and shall serve as co-chair | ||
of the Task Force; |
(2) one member of the Senate, who shall be appointed | ||
by the Minority Leader of the Senate; | ||
(3) one member of the House of Representatives, who | ||
shall be appointed by the Speaker of the House of | ||
Representatives and shall serve as co-chair of the Task | ||
Force; | ||
(4) one member of the House of Representatives, who | ||
shall be appointed by the Minority Leader of the House of | ||
Representatives; | ||
(5) the Director Secretary of Commerce and Economic | ||
Opportunity or the Director's Secretary's designee; | ||
(6) the Director of Agriculture or the Director's | ||
designee; | ||
(7) 5 members who are appointed by the Director of | ||
Agriculture. Of the members appointed by the Director of | ||
Agriculture, 3 members shall be commercial producers of | ||
agricultural commodities, of which one member shall be | ||
from the largest statewide agricultural association; and 2 | ||
members shall be representatives from the University of | ||
Illinois College of Agricultural, Consumer and | ||
Environmental Sciences engaged in nutritional research; | ||
and | ||
(8) 6 members who are appointed by the Governor. Of | ||
the members appointed by the Governor, 2 members shall be | ||
engaged in academic or scientific research on alternative | ||
protein development at a State college or university; one |
member shall be a representative of a nonprofit | ||
organization dedicated to the development and | ||
accessibility of alternative proteins; one member shall be | ||
a representative of the State's agricultural biotechnology | ||
industry; one member shall be the president of the | ||
Illinois Biotechnology Industry Organization or the | ||
organization's designee; and one member shall be a | ||
representative from a multinational food processing and | ||
manufacturing corporation headquartered in this State. | ||
(b) Members of the Task Force shall not receive | ||
compensation for their services to the Task Force. | ||
(c) All appointments shall be made not later than 30 days | ||
after the effective date of this Act. | ||
(d) The co-chairs of the Task Force shall schedule no | ||
fewer than 4 meetings of the Task Force, including not less | ||
than one public hearing. The co-chairs shall convene the first | ||
meeting of the Task Force within 60 days after the effective | ||
date of this Act. | ||
(e) The Department of Agriculture shall provide | ||
administrative and other support to the Task Force. | ||
(Source: P.A. 103-543, eff. 8-11-23; revised 10-19-23.) | ||
(20 ILCS 4128/20) | ||
Sec. 20. Report ; dissolution of Task Force; repeal of Act . | ||
(a) The Task Force shall submit a report of its findings | ||
and recommendations to the General Assembly no later than June |
30, 2024 December 31, 2023 . | ||
(b) The Task Force shall be dissolved on December 31, | ||
2024. | ||
(c) This Act is repealed on January 1, 2025. | ||
(Source: P.A. 103-543, eff. 8-11-23.) | ||
Section 25. The Illinois Procurement Code is amended by | ||
changing Section 20-10 as follows: | ||
(30 ILCS 500/20-10) | ||
(Text of Section before amendment by P.A. 103-558 ) | ||
(Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, | ||
98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29) | ||
Sec. 20-10. Competitive sealed bidding; reverse auction. | ||
(a) Conditions for use. All contracts shall be awarded by | ||
competitive sealed bidding except as otherwise provided in | ||
Section 20-5. | ||
(b) Invitation for bids. An invitation for bids shall be | ||
issued and shall include a purchase description and the | ||
material contractual terms and conditions applicable to the | ||
procurement. | ||
(c) Public notice. Public notice of the invitation for | ||
bids shall be published in the Illinois Procurement Bulletin | ||
at least 14 calendar days before the date set in the invitation | ||
for the opening of bids. | ||
(d) Bid opening. Bids shall be opened publicly or through |
an electronic procurement system in the presence of one or | ||
more witnesses at the time and place designated in the | ||
invitation for bids. The name of each bidder, including earned | ||
and applied bid credit from the Illinois Works Jobs Program | ||
Act, the amount of each bid, and other relevant information as | ||
may be specified by rule shall be recorded. After the award of | ||
the contract, the winning bid and the record of each | ||
unsuccessful bid shall be open to public inspection. | ||
(e) Bid acceptance and bid evaluation. Bids shall be | ||
unconditionally accepted without alteration or correction, | ||
except as authorized in this Code. Bids shall be evaluated | ||
based on the requirements set forth in the invitation for | ||
bids, which may include criteria to determine acceptability | ||
such as inspection, testing, quality, workmanship, delivery, | ||
and suitability for a particular purpose. Those criteria that | ||
will affect the bid price and be considered in evaluation for | ||
award, such as discounts, transportation costs, and total or | ||
life cycle costs, shall be objectively measurable. The | ||
invitation for bids shall set forth the evaluation criteria to | ||
be used. | ||
(f) Correction or withdrawal of bids. Correction or | ||
withdrawal of inadvertently erroneous bids before or after | ||
award, or cancellation of awards of contracts based on bid | ||
mistakes, shall be permitted in accordance with rules. After | ||
bid opening, no changes in bid prices or other provisions of | ||
bids prejudicial to the interest of the State or fair |
competition shall be permitted. All decisions to permit the | ||
correction or withdrawal of bids based on bid mistakes shall | ||
be supported by written determination made by a State | ||
purchasing officer. | ||
(g) Award. The contract shall be awarded with reasonable | ||
promptness by written notice to the lowest responsible and | ||
responsive bidder whose bid meets the requirements and | ||
criteria set forth in the invitation for bids, except when a | ||
State purchasing officer determines it is not in the best | ||
interest of the State and by written explanation determines | ||
another bidder shall receive the award. The explanation shall | ||
appear in the appropriate volume of the Illinois Procurement | ||
Bulletin. The written explanation must include: | ||
(1) a description of the agency's needs; | ||
(2) a determination that the anticipated cost will be | ||
fair and reasonable; | ||
(3) a listing of all responsible and responsive | ||
bidders; and | ||
(4) the name of the bidder selected, the total | ||
contract price, and the reasons for selecting that bidder. | ||
Each chief procurement officer may adopt guidelines to | ||
implement the requirements of this subsection (g). | ||
The written explanation shall be filed with the | ||
Legislative Audit Commission, and the Commission on Equity and | ||
Inclusion, and the Procurement Policy Board, and be made | ||
available for inspection by the public, within 14 calendar |
days after the agency's decision to award the contract. | ||
(h) Multi-step sealed bidding. When it is considered | ||
impracticable to initially prepare a purchase description to | ||
support an award based on price, an invitation for bids may be | ||
issued requesting the submission of unpriced offers to be | ||
followed by an invitation for bids limited to those bidders | ||
whose offers have been qualified under the criteria set forth | ||
in the first solicitation. | ||
(i) Alternative procedures. Notwithstanding any other | ||
provision of this Act to the contrary, the Director of the | ||
Illinois Power Agency may create alternative bidding | ||
procedures to be used in procuring professional services under | ||
Section 1-56, subsections (a) and (c) of Section 1-75 and | ||
subsection (d) of Section 1-78 of the Illinois Power Agency | ||
Act and Section 16-111.5(c) of the Public Utilities Act and to | ||
procure renewable energy resources under Section 1-56 of the | ||
Illinois Power Agency Act. These alternative procedures shall | ||
be set forth together with the other criteria contained in the | ||
invitation for bids, and shall appear in the appropriate | ||
volume of the Illinois Procurement Bulletin. | ||
(j) Reverse auction. Notwithstanding any other provision | ||
of this Section and in accordance with rules adopted by the | ||
chief procurement officer, that chief procurement officer may | ||
procure supplies or services through a competitive electronic | ||
auction bidding process after the chief procurement officer | ||
determines that the use of such a process will be in the best |
interest of the State. The chief procurement officer shall | ||
publish that determination in his or her next volume of the | ||
Illinois Procurement Bulletin. | ||
An invitation for bids shall be issued and shall include | ||
(i) a procurement description, (ii) all contractual terms, | ||
whenever practical, and (iii) conditions applicable to the | ||
procurement, including a notice that bids will be received in | ||
an electronic auction manner. | ||
Public notice of the invitation for bids shall be given in | ||
the same manner as provided in subsection (c). | ||
Bids shall be accepted electronically at the time and in | ||
the manner designated in the invitation for bids. During the | ||
auction, a bidder's price shall be disclosed to other bidders. | ||
Bidders shall have the opportunity to reduce their bid prices | ||
during the auction. At the conclusion of the auction, the | ||
record of the bid prices received and the name of each bidder | ||
shall be open to public inspection. | ||
After the auction period has terminated, withdrawal of | ||
bids shall be permitted as provided in subsection (f). | ||
The contract shall be awarded within 60 calendar days | ||
after the auction by written notice to the lowest responsible | ||
bidder, or all bids shall be rejected except as otherwise | ||
provided in this Code. Extensions of the date for the award may | ||
be made by mutual written consent of the State purchasing | ||
officer and the lowest responsible bidder. | ||
This subsection does not apply to (i) procurements of |
professional and artistic services, (ii) telecommunications | ||
services, communication services, and information services, | ||
and (iii) contracts for construction projects, including | ||
design professional services. | ||
(Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22; | ||
102-29, eff. 6-25-21.) | ||
(Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, | ||
98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29) | ||
Sec. 20-10. Competitive sealed bidding; reverse auction. | ||
(a) Conditions for use. All contracts shall be awarded by | ||
competitive sealed bidding except as otherwise provided in | ||
Section 20-5. | ||
(b) Invitation for bids. An invitation for bids shall be | ||
issued and shall include a purchase description and the | ||
material contractual terms and conditions applicable to the | ||
procurement. | ||
(c) Public notice. Public notice of the invitation for | ||
bids shall be published in the Illinois Procurement Bulletin | ||
at least 14 calendar days before the date set in the invitation | ||
for the opening of bids. | ||
(d) Bid opening. Bids shall be opened publicly or through | ||
an electronic procurement system in the presence of one or | ||
more witnesses at the time and place designated in the | ||
invitation for bids. The name of each bidder, including earned | ||
and applied bid credit from the Illinois Works Jobs Program |
Act, the amount of each bid, and other relevant information as | ||
may be specified by rule shall be recorded. After the award of | ||
the contract, the winning bid and the record of each | ||
unsuccessful bid shall be open to public inspection. | ||
(e) Bid acceptance and bid evaluation. Bids shall be | ||
unconditionally accepted without alteration or correction, | ||
except as authorized in this Code. Bids shall be evaluated | ||
based on the requirements set forth in the invitation for | ||
bids, which may include criteria to determine acceptability | ||
such as inspection, testing, quality, workmanship, delivery, | ||
and suitability for a particular purpose. Those criteria that | ||
will affect the bid price and be considered in evaluation for | ||
award, such as discounts, transportation costs, and total or | ||
life cycle costs, shall be objectively measurable. The | ||
invitation for bids shall set forth the evaluation criteria to | ||
be used. | ||
(f) Correction or withdrawal of bids. Correction or | ||
withdrawal of inadvertently erroneous bids before or after | ||
award, or cancellation of awards of contracts based on bid | ||
mistakes, shall be permitted in accordance with rules. After | ||
bid opening, no changes in bid prices or other provisions of | ||
bids prejudicial to the interest of the State or fair | ||
competition shall be permitted. All decisions to permit the | ||
correction or withdrawal of bids based on bid mistakes shall | ||
be supported by written determination made by a State | ||
purchasing officer. |
(g) Award. The contract shall be awarded with reasonable | ||
promptness by written notice to the lowest responsible and | ||
responsive bidder whose bid meets the requirements and | ||
criteria set forth in the invitation for bids, except when a | ||
State purchasing officer determines it is not in the best | ||
interest of the State and by written explanation determines | ||
another bidder shall receive the award. The explanation shall | ||
appear in the appropriate volume of the Illinois Procurement | ||
Bulletin. The written explanation must include: | ||
(1) a description of the agency's needs; | ||
(2) a determination that the anticipated cost will be | ||
fair and reasonable; | ||
(3) a listing of all responsible and responsive | ||
bidders; and | ||
(4) the name of the bidder selected, the total | ||
contract price, and the reasons for selecting that bidder. | ||
Each chief procurement officer may adopt guidelines to | ||
implement the requirements of this subsection (g). | ||
The written explanation shall be filed with the | ||
Legislative Audit Commission, and the Commission on Equity and | ||
Inclusion, and the Procurement Policy Board, and be made | ||
available for inspection by the public, within 14 days after | ||
the agency's decision to award the contract. | ||
(h) Multi-step sealed bidding. When it is considered | ||
impracticable to initially prepare a purchase description to | ||
support an award based on price, an invitation for bids may be |
issued requesting the submission of unpriced offers to be | ||
followed by an invitation for bids limited to those bidders | ||
whose offers have been qualified under the criteria set forth | ||
in the first solicitation. | ||
(i) Alternative procedures. Notwithstanding any other | ||
provision of this Act to the contrary, the Director of the | ||
Illinois Power Agency may create alternative bidding | ||
procedures to be used in procuring professional services under | ||
subsections (a) and (c) of Section 1-75 and subsection (d) of | ||
Section 1-78 of the Illinois Power Agency Act and Section | ||
16-111.5(c) of the Public Utilities Act and to procure | ||
renewable energy resources under Section 1-56 of the Illinois | ||
Power Agency Act. These alternative procedures shall be set | ||
forth together with the other criteria contained in the | ||
invitation for bids, and shall appear in the appropriate | ||
volume of the Illinois Procurement Bulletin. | ||
(j) Reverse auction. Notwithstanding any other provision | ||
of this Section and in accordance with rules adopted by the | ||
chief procurement officer, that chief procurement officer may | ||
procure supplies or services through a competitive electronic | ||
auction bidding process after the chief procurement officer | ||
determines that the use of such a process will be in the best | ||
interest of the State. The chief procurement officer shall | ||
publish that determination in his or her next volume of the | ||
Illinois Procurement Bulletin. | ||
An invitation for bids shall be issued and shall include |
(i) a procurement description, (ii) all contractual terms, | ||
whenever practical, and (iii) conditions applicable to the | ||
procurement, including a notice that bids will be received in | ||
an electronic auction manner. | ||
Public notice of the invitation for bids shall be given in | ||
the same manner as provided in subsection (c). | ||
Bids shall be accepted electronically at the time and in | ||
the manner designated in the invitation for bids. During the | ||
auction, a bidder's price shall be disclosed to other bidders. | ||
Bidders shall have the opportunity to reduce their bid prices | ||
during the auction. At the conclusion of the auction, the | ||
record of the bid prices received and the name of each bidder | ||
shall be open to public inspection. | ||
After the auction period has terminated, withdrawal of | ||
bids shall be permitted as provided in subsection (f). | ||
The contract shall be awarded within 60 calendar days | ||
after the auction by written notice to the lowest responsible | ||
bidder, or all bids shall be rejected except as otherwise | ||
provided in this Code. Extensions of the date for the award may | ||
be made by mutual written consent of the State purchasing | ||
officer and the lowest responsible bidder. | ||
This subsection does not apply to (i) procurements of | ||
professional and artistic services, (ii) telecommunications | ||
services, communication services, and information services, | ||
and (iii) contracts for construction projects, including | ||
design professional services. |
(Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22; | ||
102-29, eff. 6-25-21 .) | ||
(Text of Section after amendment by P.A. 103-558 ) | ||
(Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, | ||
98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, and 103-558) | ||
Sec. 20-10. Competitive sealed bidding; reverse auction. | ||
(a) Conditions for use. All contracts shall be awarded by | ||
competitive sealed bidding except as otherwise provided in | ||
Section 20-5. | ||
(b) Invitation for bids. An invitation for bids shall be | ||
issued and shall include a purchase description and the | ||
material contractual terms and conditions applicable to the | ||
procurement. | ||
(c) Public notice. Public notice of the invitation for | ||
bids shall be published in the Illinois Procurement Bulletin | ||
at least 14 calendar days before the date set in the invitation | ||
for the opening of bids. | ||
(d) Bid opening. Bids shall be opened publicly or through | ||
an electronic procurement system in the presence of one or | ||
more witnesses at the time and place designated in the | ||
invitation for bids. The name of each bidder, including earned | ||
and applied bid credit from the Illinois Works Jobs Program | ||
Act, the amount of each bid, and other relevant information as | ||
may be specified by rule shall be recorded. After the award of | ||
the contract, the winning bid and the record of each |
unsuccessful bid shall be open to public inspection. | ||
(e) Bid acceptance and bid evaluation. Bids shall be | ||
unconditionally accepted without alteration or correction, | ||
except as authorized in this Code. Bids shall be evaluated | ||
based on the requirements set forth in the invitation for | ||
bids, which may include criteria to determine acceptability | ||
such as inspection, testing, quality, workmanship, delivery, | ||
and suitability for a particular purpose. Those criteria that | ||
will affect the bid price and be considered in evaluation for | ||
award, such as discounts, transportation costs, and total or | ||
life cycle costs, shall be objectively measurable. The | ||
invitation for bids shall set forth the evaluation criteria to | ||
be used. | ||
(f) Correction or withdrawal of bids. Correction or | ||
withdrawal of inadvertently erroneous bids before or after | ||
award, or cancellation of awards of contracts based on bid | ||
mistakes, shall be permitted in accordance with rules. After | ||
bid opening, no changes in bid prices or other provisions of | ||
bids prejudicial to the interest of the State or fair | ||
competition shall be permitted. All decisions to permit the | ||
correction or withdrawal of bids based on bid mistakes shall | ||
be supported by written determination made by a State | ||
purchasing officer. | ||
(g) Award. The contract shall be awarded with reasonable | ||
promptness by written notice to the lowest responsible and | ||
responsive bidder whose bid meets the requirements and |
criteria set forth in the invitation for bids, except when a | ||
State purchasing officer determines it is not in the best | ||
interest of the State and by written explanation determines | ||
another bidder shall receive the award. The explanation shall | ||
appear in the appropriate volume of the Illinois Procurement | ||
Bulletin. The written explanation must include: | ||
(1) a description of the agency's needs; | ||
(2) a determination that the anticipated cost will be | ||
fair and reasonable; | ||
(3) a listing of all responsible and responsive | ||
bidders; and | ||
(4) the name of the bidder selected, the total | ||
contract price, and the reasons for selecting that bidder. | ||
Each chief procurement officer may adopt guidelines to | ||
implement the requirements of this subsection (g). | ||
The written explanation shall be filed with the | ||
Legislative Audit Commission, and the Commission on Equity and | ||
Inclusion, and the Procurement Policy Board, and be made | ||
available for inspection by the public, within 14 calendar | ||
days after the agency's decision to award the contract. | ||
(g-5) Failed bid notice. In addition to the requirements | ||
of subsection (g), if a bidder has failed to be awarded a | ||
contract after 4 consecutive bids to provide the same services | ||
to the Department of Transportation, the Capital Development | ||
Board, or the Illinois State Toll Highway Authority, the | ||
applicable agency shall, in writing, detail why each of the 4 |
bids was not awarded to the bidder. The applicable agency | ||
shall submit by certified copy to the bidder the reason or | ||
reasons why each of the 4 bids was not awarded to the bidder. | ||
The agency shall submit that certified copy to the bidder | ||
within the same calendar quarter in which the fourth bid was | ||
rejected. This subsection does not apply if information | ||
pertaining to a failed bid was previously disclosed to a | ||
bidder by electronic means. If any agency chooses to provide | ||
information by electronic means, the agency shall have a | ||
written policy outlining how the agency will reasonably ensure | ||
the bidder receives the information. For the purposes of this | ||
subsection, "electronic means" means an email communication | ||
from the applicable agency to the bidder or a public posting on | ||
the applicable agency's procurement bulletin. | ||
(h) Multi-step sealed bidding. When it is considered | ||
impracticable to initially prepare a purchase description to | ||
support an award based on price, an invitation for bids may be | ||
issued requesting the submission of unpriced offers to be | ||
followed by an invitation for bids limited to those bidders | ||
whose offers have been qualified under the criteria set forth | ||
in the first solicitation. | ||
(i) Alternative procedures. Notwithstanding any other | ||
provision of this Act to the contrary, the Director of the | ||
Illinois Power Agency may create alternative bidding | ||
procedures to be used in procuring professional services under | ||
Section 1-56, subsections (a) and (c) of Section 1-75 and |
subsection (d) of Section 1-78 of the Illinois Power Agency | ||
Act and Section 16-111.5(c) of the Public Utilities Act and to | ||
procure renewable energy resources under Section 1-56 of the | ||
Illinois Power Agency Act. These alternative procedures shall | ||
be set forth together with the other criteria contained in the | ||
invitation for bids, and shall appear in the appropriate | ||
volume of the Illinois Procurement Bulletin. | ||
(j) Reverse auction. Notwithstanding any other provision | ||
of this Section and in accordance with rules adopted by the | ||
chief procurement officer, that chief procurement officer may | ||
procure supplies or services through a competitive electronic | ||
auction bidding process after the chief procurement officer | ||
determines that the use of such a process will be in the best | ||
interest of the State. The chief procurement officer shall | ||
publish that determination in his or her next volume of the | ||
Illinois Procurement Bulletin. | ||
An invitation for bids shall be issued and shall include | ||
(i) a procurement description, (ii) all contractual terms, | ||
whenever practical, and (iii) conditions applicable to the | ||
procurement, including a notice that bids will be received in | ||
an electronic auction manner. | ||
Public notice of the invitation for bids shall be given in | ||
the same manner as provided in subsection (c). | ||
Bids shall be accepted electronically at the time and in | ||
the manner designated in the invitation for bids. During the | ||
auction, a bidder's price shall be disclosed to other bidders. |
Bidders shall have the opportunity to reduce their bid prices | ||
during the auction. At the conclusion of the auction, the | ||
record of the bid prices received and the name of each bidder | ||
shall be open to public inspection. | ||
After the auction period has terminated, withdrawal of | ||
bids shall be permitted as provided in subsection (f). | ||
The contract shall be awarded within 60 calendar days | ||
after the auction by written notice to the lowest responsible | ||
bidder, or all bids shall be rejected except as otherwise | ||
provided in this Code. Extensions of the date for the award may | ||
be made by mutual written consent of the State purchasing | ||
officer and the lowest responsible bidder. | ||
This subsection does not apply to (i) procurements of | ||
professional and artistic services, (ii) telecommunications | ||
services, communication services, and information services, | ||
and (iii) contracts for construction projects, including | ||
design professional services. | ||
(Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24.) | ||
(Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, | ||
98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, and 103-558) | ||
Sec. 20-10. Competitive sealed bidding; reverse auction. | ||
(a) Conditions for use. All contracts shall be awarded by | ||
competitive sealed bidding except as otherwise provided in | ||
Section 20-5. | ||
(b) Invitation for bids. An invitation for bids shall be |
issued and shall include a purchase description and the | ||
material contractual terms and conditions applicable to the | ||
procurement. | ||
(c) Public notice. Public notice of the invitation for | ||
bids shall be published in the Illinois Procurement Bulletin | ||
at least 14 calendar days before the date set in the invitation | ||
for the opening of bids. | ||
(d) Bid opening. Bids shall be opened publicly or through | ||
an electronic procurement system in the presence of one or | ||
more witnesses at the time and place designated in the | ||
invitation for bids. The name of each bidder, including earned | ||
and applied bid credit from the Illinois Works Jobs Program | ||
Act, the amount of each bid, and other relevant information as | ||
may be specified by rule shall be recorded. After the award of | ||
the contract, the winning bid and the record of each | ||
unsuccessful bid shall be open to public inspection. | ||
(e) Bid acceptance and bid evaluation. Bids shall be | ||
unconditionally accepted without alteration or correction, | ||
except as authorized in this Code. Bids shall be evaluated | ||
based on the requirements set forth in the invitation for | ||
bids, which may include criteria to determine acceptability | ||
such as inspection, testing, quality, workmanship, delivery, | ||
and suitability for a particular purpose. Those criteria that | ||
will affect the bid price and be considered in evaluation for | ||
award, such as discounts, transportation costs, and total or | ||
life cycle costs, shall be objectively measurable. The |
invitation for bids shall set forth the evaluation criteria to | ||
be used. | ||
(f) Correction or withdrawal of bids. Correction or | ||
withdrawal of inadvertently erroneous bids before or after | ||
award, or cancellation of awards of contracts based on bid | ||
mistakes, shall be permitted in accordance with rules. After | ||
bid opening, no changes in bid prices or other provisions of | ||
bids prejudicial to the interest of the State or fair | ||
competition shall be permitted. All decisions to permit the | ||
correction or withdrawal of bids based on bid mistakes shall | ||
be supported by written determination made by a State | ||
purchasing officer. | ||
(g) Award. The contract shall be awarded with reasonable | ||
promptness by written notice to the lowest responsible and | ||
responsive bidder whose bid meets the requirements and | ||
criteria set forth in the invitation for bids, except when a | ||
State purchasing officer determines it is not in the best | ||
interest of the State and by written explanation determines | ||
another bidder shall receive the award. The explanation shall | ||
appear in the appropriate volume of the Illinois Procurement | ||
Bulletin. The written explanation must include: | ||
(1) a description of the agency's needs; | ||
(2) a determination that the anticipated cost will be | ||
fair and reasonable; | ||
(3) a listing of all responsible and responsive | ||
bidders; and |
(4) the name of the bidder selected, the total | ||
contract price, and the reasons for selecting that bidder. | ||
Each chief procurement officer may adopt guidelines to | ||
implement the requirements of this subsection (g). | ||
The written explanation shall be filed with the | ||
Legislative Audit Commission, and the Commission on Equity and | ||
Inclusion, and the Procurement Policy Board, and be made | ||
available for inspection by the public, within 14 days after | ||
the agency's decision to award the contract. | ||
(g-5) Failed bid notice. In addition to the requirements | ||
of subsection (g), if a bidder has failed to be awarded a | ||
contract after 4 consecutive bids to provide the same services | ||
to the Department of Transportation, the Capital Development | ||
Board, or the Illinois State Toll Highway Authority, the | ||
applicable agency shall, in writing, detail why each of the 4 | ||
bids was not awarded to the bidder. The applicable agency | ||
shall submit by certified copy to the bidder the reason or | ||
reasons why each of the 4 bids was not awarded to the bidder. | ||
The agency shall submit that certified copy to the bidder | ||
within the same calendar quarter in which the fourth bid was | ||
rejected. This subsection does not apply if information | ||
pertaining to a failed bid was previously disclosed to a | ||
bidder by electronic means. If any agency chooses to provide | ||
information by electronic means, the agency shall have a | ||
written policy outlining how the agency will reasonably ensure | ||
the bidder receives the information. For the purposes of this |
subsection, "electronic means" means an email communication | ||
from the applicable agency to the bidder or a public posting on | ||
the applicable agency's procurement bulletin. | ||
(h) Multi-step sealed bidding. When it is considered | ||
impracticable to initially prepare a purchase description to | ||
support an award based on price, an invitation for bids may be | ||
issued requesting the submission of unpriced offers to be | ||
followed by an invitation for bids limited to those bidders | ||
whose offers have been qualified under the criteria set forth | ||
in the first solicitation. | ||
(i) Alternative procedures. Notwithstanding any other | ||
provision of this Act to the contrary, the Director of the | ||
Illinois Power Agency may create alternative bidding | ||
procedures to be used in procuring professional services under | ||
subsections (a) and (c) of Section 1-75 and subsection (d) of | ||
Section 1-78 of the Illinois Power Agency Act and Section | ||
16-111.5(c) of the Public Utilities Act and to procure | ||
renewable energy resources under Section 1-56 of the Illinois | ||
Power Agency Act. These alternative procedures shall be set | ||
forth together with the other criteria contained in the | ||
invitation for bids, and shall appear in the appropriate | ||
volume of the Illinois Procurement Bulletin. | ||
(j) Reverse auction. Notwithstanding any other provision | ||
of this Section and in accordance with rules adopted by the | ||
chief procurement officer, that chief procurement officer may | ||
procure supplies or services through a competitive electronic |
auction bidding process after the chief procurement officer | ||
determines that the use of such a process will be in the best | ||
interest of the State. The chief procurement officer shall | ||
publish that determination in his or her next volume of the | ||
Illinois Procurement Bulletin. | ||
An invitation for bids shall be issued and shall include | ||
(i) a procurement description, (ii) all contractual terms, | ||
whenever practical, and (iii) conditions applicable to the | ||
procurement, including a notice that bids will be received in | ||
an electronic auction manner. | ||
Public notice of the invitation for bids shall be given in | ||
the same manner as provided in subsection (c). | ||
Bids shall be accepted electronically at the time and in | ||
the manner designated in the invitation for bids. During the | ||
auction, a bidder's price shall be disclosed to other bidders. | ||
Bidders shall have the opportunity to reduce their bid prices | ||
during the auction. At the conclusion of the auction, the | ||
record of the bid prices received and the name of each bidder | ||
shall be open to public inspection. | ||
After the auction period has terminated, withdrawal of | ||
bids shall be permitted as provided in subsection (f). | ||
The contract shall be awarded within 60 calendar days | ||
after the auction by written notice to the lowest responsible | ||
bidder, or all bids shall be rejected except as otherwise | ||
provided in this Code. Extensions of the date for the award may | ||
be made by mutual written consent of the State purchasing |
officer and the lowest responsible bidder. | ||
This subsection does not apply to (i) procurements of | ||
professional and artistic services, (ii) telecommunications | ||
services, communication services, and information services, | ||
and (iii) contracts for construction projects, including | ||
design professional services. | ||
(Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24.) | ||
Section 30. The Emergency Telephone System Act is amended | ||
by changing Sections 19, 30, and 35 as follows: | ||
(50 ILCS 750/19) | ||
(Section scheduled to be repealed on December 31, 2025) | ||
Sec. 19. Statewide 9-1-1 Advisory Board. | ||
(a) Beginning July 1, 2015, there is created the Statewide | ||
9-1-1 Advisory Board within the Illinois State Police. The | ||
Board shall consist of the following voting members: | ||
(1) The Director of the Illinois State Police, or his | ||
or her designee, who shall serve as chairman. | ||
(2) The Executive Director of the Commission, or his | ||
or her designee. | ||
(3) Members appointed by the Governor as follows: | ||
(A) one member representing the Illinois chapter | ||
of the National Emergency Number Association, or his | ||
or her designee; | ||
(B) one member representing the Illinois chapter |
of the Association of Public-Safety Communications | ||
Officials, or his or her designee; | ||
(C) one member representing a county 9-1-1 system | ||
from a county with a population of less than 37,000; | ||
(C-5) one member representing a county 9-1-1 | ||
system from a county with a population between 37,000 | ||
and 100,000; | ||
(D) one member representing a county 9-1-1 system | ||
from a county with a population between 100,001 and | ||
250,000; | ||
(E) one member representing a county 9-1-1 system | ||
from a county with a population of more than 250,000; | ||
(F) one member representing a municipal or | ||
intergovernmental cooperative 9-1-1 system, excluding | ||
any single municipality with a population over | ||
500,000; | ||
(G) one member representing the Illinois | ||
Association of Chiefs of Police; | ||
(H) one member representing the Illinois Sheriffs' | ||
Association; and | ||
(I) one member representing the Illinois Fire | ||
Chiefs Association. | ||
The Governor shall appoint the following non-voting | ||
members: (i) one member representing an incumbent local | ||
exchange 9-1-1 system provider; (ii) one member representing a | ||
non-incumbent local exchange 9-1-1 system provider; (iii) one |
member representing a large wireless carrier; (iv) one member | ||
representing an incumbent local exchange carrier; (v) one | ||
member representing the Illinois Broadband and | ||
Telecommunications Association; (vi) one member representing | ||
the Illinois Broadband and Cable Association; and (vii) one | ||
member representing the Illinois State Ambulance Association. | ||
The Speaker of the House of Representatives, the Minority | ||
Leader of the House of Representatives, the President of the | ||
Senate, and the Minority Leader of the Senate may each appoint | ||
a member of the General Assembly to temporarily serve as a | ||
non-voting member of the Board during the 12 months prior to | ||
the repeal date of this Act to discuss legislative initiatives | ||
of the Board. | ||
(b) The Governor shall make initial appointments to the | ||
Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the | ||
voting members appointed by the Governor shall serve an | ||
initial term of 2 years, and the remaining voting members | ||
appointed by the Governor shall serve an initial term of 3 | ||
years. Thereafter, each appointment by the Governor shall be | ||
for a term of 3 years and until their respective successors are | ||
appointed . Non-voting members shall serve for a term of 3 | ||
years. Vacancies shall be filled in the same manner as the | ||
original appointment. Persons appointed to fill a vacancy | ||
shall serve for the balance of the unexpired term. | ||
Members of the Statewide 9-1-1 Advisory Board shall serve | ||
without compensation. |
(c) The 9-1-1 Services Advisory Board, as constituted on | ||
June 1, 2015 without the legislative members, shall serve in | ||
the role of the Statewide 9-1-1 Advisory Board until all | ||
appointments of voting members have been made by the Governor | ||
under subsection (a) of this Section. | ||
(d) The Statewide 9-1-1 Advisory Board shall: | ||
(1) advise the Illinois State Police and the Statewide | ||
9-1-1 Administrator on the oversight of 9-1-1 systems and | ||
the development and implementation of a uniform statewide | ||
9-1-1 system; | ||
(2) make recommendations to the Governor and the | ||
General Assembly regarding improvements to 9-1-1 services | ||
throughout the State; and | ||
(3) exercise all other powers and duties provided in | ||
this Act. | ||
(e) The Statewide 9-1-1 Advisory Board shall submit to the | ||
General Assembly a report by March 1 of each year providing an | ||
update on the transition to a statewide 9-1-1 system and | ||
recommending any legislative action. | ||
(f) The Illinois State Police shall provide administrative | ||
support to the Statewide 9-1-1 Advisory Board. | ||
(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; | ||
102-813, eff. 5-13-22 .) | ||
(50 ILCS 750/30) | ||
(Text of Section before amendment by P.A. 103-366 ) |
(Section scheduled to be repealed on December 31, 2025) | ||
Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement. | ||
(a) A special fund in the State treasury known as the | ||
Wireless Service Emergency Fund shall be renamed the Statewide | ||
9-1-1 Fund. Any appropriations made from the Wireless Service | ||
Emergency Fund shall be payable from the Statewide 9-1-1 Fund. | ||
The Fund shall consist of the following: | ||
(1) 9-1-1 wireless surcharges assessed under the | ||
Wireless Emergency Telephone Safety Act. | ||
(2) 9-1-1 surcharges assessed under Section 20 of this | ||
Act. | ||
(3) Prepaid wireless 9-1-1 surcharges assessed under | ||
Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||
(4) Any appropriations, grants, or gifts made to the | ||
Fund. | ||
(5) Any income from interest, premiums, gains, or | ||
other earnings on moneys in the Fund. | ||
(6) Money from any other source that is deposited in | ||
or transferred to the Fund. | ||
(b) Subject to appropriation and availability of funds, | ||
the Illinois State Police shall distribute the 9-1-1 | ||
surcharges monthly as follows: | ||
(1) From each surcharge collected and remitted under | ||
Section 20 of this Act: | ||
(A) $0.013 shall be distributed monthly in equal | ||
amounts to each County Emergency Telephone System |
Board in counties with a population under 100,000 | ||
according to the most recent census data which is | ||
authorized to serve as a primary wireless 9-1-1 public | ||
safety answering point for the county and to provide | ||
wireless 9-1-1 service as prescribed by subsection (b) | ||
of Section 15.6a of this Act, and which does provide | ||
such service. | ||
(B) $0.033 shall be transferred by the Comptroller | ||
at the direction of the Illinois State Police to the | ||
Wireless Carrier Reimbursement Fund until June 30, | ||
2017; from July 1, 2017 through June 30, 2018, $0.026 | ||
shall be transferred; from July 1, 2018 through June | ||
30, 2019, $0.020 shall be transferred; from July 1, | ||
2019, through June 30, 2020, $0.013 shall be | ||
transferred; from July 1, 2020 through June 30, 2021, | ||
$0.007 will be transferred; and after June 30, 2021, | ||
no transfer shall be made to the Wireless Carrier | ||
Reimbursement Fund. | ||
(C) Until December 31, 2017, $0.007 and on and | ||
after January 1, 2018, $0.017 shall be used to cover | ||
the Illinois State Police's administrative costs. | ||
(D) Beginning January 1, 2018, until June 30, | ||
2020, $0.12, and on and after July 1, 2020, $0.04 shall | ||
be used to make monthly proportional grants to the | ||
appropriate 9-1-1 Authority currently taking wireless | ||
9-1-1 based upon the United States Postal Zip Code of |
the billing addresses of subscribers wireless | ||
carriers. | ||
(E) Until June 30, 2025 2023 , $0.05 shall be used | ||
by the Illinois State Police for grants for NG9-1-1 | ||
expenses, with priority given to 9-1-1 Authorities | ||
that provide 9-1-1 service within the territory of a | ||
Large Electing Provider as defined in Section 13-406.1 | ||
of the Public Utilities Act. | ||
(F) On and after July 1, 2020, $0.13 shall be used | ||
for the implementation of and continuing expenses for | ||
the Statewide NG9-1-1 system. | ||
(2) After disbursements under paragraph (1) of this | ||
subsection (b), all remaining funds in the Statewide 9-1-1 | ||
Fund shall be disbursed in the following priority order: | ||
(A) The Fund shall pay monthly to: | ||
(i) the 9-1-1 Authorities that imposed | ||
surcharges under Section 15.3 of this Act and were | ||
required to report to the Illinois Commerce | ||
Commission under Section 27 of the Wireless | ||
Emergency Telephone Safety Act on October 1, 2014, | ||
except a 9-1-1 Authority in a municipality with a | ||
population in excess of 500,000, an amount equal | ||
to the average monthly wireline and VoIP surcharge | ||
revenue attributable to the most recent 12-month | ||
period reported to the Illinois State Police under | ||
that Section for the October 1, 2014 filing, |
subject to the power of the Illinois State Police | ||
to investigate the amount reported and adjust the | ||
number by order under Article X of the Public | ||
Utilities Act, so that the monthly amount paid | ||
under this item accurately reflects one-twelfth of | ||
the aggregate wireline and VoIP surcharge revenue | ||
properly attributable to the most recent 12-month | ||
period reported to the Commission; or | ||
(ii) county qualified governmental entities | ||
that did not impose a surcharge under Section 15.3 | ||
as of December 31, 2015, and counties that did not | ||
impose a surcharge as of June 30, 2015, an amount | ||
equivalent to their population multiplied by .37 | ||
multiplied by the rate of $0.69; counties that are | ||
not county qualified governmental entities and | ||
that did not impose a surcharge as of December 31, | ||
2015, shall not begin to receive the payment | ||
provided for in this subsection until E9-1-1 and | ||
wireless E9-1-1 services are provided within their | ||
counties; or | ||
(iii) counties without 9-1-1 service that had | ||
a surcharge in place by December 31, 2015, an | ||
amount equivalent to their population multiplied | ||
by .37 multiplied by their surcharge rate as | ||
established by the referendum. | ||
(B) All 9-1-1 network costs for systems outside of |
municipalities with a population of at least 500,000 | ||
shall be paid by the Illinois State Police directly to | ||
the vendors. | ||
(C) All expenses incurred by the Administrator and | ||
the Statewide 9-1-1 Advisory Board and costs | ||
associated with procurement under Section 15.6b | ||
including requests for information and requests for | ||
proposals. | ||
(D) Funds may be held in reserve by the Statewide | ||
9-1-1 Advisory Board and disbursed by the Illinois | ||
State Police for grants under Section 15.4b of this | ||
Act and for NG9-1-1 expenses up to $12.5 million per | ||
year in State fiscal years 2016 and 2017; up to $20 | ||
million in State fiscal year 2018; up to $20.9 million | ||
in State fiscal year 2019; up to $15.3 million in State | ||
fiscal year 2020; up to $16.2 million in State fiscal | ||
year 2021; up to $23.1 million in State fiscal year | ||
2022; and up to $17.0 million per year for State fiscal | ||
year 2023 and each year thereafter. The amount held in | ||
reserve in State fiscal years 2021, 2022, and 2023 | ||
shall not be less than $6.5 million. Disbursements | ||
under this subparagraph (D) shall be prioritized as | ||
follows: (i) consolidation grants prioritized under | ||
subsection (a) of Section 15.4b of this Act; (ii) | ||
NG9-1-1 expenses; and (iii) consolidation grants under | ||
Section 15.4b of this Act for consolidation expenses |
incurred between January 1, 2010, and January 1, 2016. | ||
(E) All remaining funds per remit month shall be | ||
used to make monthly proportional grants to the | ||
appropriate 9-1-1 Authority currently taking wireless | ||
9-1-1 based upon the United States Postal Zip Code of | ||
the billing addresses of subscribers of wireless | ||
carriers. | ||
(c) The moneys deposited into the Statewide 9-1-1 Fund | ||
under this Section shall not be subject to administrative | ||
charges or chargebacks unless otherwise authorized by this | ||
Act. | ||
(d) Whenever two or more 9-1-1 Authorities consolidate, | ||
the resulting Joint Emergency Telephone System Board shall be | ||
entitled to the monthly payments that had theretofore been | ||
made to each consolidating 9-1-1 Authority. Any reserves held | ||
by any consolidating 9-1-1 Authority shall be transferred to | ||
the resulting Joint Emergency Telephone System Board. Whenever | ||
a county that has no 9-1-1 service as of January 1, 2016 enters | ||
into an agreement to consolidate to create or join a Joint | ||
Emergency Telephone System Board, the Joint Emergency | ||
Telephone System Board shall be entitled to the monthly | ||
payments that would have otherwise been paid to the county if | ||
it had provided 9-1-1 service. | ||
(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21; | ||
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) |
(Text of Section after amendment by P.A. 103-366 ) | ||
(Section scheduled to be repealed on December 31, 2025) | ||
Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement. | ||
(a) A special fund in the State treasury known as the | ||
Wireless Service Emergency Fund shall be renamed the Statewide | ||
9-1-1 Fund. Any appropriations made from the Wireless Service | ||
Emergency Fund shall be payable from the Statewide 9-1-1 Fund. | ||
The Fund shall consist of the following: | ||
(1) (Blank). | ||
(2) 9-1-1 surcharges assessed under Section 20 of this | ||
Act. | ||
(3) Prepaid wireless 9-1-1 surcharges assessed under | ||
Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||
(4) Any appropriations, grants, or gifts made to the | ||
Fund. | ||
(5) Any income from interest, premiums, gains, or | ||
other earnings on moneys in the Fund. | ||
(6) Money from any other source that is deposited in | ||
or transferred to the Fund. | ||
(b) Subject to appropriation and availability of funds, | ||
the Illinois State Police shall distribute the 9-1-1 | ||
surcharges monthly as follows: | ||
(1) From each surcharge collected and remitted under | ||
Section 20 of this Act: | ||
(A) $0.013 shall be distributed monthly in equal | ||
amounts to each County Emergency Telephone System |
Board in counties with a population under 100,000 | ||
according to the most recent census data which is | ||
authorized to serve as a primary wireless 9-1-1 public | ||
safety answering point for the county and to provide | ||
wireless 9-1-1 service as prescribed by subsection (b) | ||
of Section 15.6a of this Act, and which does provide | ||
such service. | ||
(B) (Blank). | ||
(C) Until December 31, 2017, $0.007 and on and | ||
after January 1, 2018, $0.017 shall be used to cover | ||
the Illinois State Police's administrative costs. | ||
(D) Beginning January 1, 2018, until June 30, | ||
2020, $0.12, and on and after July 1, 2020, $0.04 shall | ||
be used to make monthly disbursements to the | ||
appropriate 9-1-1 Authority currently taking wireless | ||
9-1-1 based upon the United States Postal Zip Code of | ||
the billing addresses of subscribers wireless | ||
carriers. | ||
(E) Until June 30, 2025 2023 , $0.05 shall be used | ||
by the Illinois State Police for grants for NG9-1-1 | ||
expenses, with priority given to 9-1-1 Authorities | ||
that provide 9-1-1 service within the territory of a | ||
Large Electing Provider as defined in Section 13-406.1 | ||
of the Public Utilities Act. | ||
(F) On and after July 1, 2020, $0.13 shall be used | ||
for the implementation of and continuing expenses for |
the Statewide NG9-1-1 system. | ||
(1.5) Beginning on the effective date of this | ||
amendatory Act of the 103rd General Assembly, to assist | ||
with the implementation of the statewide Next Generation | ||
9-1-1 network, the Illinois State Police's administrative | ||
costs include the one-time capital cost of upgrading the | ||
Illinois State Police's call-handling equipment to meet | ||
the standards necessary to access and increase | ||
interoperability with the statewide Next Generation 9-1-1 | ||
network. | ||
(A) Upon completion of the Illinois State Police's | ||
call-handling equipment upgrades, but no later than | ||
June 30, 2024, surplus moneys in excess of $1,000,000 | ||
from subparagraph (C) of paragraph (1) not utilized by | ||
the Illinois State Police for administrative costs | ||
shall be distributed to the 9-1-1 Authorities in | ||
accordance with subparagraph (E) of paragraph (2) on | ||
an annual basis at the end of the State fiscal year. | ||
Any remaining surplus money may also be distributed | ||
consistent with this paragraph (1.5) at the discretion | ||
of the Illinois State Police. | ||
(B) Upon implementation of the Statewide NG9-1-1 | ||
system, but no later than June 30, 2024, surplus | ||
moneys in excess of $5,000,000 from subparagraph (F) | ||
of paragraph (1) not utilized by the Illinois State | ||
Police for the implementation of and continuing |
expenses for the Statewide NG9-1-1 system shall be | ||
distributed to the 9-1-1 Authorities in accordance | ||
with subparagraph (E) of subsection (2) on an annual | ||
basis at the end of the State fiscal year. Any | ||
remaining surplus money may also be distributed | ||
consistent with this paragraph (1.5) at the discretion | ||
of the Illinois State Police. | ||
(2) After disbursements under paragraph (1) of this | ||
subsection (b), all remaining funds in the Statewide 9-1-1 | ||
Fund shall be disbursed in the following priority order: | ||
(A) The Fund shall pay monthly to: | ||
(i) the 9-1-1 Authorities that imposed | ||
surcharges under Section 15.3 of this Act and were | ||
required to report to the Illinois Commerce | ||
Commission under Section 27 of the Wireless | ||
Emergency Telephone Safety Act on October 1, 2014, | ||
except a 9-1-1 Authority in a municipality with a | ||
population in excess of 500,000, an amount equal | ||
to the average monthly wireline and VoIP surcharge | ||
revenue attributable to the most recent 12-month | ||
period reported to the Illinois State Police under | ||
that Section for the October 1, 2014 filing, | ||
subject to the power of the Illinois State Police | ||
to investigate the amount reported and adjust the | ||
number by order under Article X of the Public | ||
Utilities Act, so that the monthly amount paid |
under this item accurately reflects one-twelfth of | ||
the aggregate wireline and VoIP surcharge revenue | ||
properly attributable to the most recent 12-month | ||
period reported to the Commission; or | ||
(ii) county qualified governmental entities | ||
that did not impose a surcharge under Section 15.3 | ||
as of December 31, 2015, and counties that did not | ||
impose a surcharge as of June 30, 2015, an amount | ||
equivalent to their population multiplied by .37 | ||
multiplied by the rate of $0.69; counties that are | ||
not county qualified governmental entities and | ||
that did not impose a surcharge as of December 31, | ||
2015, shall not begin to receive the payment | ||
provided for in this subsection until E9-1-1 and | ||
wireless E9-1-1 services are provided within their | ||
counties; or | ||
(iii) counties without 9-1-1 service that had | ||
a surcharge in place by December 31, 2015, an | ||
amount equivalent to their population multiplied | ||
by .37 multiplied by their surcharge rate as | ||
established by the referendum. | ||
(B) All 9-1-1 network costs for systems outside of | ||
municipalities with a population of at least 500,000 | ||
shall be paid by the Illinois State Police directly to | ||
the vendors. | ||
(C) All expenses incurred by the Administrator and |
the Statewide 9-1-1 Advisory Board and costs | ||
associated with procurement under Section 15.6b | ||
including requests for information and requests for | ||
proposals. | ||
(D) Funds may be held in reserve by the Statewide | ||
9-1-1 Advisory Board and disbursed by the Illinois | ||
State Police for grants under Section 15.4b of this | ||
Act and for NG9-1-1 expenses up to $12.5 million per | ||
year in State fiscal years 2016 and 2017; up to $20 | ||
million in State fiscal year 2018; up to $20.9 million | ||
in State fiscal year 2019; up to $15.3 million in State | ||
fiscal year 2020; up to $16.2 million in State fiscal | ||
year 2021; up to $23.1 million in State fiscal year | ||
2022; and up to $17.0 million per year for State fiscal | ||
year 2023 and each year thereafter. The amount held in | ||
reserve in State fiscal years 2021, 2022, and 2023 | ||
shall not be less than $6.5 million. Disbursements | ||
under this subparagraph (D) shall be prioritized as | ||
follows: (i) consolidation grants prioritized under | ||
subsection (a) of Section 15.4b of this Act; (ii) | ||
NG9-1-1 expenses; and (iii) consolidation grants under | ||
Section 15.4b of this Act for consolidation expenses | ||
incurred between January 1, 2010, and January 1, 2016. | ||
(E) All remaining funds per remit month shall be | ||
used to make monthly disbursements to the appropriate | ||
9-1-1 Authority currently taking wireless 9-1-1 based |
upon the United States Postal Zip Code of the billing | ||
addresses of subscribers of wireless carriers. | ||
(c) The moneys deposited into the Statewide 9-1-1 Fund | ||
under this Section shall not be subject to administrative | ||
charges or chargebacks unless otherwise authorized by this | ||
Act. | ||
(d) Whenever two or more 9-1-1 Authorities consolidate, | ||
the resulting Joint Emergency Telephone System Board shall be | ||
entitled to the monthly payments that had theretofore been | ||
made to each consolidating 9-1-1 Authority. Any reserves held | ||
by any consolidating 9-1-1 Authority shall be transferred to | ||
the resulting Joint Emergency Telephone System Board. Whenever | ||
a county that has no 9-1-1 service as of January 1, 2016 enters | ||
into an agreement to consolidate to create or join a Joint | ||
Emergency Telephone System Board, the Joint Emergency | ||
Telephone System Board shall be entitled to the monthly | ||
payments that would have otherwise been paid to the county if | ||
it had provided 9-1-1 service. | ||
(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; | ||
102-813, eff. 5-13-22; 103-366, eff. 1-1-24.) | ||
(50 ILCS 750/35) | ||
(Text of Section before amendment by P.A. 103-366 ) | ||
(Section scheduled to be repealed on December 31, 2025) | ||
Sec. 35. 9-1-1 surcharge; allowable expenditures. Except | ||
as otherwise provided in this Act, expenditures from surcharge |
revenues received under this Act may be made by | ||
municipalities, counties, and 9-1-1 Authorities only to pay | ||
for the costs associated with the following: | ||
(1) The design of the Emergency Telephone System. | ||
(2) The coding of an initial Master Street Address | ||
Guide database, and update and maintenance thereof. | ||
(3) The repayment of any moneys advanced for the | ||
implementation of the system. | ||
(4) The charges for Automatic Number Identification | ||
and Automatic Location Identification equipment, a | ||
computer aided dispatch system that records, maintains, | ||
and integrates information, mobile data transmitters | ||
equipped with automatic vehicle locators, and maintenance, | ||
replacement, and update thereof to increase operational | ||
efficiency and improve the provision of emergency | ||
services. | ||
(5) The non-recurring charges related to installation | ||
of the Emergency Telephone System. | ||
(6) The initial acquisition and installation, or the | ||
reimbursement of costs therefor to other governmental | ||
bodies that have incurred those costs, of road or street | ||
signs that are essential to the implementation of the | ||
Emergency Telephone System and that are not duplicative of | ||
signs that are the responsibility of the jurisdiction | ||
charged with maintaining road and street signs. Funds may | ||
not be used for ongoing expenses associated with road or |
street sign maintenance and replacement. | ||
(7) Other products and services necessary for the | ||
implementation, upgrade, and maintenance of the system and | ||
any other purpose related to the operation of the system, | ||
including costs attributable directly to the construction, | ||
leasing, or maintenance of any buildings or facilities or | ||
costs of personnel attributable directly to the operation | ||
of the system. Costs attributable directly to the | ||
operation of an emergency telephone system do not include | ||
the costs of public safety agency personnel who are and | ||
equipment that is dispatched in response to an emergency | ||
call. | ||
(8) The defraying of expenses incurred to implement | ||
Next Generation 9-1-1, subject to the conditions set forth | ||
in this Act. | ||
(9) The implementation of a computer aided dispatch | ||
system or hosted supplemental 9-1-1 services. | ||
(10) The design, implementation, operation, | ||
maintenance, or upgrade of wireless 9-1-1, E9-1-1, or | ||
NG9-1-1 emergency services and public safety answering | ||
points. | ||
In the case of a municipality with a population over | ||
500,000, moneys may also be used for any anti-terrorism or | ||
emergency preparedness measures, including, but not limited | ||
to, preparedness planning, providing local matching funds for | ||
federal or State grants, personnel training, and specialized |
equipment, including surveillance cameras, as needed to deal | ||
with natural and terrorist-inspired emergency situations or | ||
events. | ||
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17 .) | ||
(Text of Section after amendment by P.A. 103-366 ) | ||
(Section scheduled to be repealed on December 31, 2025) | ||
Sec. 35. 9-1-1 surcharge; allowable expenditures. | ||
(a) Except as otherwise provided in this Act, expenditures | ||
from surcharge revenues received under this Act shall be made | ||
consistent with 47 CFR 9.23, which include the following: | ||
(1) support and implementation of 9-1-1 services | ||
provided by or in the State or taxing jurisdiction | ||
imposing the fee or charge; and | ||
(2) operational expenses of public safety answering | ||
points within the State. Examples of allowable | ||
expenditures include, but are not limited to: | ||
(A) PSAP operating costs, including lease, | ||
purchase, maintenance, replacement, and upgrade of | ||
customer premises equipment (hardware and software), | ||
CAD equipment (hardware and software), and the PSAP | ||
building and facility and including NG9-1-1, | ||
cybersecurity, pre-arrival instructions, and emergency | ||
notification systems. PSAP operating costs include | ||
technological innovation that supports 9-1-1; | ||
(B) PSAP personnel costs, including |
telecommunicators' salaries and training; | ||
(C) PSAP administration, including costs for | ||
administration of 9-1-1 services and travel expenses | ||
associated with the provision of 9-1-1 services; | ||
(D) integrating public safety and first responder | ||
dispatch and 9-1-1 systems, including lease, purchase, | ||
maintenance, and upgrade of CAD equipment (hardware | ||
and software) to support integrated 9-1-1 and public | ||
safety dispatch operations; and | ||
(E) providing the interoperability of 9-1-1 | ||
systems with one another and with public safety and | ||
first responder radio systems ; and . | ||
(F) costs for the initial acquisition and | ||
installation of road or street signs that are | ||
essential to the implementation of the Emergency | ||
Telephone System and that are not duplicative of signs | ||
that are the responsibility of the jurisdiction | ||
charged with maintaining road and street signs, as | ||
well as costs incurred to reimburse governmental | ||
bodies for the acquisition and installation of those | ||
signs, except that expenditures may not be used for | ||
ongoing expenses associated with sign maintenance and | ||
replacement. | ||
(3) (Blank). | ||
(4) (Blank). | ||
(5) (Blank). |
(6) (Blank). | ||
(7) (Blank). | ||
(8) (Blank). | ||
(9) (Blank). | ||
(10) (Blank). | ||
(b) The obligation or expenditure of surcharge revenues | ||
received under this Act for a purpose or function inconsistent | ||
with 47 CFR 9.23 and this Section shall constitute diversion, | ||
which undermines the purpose of this Act by depriving the | ||
9-1-1 system of the funds it needs to function effectively and | ||
to modernize 9-1-1 operations. Examples of diversion include, | ||
but are not limited to: | ||
(1) transfer of 9-1-1 fees into a State or other | ||
jurisdiction's general fund or other fund for non-9-1-1 | ||
purposes; | ||
(2) use of surcharge revenues for equipment or | ||
infrastructure for constructing or expanding | ||
non-public-safety communications networks (e.g., | ||
commercial cellular networks); and | ||
(3) use of surcharge revenues for equipment or | ||
infrastructure for law enforcement, firefighters, and | ||
other public safety or first responder entities that does | ||
not directly support providing 9-1-1 services. | ||
(c) In the case of a municipality with a population over | ||
500,000, moneys may also be used for any anti-terrorism or | ||
emergency preparedness measures, including, but not limited |
to, preparedness planning, providing local matching funds for | ||
federal or State grants, personnel training, and specialized | ||
equipment, including surveillance cameras, as needed to deal | ||
with natural and terrorist-inspired emergency situations or | ||
events. | ||
(Source: P.A. 103-366, eff. 1-1-24.) | ||
Section 35. The Prepaid Wireless 9-1-1 Surcharge Act is | ||
amended by changing Section 15 as follows: | ||
(50 ILCS 753/15) | ||
Sec. 15. Prepaid wireless 9-1-1 surcharge. | ||
(a) Until September 30, 2015, there is hereby imposed on | ||
consumers a prepaid wireless 9-1-1 surcharge of 1.5% per | ||
retail transaction. Beginning October 1, 2015, the prepaid | ||
wireless 9-1-1 surcharge shall be 3% per retail transaction. | ||
Until December 31, 2023, the The surcharge authorized by this | ||
subsection (a) does not apply in a home rule municipality | ||
having a population in excess of 500,000. | ||
(a-5) On or after the effective date of this amendatory | ||
Act of the 98th General Assembly and until December 31, 2023, a | ||
home rule municipality having a population in excess of | ||
500,000 on the effective date of this amendatory Act may | ||
impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per | ||
retail transaction sourced to that jurisdiction and collected | ||
and remitted in accordance with the provisions of subsection |
(b-5) of this Section. | ||
(b) The prepaid wireless 9-1-1 surcharge shall be | ||
collected by the seller from the consumer with respect to each | ||
retail transaction occurring in this State and shall be | ||
remitted to the Department by the seller as provided in this | ||
Act. The amount of the prepaid wireless 9-1-1 surcharge shall | ||
be separately stated as a distinct item apart from the charge | ||
for the prepaid wireless telecommunications service on an | ||
invoice, receipt, or other similar document that is provided | ||
to the consumer by the seller or shall be otherwise disclosed | ||
to the consumer. If the seller does not separately state the | ||
surcharge as a distinct item to the consumer as provided in | ||
this Section, then the seller shall maintain books and records | ||
as required by this Act which clearly identify the amount of | ||
the 9-1-1 surcharge for retail transactions. | ||
For purposes of this subsection (b), a retail transaction | ||
occurs in this State if (i) the retail transaction is made in | ||
person by a consumer at the seller's business location and the | ||
business is located within the State; (ii) the seller is a | ||
provider and sells prepaid wireless telecommunications service | ||
to a consumer located in Illinois; (iii) the retail | ||
transaction is treated as occurring in this State for purposes | ||
of the Retailers' Occupation Tax Act; or (iv) a seller that is | ||
included within the definition of a "retailer maintaining a | ||
place of business in this State" under Section 2 of the Use Tax | ||
Act makes a sale of prepaid wireless telecommunications |
service to a consumer located in Illinois. In the case of a | ||
retail transaction which does not occur in person at a | ||
seller's business location, if a consumer uses a credit card | ||
to purchase prepaid wireless telecommunications service | ||
on-line or over the telephone, and no product is shipped to the | ||
consumer, the transaction occurs in this State if the billing | ||
address for the consumer's credit card is in this State. | ||
(b-5) The prepaid wireless 9-1-1 surcharge imposed under | ||
subsection (a-5) of this Section shall be collected by the | ||
seller from the consumer with respect to each retail | ||
transaction occurring in the municipality imposing the | ||
surcharge. The amount of the prepaid wireless 9-1-1 surcharge | ||
shall be separately stated on an invoice, receipt, or other | ||
similar document that is provided to the consumer by the | ||
seller or shall be otherwise disclosed to the consumer. If the | ||
seller does not separately state the surcharge as a distinct | ||
item to the consumer as provided in this Section, then the | ||
seller shall maintain books and records as required by this | ||
Act which clearly identify the amount of the 9-1-1 surcharge | ||
for retail transactions. | ||
For purposes of this subsection (b-5), a retail | ||
transaction occurs in the municipality if (i) the retail | ||
transaction is made in person by a consumer at the seller's | ||
business location and the business is located within the | ||
municipality; (ii) the seller is a provider and sells prepaid | ||
wireless telecommunications service to a consumer located in |
the municipality; (iii) the retail transaction is treated as | ||
occurring in the municipality for purposes of the Retailers' | ||
Occupation Tax Act; or (iv) a seller that is included within | ||
the definition of a "retailer maintaining a place of business | ||
in this State" under Section 2 of the Use Tax Act makes a sale | ||
of prepaid wireless telecommunications service to a consumer | ||
located in the municipality. In the case of a retail | ||
transaction which does not occur in person at a seller's | ||
business location, if a consumer uses a credit card to | ||
purchase prepaid wireless telecommunications service on-line | ||
or over the telephone, and no product is shipped to the | ||
consumer, the transaction occurs in the municipality if the | ||
billing address for the consumer's credit card is in the | ||
municipality. | ||
(c) The prepaid wireless 9-1-1 surcharge is imposed on the | ||
consumer and not on any provider. The seller shall be liable to | ||
remit all prepaid wireless 9-1-1 surcharges that the seller | ||
collects from consumers as provided in Section 20, including | ||
all such surcharges that the seller is deemed to collect where | ||
the amount of the surcharge has not been separately stated on | ||
an invoice, receipt, or other similar document provided to the | ||
consumer by the seller. The surcharge collected or deemed | ||
collected by a seller shall constitute a debt owed by the | ||
seller to this State, and any such surcharge actually | ||
collected shall be held in trust for the benefit of the | ||
Department. |
For purposes of this subsection (c), the surcharge shall | ||
not be imposed or collected from entities that have an active | ||
tax exemption identification number issued by the Department | ||
under Section 1g of the Retailers' Occupation Tax Act. | ||
(d) The amount of the prepaid wireless 9-1-1 surcharge | ||
that is collected by a seller from a consumer, if such amount | ||
is separately stated on an invoice, receipt, or other similar | ||
document provided to the consumer by the seller, shall not be | ||
included in the base for measuring any tax, fee, surcharge, or | ||
other charge that is imposed by this State, any political | ||
subdivision of this State, or any intergovernmental agency. | ||
(e) (Blank). | ||
(e-5) Any changes in the rate of the surcharge imposed by a | ||
municipality under the authority granted in subsection (a-5) | ||
of this Section shall be effective on the first day of the | ||
first calendar month to occur at least 60 days after the | ||
enactment of the change. The Department shall provide not less | ||
than 30 days' notice of the increase or reduction in the rate | ||
of such surcharge on the Department's website. | ||
(f) When prepaid wireless telecommunications service is | ||
sold with one or more other products or services for a single, | ||
non-itemized price, then the percentage specified in | ||
subsection (a) or (a-5) of this Section 15 shall be applied to | ||
the entire non-itemized price unless the seller elects to | ||
apply the percentage to (i) the dollar amount of the prepaid | ||
wireless telecommunications service if that dollar amount is |
disclosed to the consumer or (ii) the portion of the price that | ||
is attributable to the prepaid wireless telecommunications | ||
service if the retailer can identify that portion by | ||
reasonable and verifiable standards from its books and records | ||
that are kept in the regular course of business for other | ||
purposes, including, but not limited to, books and records | ||
that are kept for non-tax purposes. However, if a minimal | ||
amount of prepaid wireless telecommunications service is sold | ||
with a prepaid wireless device for a single, non-itemized | ||
price, then the seller may elect not to apply the percentage | ||
specified in subsection (a) or (a-5) of this Section 15 to such | ||
transaction. For purposes of this subsection, an amount of | ||
service denominated as 10 minutes or less or $5 or less is | ||
considered minimal. | ||
(g) The prepaid wireless 9-1-1 surcharge imposed under | ||
subsections (a) and (a-5) of this Section is not imposed on the | ||
provider or the consumer for wireless Lifeline service where | ||
the consumer does not pay the provider for the service. Where | ||
the consumer purchases from the provider optional minutes, | ||
texts, or other services in addition to the federally funded | ||
Lifeline benefit, a consumer must pay the prepaid wireless | ||
9-1-1 surcharge, and it must be collected by the seller | ||
according to subsection (b-5). | ||
(Source: P.A. 102-9, eff. 6-3-21.) | ||
Section 40. The School Code is amended by changing |
Sections 21B-20, 27-20.3, and 27-21 and by renumbering and | ||
changing Section 22-95, as added by Public Act 103-46, as | ||
follows: | ||
(105 ILCS 5/21B-20) | ||
(Text of Section before amendment by P.A. 103-193 ) | ||
Sec. 21B-20. Types of licenses. The State Board of | ||
Education shall implement a system of educator licensure, | ||
whereby individuals employed in school districts who are | ||
required to be licensed must have one of the following | ||
licenses: (i) a professional educator license; (ii) an | ||
educator license with stipulations; (iii) a substitute | ||
teaching license; or (iv) until June 30, 2028, a short-term | ||
substitute teaching license. References in law regarding | ||
individuals certified or certificated or required to be | ||
certified or certificated under Article 21 of this Code shall | ||
also include individuals licensed or required to be licensed | ||
under this Article. The first year of all licenses ends on June | ||
30 following one full year of the license being issued. | ||
The State Board of Education, in consultation with the | ||
State Educator Preparation and Licensure Board, may adopt such | ||
rules as may be necessary to govern the requirements for | ||
licenses and endorsements under this Section. | ||
(1) Professional Educator License. Persons who (i) | ||
have successfully completed an approved educator | ||
preparation program and are recommended for licensure by |
the Illinois institution offering the educator preparation | ||
program, (ii) have successfully completed the required | ||
testing under Section 21B-30 of this Code, (iii) have | ||
successfully completed coursework on the psychology of, | ||
the identification of, and the methods of instruction for | ||
the exceptional child, including , without limitation , | ||
children with learning disabilities, (iv) have | ||
successfully completed coursework in methods of reading | ||
and reading in the content area, and (v) have met all other | ||
criteria established by rule of the State Board of | ||
Education shall be issued a Professional Educator License. | ||
All Professional Educator Licenses are valid until June 30 | ||
immediately following 5 years of the license being issued. | ||
The Professional Educator License shall be endorsed with | ||
specific areas and grade levels in which the individual is | ||
eligible to practice. For an early childhood education | ||
endorsement, an individual may satisfy the student | ||
teaching requirement of his or her early childhood teacher | ||
preparation program through placement in a setting with | ||
children from birth through grade 2, and the individual | ||
may be paid and receive credit while student teaching. The | ||
student teaching experience must meet the requirements of | ||
and be approved by the individual's early childhood | ||
teacher preparation program. | ||
Individuals can receive subsequent endorsements on the | ||
Professional Educator License. Subsequent endorsements |
shall require a minimum of 24 semester hours of coursework | ||
in the endorsement area and passage of the applicable | ||
content area test, unless otherwise specified by rule. | ||
(2) Educator License with Stipulations. An Educator | ||
License with Stipulations shall be issued an endorsement | ||
that limits the license holder to one particular position | ||
or does not require completion of an approved educator | ||
program or both. | ||
An individual with an Educator License with | ||
Stipulations must not be employed by a school district or | ||
any other entity to replace any presently employed teacher | ||
who otherwise would not be replaced for any reason. | ||
An Educator License with Stipulations may be issued | ||
with the following endorsements: | ||
(A) (Blank). | ||
(B) Alternative provisional educator. An | ||
alternative provisional educator endorsement on an | ||
Educator License with Stipulations may be issued to an | ||
applicant who, at the time of applying for the | ||
endorsement, has done all of the following: | ||
(i) Graduated from a regionally accredited | ||
college or university with a minimum of a | ||
bachelor's degree. | ||
(ii) Successfully completed the first phase of | ||
the Alternative Educator Licensure Program for | ||
Teachers, as described in Section 21B-50 of this |
Code. | ||
(iii) Passed a content area test, as required | ||
under Section 21B-30 of this Code. | ||
The alternative provisional educator endorsement is | ||
valid for 2 years of teaching and may be renewed for a | ||
third year by an individual meeting the requirements set | ||
forth in Section 21B-50 of this Code. | ||
(C) Alternative provisional superintendent. An | ||
alternative provisional superintendent endorsement on | ||
an Educator License with Stipulations entitles the | ||
holder to serve only as a superintendent or assistant | ||
superintendent in a school district's central office. | ||
This endorsement may only be issued to an applicant | ||
who, at the time of applying for the endorsement, has | ||
done all of the following: | ||
(i) Graduated from a regionally accredited | ||
college or university with a minimum of a master's | ||
degree in a management field other than education. | ||
(ii) Been employed for a period of at least 5 | ||
years in a management level position in a field | ||
other than education. | ||
(iii) Successfully completed the first phase | ||
of an alternative route to superintendent | ||
endorsement program, as provided in Section 21B-55 | ||
of this Code. | ||
(iv) Passed a content area test required under |
Section 21B-30 of this Code. | ||
The endorsement is valid for 2 fiscal years in | ||
order to complete one full year of serving as a | ||
superintendent or assistant superintendent. | ||
(D) (Blank). | ||
(E) Career and technical educator. A career and | ||
technical educator endorsement on an Educator License | ||
with Stipulations may be issued to an applicant who | ||
has a minimum of 60 semester hours of coursework from a | ||
regionally accredited institution of higher education | ||
or an accredited trade and technical institution and | ||
has a minimum of 2,000 hours of experience outside of | ||
education in each area to be taught. | ||
The career and technical educator endorsement on | ||
an Educator License with Stipulations is valid until | ||
June 30 immediately following 5 years of the | ||
endorsement being issued and may be renewed. | ||
An individual who holds a valid career and | ||
technical educator endorsement on an Educator License | ||
with Stipulations but does not hold a bachelor's | ||
degree may substitute teach in career and technical | ||
education classrooms. | ||
(F) (Blank). | ||
(G) Transitional bilingual educator. A | ||
transitional bilingual educator endorsement on an | ||
Educator License with Stipulations may be issued for |
the purpose of providing instruction in accordance | ||
with Article 14C of this Code to an applicant who | ||
provides satisfactory evidence that he or she meets | ||
all of the following requirements: | ||
(i) Possesses adequate speaking, reading, and | ||
writing ability in the language other than English | ||
in which transitional bilingual education is | ||
offered. | ||
(ii) Has the ability to successfully | ||
communicate in English. | ||
(iii) Either possessed, within 5 years | ||
previous to his or her applying for a transitional | ||
bilingual educator endorsement, a valid and | ||
comparable teaching certificate or comparable | ||
authorization issued by a foreign country or holds | ||
a degree from an institution of higher learning in | ||
a foreign country that the State Educator | ||
Preparation and Licensure Board determines to be | ||
the equivalent of a bachelor's degree from a | ||
regionally accredited institution of higher | ||
learning in the United States. | ||
A transitional bilingual educator endorsement | ||
shall be valid for prekindergarten through grade 12, | ||
is valid until June 30 immediately following 5 years | ||
of the endorsement being issued, and shall not be | ||
renewed. |
Persons holding a transitional bilingual educator | ||
endorsement shall not be employed to replace any | ||
presently employed teacher who otherwise would not be | ||
replaced for any reason. | ||
(H) Language endorsement. In an effort to | ||
alleviate the shortage of teachers speaking a language | ||
other than English in the public schools, an | ||
individual who holds an Educator License with | ||
Stipulations may also apply for a language | ||
endorsement, provided that the applicant provides | ||
satisfactory evidence that he or she meets all of the | ||
following requirements: | ||
(i) Holds a transitional bilingual | ||
endorsement. | ||
(ii) Has demonstrated proficiency in the | ||
language for which the endorsement is to be issued | ||
by passing the applicable language content test | ||
required by the State Board of Education. | ||
(iii) Holds a bachelor's degree or higher from | ||
a regionally accredited institution of higher | ||
education or, for individuals educated in a | ||
country other than the United States, holds a | ||
degree from an institution of higher learning in a | ||
foreign country that the State Educator | ||
Preparation and Licensure Board determines to be | ||
the equivalent of a bachelor's degree from a |
regionally accredited institution of higher | ||
learning in the United States. | ||
(iv) (Blank). | ||
A language endorsement on an Educator License with | ||
Stipulations is valid for prekindergarten through | ||
grade 12 for the same validity period as the | ||
individual's transitional bilingual educator | ||
endorsement on the Educator License with Stipulations | ||
and shall not be renewed. | ||
(I) Visiting international educator. A visiting | ||
international educator endorsement on an Educator | ||
License with Stipulations may be issued to an | ||
individual who is being recruited by a particular | ||
school district that conducts formal recruitment | ||
programs outside of the United States to secure the | ||
services of qualified teachers and who meets all of | ||
the following requirements: | ||
(i) Holds the equivalent of a minimum of a | ||
bachelor's degree issued in the United States. | ||
(ii) Has been prepared as a teacher at the | ||
grade level for which he or she will be employed. | ||
(iii) Has adequate content knowledge in the | ||
subject to be taught. | ||
(iv) Has an adequate command of the English | ||
language. | ||
A holder of a visiting international educator |
endorsement on an Educator License with Stipulations | ||
shall be permitted to teach in bilingual education | ||
programs in the language that was the medium of | ||
instruction in his or her teacher preparation program, | ||
provided that he or she passes the English Language | ||
Proficiency Examination or another test of writing | ||
skills in English identified by the State Board of | ||
Education, in consultation with the State Educator | ||
Preparation and Licensure Board. | ||
A visiting international educator endorsement on | ||
an Educator License with Stipulations is valid for 5 | ||
years and shall not be renewed. | ||
(J) Paraprofessional educator. A paraprofessional | ||
educator endorsement on an Educator License with | ||
Stipulations may be issued to an applicant who holds a | ||
high school diploma or its recognized equivalent and | ||
(i) holds an associate's degree or a minimum of 60 | ||
semester hours of credit from a regionally accredited | ||
institution of higher education; (ii) has passed a | ||
paraprofessional competency test under subsection | ||
(c-5) of Section 21B-30; or (iii) is at least 18 years | ||
of age and will be using the Educator License with | ||
Stipulations exclusively for grades prekindergarten | ||
through grade 8, until the individual reaches the age | ||
of 19 years and otherwise meets the criteria for a | ||
paraprofessional educator endorsement pursuant to this |
subparagraph (J). The paraprofessional educator | ||
endorsement is valid until June 30 immediately | ||
following 5 years of the endorsement being issued and | ||
may be renewed through application and payment of the | ||
appropriate fee, as required under Section 21B-40 of | ||
this Code. An individual who holds only a | ||
paraprofessional educator endorsement is not subject | ||
to additional requirements in order to renew the | ||
endorsement. | ||
(K) Chief school business official. A chief school | ||
business official endorsement on an Educator License | ||
with Stipulations may be issued to an applicant who | ||
qualifies by having a master's degree or higher, 2 | ||
years of full-time administrative experience in school | ||
business management or 2 years of university-approved | ||
practical experience, and a minimum of 24 semester | ||
hours of graduate credit in a program approved by the | ||
State Board of Education for the preparation of school | ||
business administrators and by passage of the | ||
applicable State tests, including an applicable | ||
content area test. | ||
The chief school business official endorsement may | ||
also be affixed to the Educator License with | ||
Stipulations of any holder who qualifies by having a | ||
master's degree in business administration, finance, | ||
accounting, or public administration and who completes |
an additional 6 semester hours of internship in school | ||
business management from a regionally accredited | ||
institution of higher education and passes the | ||
applicable State tests, including an applicable | ||
content area test. This endorsement shall be required | ||
for any individual employed as a chief school business | ||
official. | ||
The chief school business official endorsement on | ||
an Educator License with Stipulations is valid until | ||
June 30 immediately following 5 years of the | ||
endorsement being issued and may be renewed if the | ||
license holder completes renewal requirements as | ||
required for individuals who hold a Professional | ||
Educator License endorsed for chief school business | ||
official under Section 21B-45 of this Code and such | ||
rules as may be adopted by the State Board of | ||
Education. | ||
The State Board of Education shall adopt any rules | ||
necessary to implement Public Act 100-288. | ||
(L) Provisional in-state educator. A provisional | ||
in-state educator endorsement on an Educator License | ||
with Stipulations may be issued to a candidate who has | ||
completed an Illinois-approved educator preparation | ||
program at an Illinois institution of higher education | ||
and who has not successfully completed an | ||
evidence-based assessment of teacher effectiveness but |
who meets all of the following requirements: | ||
(i) Holds at least a bachelor's degree. | ||
(ii) Has completed an approved educator | ||
preparation program at an Illinois institution. | ||
(iii) Has passed an applicable content area | ||
test, as required by Section 21B-30 of this Code. | ||
(iv) Has attempted an evidence-based | ||
assessment of teacher effectiveness and received a | ||
minimum score on that assessment, as established | ||
by the State Board of Education in consultation | ||
with the State Educator Preparation and Licensure | ||
Board. | ||
A provisional in-state educator endorsement on an | ||
Educator License with Stipulations is valid for one | ||
full fiscal year after the date of issuance and may not | ||
be renewed. | ||
(M) (Blank). | ||
(N) Specialized services. A specialized services | ||
endorsement on an Educator License with Stipulations | ||
may be issued as defined and specified by rule. | ||
(O) Provisional career and technical educator. A | ||
provisional career and technical educator endorsement | ||
on an Educator License with Stipulations may be issued | ||
to an applicant who has a minimum of 8,000 hours of | ||
work experience in the skill for which the applicant | ||
is seeking the endorsement. Each employing school |
board and regional office of education shall provide | ||
verification, in writing, to the State Superintendent | ||
of Education at the time the application is submitted | ||
that no qualified teacher holding a Professional | ||
Educator License or an Educator License with | ||
Stipulations with a career and technical educator | ||
endorsement is available to teach and that actual | ||
circumstances require such issuance. | ||
A provisional career and technical educator | ||
endorsement on an Educator License with Stipulations | ||
is valid until June 30 immediately following 5 years | ||
of the endorsement being issued and may be renewed. | ||
An individual who holds a provisional career and | ||
technical educator endorsement on an Educator License | ||
with Stipulations may teach as a substitute teacher in | ||
career and technical education classrooms. | ||
(3) Substitute Teaching License. A Substitute Teaching | ||
License may be issued to qualified applicants for | ||
substitute teaching in all grades of the public schools, | ||
prekindergarten through grade 12. Substitute Teaching | ||
Licenses are not eligible for endorsements. Applicants for | ||
a Substitute Teaching License must hold a bachelor's | ||
degree or higher from a regionally accredited institution | ||
of higher education or must be enrolled in an approved | ||
educator preparation program in this State and have earned | ||
at least 90 credit hours. |
Substitute Teaching Licenses are valid for 5 years. | ||
Substitute Teaching Licenses are valid for substitute | ||
teaching in every county of this State. If an individual | ||
has had his or her Professional Educator License or | ||
Educator License with Stipulations suspended or revoked, | ||
then that individual is not eligible to obtain a | ||
Substitute Teaching License. | ||
A substitute teacher may only teach in the place of a | ||
licensed teacher who is under contract with the employing | ||
board. If, however, there is no licensed teacher under | ||
contract because of an emergency situation, then a | ||
district may employ a substitute teacher for no longer | ||
than 30 calendar days per each vacant position in the | ||
district if the district notifies the appropriate regional | ||
office of education within 5 business days after the | ||
employment of the substitute teacher in the emergency | ||
situation. An emergency situation is one in which an | ||
unforeseen vacancy has occurred and (i) a teacher is | ||
unable to fulfill his or her contractual duties or (ii) | ||
teacher capacity needs of the district exceed previous | ||
indications, and the district is actively engaged in | ||
advertising to hire a fully licensed teacher for the | ||
vacant position. | ||
There is no limit on the number of days that a | ||
substitute teacher may teach in a single school district, | ||
provided that no substitute teacher may teach for longer |
than 120 days beginning with the 2021-2022 school year | ||
through the 2022-2023 school year, otherwise 90 school | ||
days for any one licensed teacher under contract in the | ||
same school year. A substitute teacher who holds a | ||
Professional Educator License or Educator License with | ||
Stipulations shall not teach for more than 120 school days | ||
for any one licensed teacher under contract in the same | ||
school year. The limitations in this paragraph (3) on the | ||
number of days a substitute teacher may be employed do not | ||
apply to any school district operating under Article 34 of | ||
this Code. | ||
A school district may not require an individual who | ||
holds a valid Professional Educator License or Educator | ||
License with Stipulations to seek or hold a Substitute | ||
Teaching License to teach as a substitute teacher. | ||
(4) Short-Term Substitute Teaching License. Beginning | ||
on July 1, 2018 and until June 30, 2028, applicants may | ||
apply to the State Board of Education for issuance of a | ||
Short-Term Substitute Teaching License. A Short-Term | ||
Substitute Teaching License may be issued to a qualified | ||
applicant for substitute teaching in all grades of the | ||
public schools, prekindergarten through grade 12. | ||
Short-Term Substitute Teaching Licenses are not eligible | ||
for endorsements. Applicants for a Short-Term Substitute | ||
Teaching License must hold an associate's degree or have | ||
completed at least 60 credit hours from a regionally |
accredited institution of higher education. | ||
Short-Term Substitute Teaching Licenses are valid for | ||
substitute teaching in every county of this State. If an | ||
individual has had his or her Professional Educator | ||
License or Educator License with Stipulations suspended or | ||
revoked, then that individual is not eligible to obtain a | ||
Short-Term Substitute Teaching License. | ||
The provisions of Sections 10-21.9 and 34-18.5 of this | ||
Code apply to short-term substitute teachers. | ||
An individual holding a Short-Term Substitute Teaching | ||
License may teach no more than 15 consecutive days per | ||
licensed teacher who is under contract. For teacher | ||
absences lasting 6 or more days per licensed teacher who | ||
is under contract, a school district may not hire an | ||
individual holding a Short-Term Substitute Teaching | ||
License, unless the Governor has declared a disaster due | ||
to a public health emergency pursuant to Section 7 of the | ||
Illinois Emergency Management Agency Act. An individual | ||
holding a Short-Term Substitute Teaching License must | ||
complete the training program under Section 10-20.67 or | ||
34-18.60 of this Code to be eligible to teach at a public | ||
school. Short-Term Substitute Teaching Licenses Short-term | ||
substitute teaching licenses under this Section are valid | ||
for 5 years. | ||
(Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22; | ||
102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff. |
5-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23; revised | ||
9-7-23.) | ||
(Text of Section after amendment by P.A. 103-193 ) | ||
Sec. 21B-20. Types of licenses. The State Board of | ||
Education shall implement a system of educator licensure, | ||
whereby individuals employed in school districts who are | ||
required to be licensed must have one of the following | ||
licenses: (i) a professional educator license; (ii) an | ||
educator license with stipulations; (iii) a substitute | ||
teaching license; or (iv) until June 30, 2028, a short-term | ||
substitute teaching license. References in law regarding | ||
individuals certified or certificated or required to be | ||
certified or certificated under Article 21 of this Code shall | ||
also include individuals licensed or required to be licensed | ||
under this Article. The first year of all licenses ends on June | ||
30 following one full year of the license being issued. | ||
The State Board of Education, in consultation with the | ||
State Educator Preparation and Licensure Board, may adopt such | ||
rules as may be necessary to govern the requirements for | ||
licenses and endorsements under this Section. | ||
(1) Professional Educator License. Persons who (i) | ||
have successfully completed an approved educator | ||
preparation program and are recommended for licensure by | ||
the Illinois institution offering the educator preparation | ||
program, (ii) have successfully completed the required |
testing under Section 21B-30 of this Code, (iii) have | ||
successfully completed coursework on the psychology of, | ||
the identification of, and the methods of instruction for | ||
the exceptional child, including , without limitation , | ||
children with learning disabilities, (iv) have | ||
successfully completed coursework in methods of reading | ||
and reading in the content area, and (v) have met all other | ||
criteria established by rule of the State Board of | ||
Education shall be issued a Professional Educator License. | ||
All Professional Educator Licenses are valid until June 30 | ||
immediately following 5 years of the license being issued. | ||
The Professional Educator License shall be endorsed with | ||
specific areas and grade levels in which the individual is | ||
eligible to practice. For an early childhood education | ||
endorsement, an individual may satisfy the student | ||
teaching requirement of his or her early childhood teacher | ||
preparation program through placement in a setting with | ||
children from birth through grade 2, and the individual | ||
may be paid and receive credit while student teaching. The | ||
student teaching experience must meet the requirements of | ||
and be approved by the individual's early childhood | ||
teacher preparation program. | ||
Individuals can receive subsequent endorsements on the | ||
Professional Educator License. Subsequent endorsements | ||
shall require a minimum of 24 semester hours of coursework | ||
in the endorsement area and passage of the applicable |
content area test, unless otherwise specified by rule. | ||
(2) Educator License with Stipulations. An Educator | ||
License with Stipulations shall be issued an endorsement | ||
that limits the license holder to one particular position | ||
or does not require completion of an approved educator | ||
program or both. | ||
An individual with an Educator License with | ||
Stipulations must not be employed by a school district or | ||
any other entity to replace any presently employed teacher | ||
who otherwise would not be replaced for any reason. | ||
An Educator License with Stipulations may be issued | ||
with the following endorsements: | ||
(A) (Blank). | ||
(B) Alternative provisional educator. An | ||
alternative provisional educator endorsement on an | ||
Educator License with Stipulations may be issued to an | ||
applicant who, at the time of applying for the | ||
endorsement, has done all of the following: | ||
(i) Graduated from a regionally accredited | ||
college or university with a minimum of a | ||
bachelor's degree. | ||
(ii) Successfully completed the first phase of | ||
the Alternative Educator Licensure Program for | ||
Teachers, as described in Section 21B-50 of this | ||
Code. | ||
(iii) Passed a content area test, as required |
under Section 21B-30 of this Code. | ||
The alternative provisional educator endorsement is | ||
valid for 2 years of teaching and may be renewed for a | ||
third year by an individual meeting the requirements set | ||
forth in Section 21B-50 of this Code. | ||
(C) Alternative provisional superintendent. An | ||
alternative provisional superintendent endorsement on | ||
an Educator License with Stipulations entitles the | ||
holder to serve only as a superintendent or assistant | ||
superintendent in a school district's central office. | ||
This endorsement may only be issued to an applicant | ||
who, at the time of applying for the endorsement, has | ||
done all of the following: | ||
(i) Graduated from a regionally accredited | ||
college or university with a minimum of a master's | ||
degree in a management field other than education. | ||
(ii) Been employed for a period of at least 5 | ||
years in a management level position in a field | ||
other than education. | ||
(iii) Successfully completed the first phase | ||
of an alternative route to superintendent | ||
endorsement program, as provided in Section 21B-55 | ||
of this Code. | ||
(iv) Passed a content area test required under | ||
Section 21B-30 of this Code. | ||
The endorsement is valid for 2 fiscal years in |
order to complete one full year of serving as a | ||
superintendent or assistant superintendent. | ||
(D) (Blank). | ||
(E) Career and technical educator. A career and | ||
technical educator endorsement on an Educator License | ||
with Stipulations may be issued to an applicant who | ||
has a minimum of 60 semester hours of coursework from a | ||
regionally accredited institution of higher education | ||
or an accredited trade and technical institution and | ||
has a minimum of 2,000 hours of experience outside of | ||
education in each area to be taught. | ||
The career and technical educator endorsement on | ||
an Educator License with Stipulations is valid until | ||
June 30 immediately following 5 years of the | ||
endorsement being issued and may be renewed. | ||
An individual who holds a valid career and | ||
technical educator endorsement on an Educator License | ||
with Stipulations but does not hold a bachelor's | ||
degree may substitute teach in career and technical | ||
education classrooms. | ||
(F) (Blank). | ||
(G) Transitional bilingual educator. A | ||
transitional bilingual educator endorsement on an | ||
Educator License with Stipulations may be issued for | ||
the purpose of providing instruction in accordance | ||
with Article 14C of this Code to an applicant who |
provides satisfactory evidence that he or she meets | ||
all of the following requirements: | ||
(i) Possesses adequate speaking, reading, and | ||
writing ability in the language other than English | ||
in which transitional bilingual education is | ||
offered. | ||
(ii) Has the ability to successfully | ||
communicate in English. | ||
(iii) Either possessed, within 5 years | ||
previous to his or her applying for a transitional | ||
bilingual educator endorsement, a valid and | ||
comparable teaching certificate or comparable | ||
authorization issued by a foreign country or holds | ||
a degree from an institution of higher learning in | ||
a foreign country that the State Educator | ||
Preparation and Licensure Board determines to be | ||
the equivalent of a bachelor's degree from a | ||
regionally accredited institution of higher | ||
learning in the United States. | ||
A transitional bilingual educator endorsement | ||
shall be valid for prekindergarten through grade 12, | ||
is valid until June 30 immediately following 5 years | ||
of the endorsement being issued, and shall not be | ||
renewed. | ||
Persons holding a transitional bilingual educator | ||
endorsement shall not be employed to replace any |
presently employed teacher who otherwise would not be | ||
replaced for any reason. | ||
(H) Language endorsement. In an effort to | ||
alleviate the shortage of teachers speaking a language | ||
other than English in the public schools, an | ||
individual who holds an Educator License with | ||
Stipulations may also apply for a language | ||
endorsement, provided that the applicant provides | ||
satisfactory evidence that he or she meets all of the | ||
following requirements: | ||
(i) Holds a transitional bilingual | ||
endorsement. | ||
(ii) Has demonstrated proficiency in the | ||
language for which the endorsement is to be issued | ||
by passing the applicable language content test | ||
required by the State Board of Education. | ||
(iii) Holds a bachelor's degree or higher from | ||
a regionally accredited institution of higher | ||
education or, for individuals educated in a | ||
country other than the United States, holds a | ||
degree from an institution of higher learning in a | ||
foreign country that the State Educator | ||
Preparation and Licensure Board determines to be | ||
the equivalent of a bachelor's degree from a | ||
regionally accredited institution of higher | ||
learning in the United States. |
(iv) (Blank). | ||
A language endorsement on an Educator License with | ||
Stipulations is valid for prekindergarten through | ||
grade 12 for the same validity period as the | ||
individual's transitional bilingual educator | ||
endorsement on the Educator License with Stipulations | ||
and shall not be renewed. | ||
(I) Visiting international educator. A visiting | ||
international educator endorsement on an Educator | ||
License with Stipulations may be issued to an | ||
individual who is being recruited by a particular | ||
school district that conducts formal recruitment | ||
programs outside of the United States to secure the | ||
services of qualified teachers and who meets all of | ||
the following requirements: | ||
(i) Holds the equivalent of a minimum of a | ||
bachelor's degree issued in the United States. | ||
(ii) Has been prepared as a teacher at the | ||
grade level for which he or she will be employed. | ||
(iii) Has adequate content knowledge in the | ||
subject to be taught. | ||
(iv) Has an adequate command of the English | ||
language. | ||
A holder of a visiting international educator | ||
endorsement on an Educator License with Stipulations | ||
shall be permitted to teach in bilingual education |
programs in the language that was the medium of | ||
instruction in his or her teacher preparation program, | ||
provided that he or she passes the English Language | ||
Proficiency Examination or another test of writing | ||
skills in English identified by the State Board of | ||
Education, in consultation with the State Educator | ||
Preparation and Licensure Board. | ||
A visiting international educator endorsement on | ||
an Educator License with Stipulations is valid for 5 | ||
years and shall not be renewed. | ||
(J) Paraprofessional educator. A paraprofessional | ||
educator endorsement on an Educator License with | ||
Stipulations may be issued to an applicant who holds a | ||
high school diploma or its recognized equivalent and | ||
(i) holds an associate's degree or a minimum of 60 | ||
semester hours of credit from a regionally accredited | ||
institution of higher education; (ii) has passed a | ||
paraprofessional competency test under subsection | ||
(c-5) of Section 21B-30; or (iii) is at least 18 years | ||
of age and will be using the Educator License with | ||
Stipulations exclusively for grades prekindergarten | ||
through grade 8, until the individual reaches the age | ||
of 19 years and otherwise meets the criteria for a | ||
paraprofessional educator endorsement pursuant to this | ||
subparagraph (J). The paraprofessional educator | ||
endorsement is valid until June 30 immediately |
following 5 years of the endorsement being issued and | ||
may be renewed through application and payment of the | ||
appropriate fee, as required under Section 21B-40 of | ||
this Code. An individual who holds only a | ||
paraprofessional educator endorsement is not subject | ||
to additional requirements in order to renew the | ||
endorsement. | ||
(K) Chief school business official. A chief school | ||
business official endorsement on an Educator License | ||
with Stipulations may be issued to an applicant who | ||
qualifies by having a master's degree or higher, 2 | ||
years of full-time administrative experience in school | ||
business management or 2 years of university-approved | ||
practical experience, and a minimum of 24 semester | ||
hours of graduate credit in a program approved by the | ||
State Board of Education for the preparation of school | ||
business administrators and by passage of the | ||
applicable State tests, including an applicable | ||
content area test. | ||
The chief school business official endorsement may | ||
also be affixed to the Educator License with | ||
Stipulations of any holder who qualifies by having a | ||
master's degree in business administration, finance, | ||
accounting, or public administration and who completes | ||
an additional 6 semester hours of internship in school | ||
business management from a regionally accredited |
institution of higher education and passes the | ||
applicable State tests, including an applicable | ||
content area test. This endorsement shall be required | ||
for any individual employed as a chief school business | ||
official. | ||
The chief school business official endorsement on | ||
an Educator License with Stipulations is valid until | ||
June 30 immediately following 5 years of the | ||
endorsement being issued and may be renewed if the | ||
license holder completes renewal requirements as | ||
required for individuals who hold a Professional | ||
Educator License endorsed for chief school business | ||
official under Section 21B-45 of this Code and such | ||
rules as may be adopted by the State Board of | ||
Education. | ||
The State Board of Education shall adopt any rules | ||
necessary to implement Public Act 100-288. | ||
(L) Provisional in-state educator. A provisional | ||
in-state educator endorsement on an Educator License | ||
with Stipulations may be issued to a candidate who has | ||
completed an Illinois-approved educator preparation | ||
program at an Illinois institution of higher education | ||
and who has not successfully completed an | ||
evidence-based assessment of teacher effectiveness but | ||
who meets all of the following requirements: | ||
(i) Holds at least a bachelor's degree. |
(ii) Has completed an approved educator | ||
preparation program at an Illinois institution. | ||
(iii) Has passed an applicable content area | ||
test, as required by Section 21B-30 of this Code. | ||
(iv) Has attempted an evidence-based | ||
assessment of teacher effectiveness and received a | ||
minimum score on that assessment, as established | ||
by the State Board of Education in consultation | ||
with the State Educator Preparation and Licensure | ||
Board. | ||
A provisional in-state educator endorsement on an | ||
Educator License with Stipulations is valid for one | ||
full fiscal year after the date of issuance and may not | ||
be renewed. | ||
(M) (Blank). | ||
(N) Specialized services. A specialized services | ||
endorsement on an Educator License with Stipulations | ||
may be issued as defined and specified by rule. | ||
(O) Provisional career and technical educator. A | ||
provisional career and technical educator endorsement | ||
on an Educator License with Stipulations may be issued | ||
to an applicant who has a minimum of 8,000 hours of | ||
work experience in the skill for which the applicant | ||
is seeking the endorsement. Each employing school | ||
board and regional office of education shall provide | ||
verification, in writing, to the State Superintendent |
of Education at the time the application is submitted | ||
that no qualified teacher holding a Professional | ||
Educator License or an Educator License with | ||
Stipulations with a career and technical educator | ||
endorsement is available to teach and that actual | ||
circumstances require such issuance. | ||
A provisional career and technical educator | ||
endorsement on an Educator License with Stipulations | ||
is valid until June 30 immediately following 5 years | ||
of the endorsement being issued and may be renewed. | ||
An individual who holds a provisional career and | ||
technical educator endorsement on an Educator License | ||
with Stipulations may teach as a substitute teacher in | ||
career and technical education classrooms. | ||
(3) Substitute Teaching License. A Substitute Teaching | ||
License may be issued to qualified applicants for | ||
substitute teaching in all grades of the public schools, | ||
prekindergarten through grade 12. Substitute Teaching | ||
Licenses are not eligible for endorsements. Applicants for | ||
a Substitute Teaching License must hold a bachelor's | ||
degree or higher from a regionally accredited institution | ||
of higher education or must be enrolled in an approved | ||
educator preparation program in this State and have earned | ||
at least 90 credit hours. | ||
Substitute Teaching Licenses are valid for 5 years. | ||
Substitute Teaching Licenses are valid for substitute |
teaching in every county of this State. If an individual | ||
has had his or her Professional Educator License or | ||
Educator License with Stipulations suspended or revoked, | ||
then that individual is not eligible to obtain a | ||
Substitute Teaching License. | ||
A substitute teacher may only teach in the place of a | ||
licensed teacher who is under contract with the employing | ||
board. If, however, there is no licensed teacher under | ||
contract because of an emergency situation, then a | ||
district may employ a substitute teacher for no longer | ||
than 30 calendar days per each vacant position in the | ||
district if the district notifies the appropriate regional | ||
office of education within 5 business days after the | ||
employment of the substitute teacher in that vacant | ||
position. A district may continue to employ that same | ||
substitute teacher in that same vacant position for 90 | ||
calendar days or until the end of the semester, whichever | ||
is greater, if, prior to the expiration of the | ||
30-calendar-day period then current, the district files a | ||
written request with the appropriate regional office of | ||
education for a 30-calendar-day extension on the basis | ||
that the position remains vacant and the district | ||
continues to actively seek qualified candidates and | ||
provides documentation that it has provided training | ||
specific to the position, including training on meeting | ||
the needs of students with disabilities and English |
learners if applicable. Each extension request shall be | ||
granted in writing by the regional office of education. An | ||
emergency situation is one in which an unforeseen vacancy | ||
has occurred and (i) a teacher is unexpectedly unable to | ||
fulfill his or her contractual duties or (ii) teacher | ||
capacity needs of the district exceed previous indications | ||
or vacancies are unfilled due to a lack of qualified | ||
candidates, and the district is actively engaged in | ||
advertising to hire a fully licensed teacher for the | ||
vacant position. | ||
There is no limit on the number of days that a | ||
substitute teacher may teach in a single school district, | ||
provided that no substitute teacher may teach for longer | ||
than 120 days beginning with the 2021-2022 school year | ||
through the 2022-2023 school year, otherwise 90 school | ||
days for any one licensed teacher under contract in the | ||
same school year. A substitute teacher who holds a | ||
Professional Educator License or Educator License with | ||
Stipulations shall not teach for more than 120 school days | ||
for any one licensed teacher under contract in the same | ||
school year. The limitations in this paragraph (3) on the | ||
number of days a substitute teacher may be employed do not | ||
apply to any school district operating under Article 34 of | ||
this Code. | ||
A school district may not require an individual who | ||
holds a valid Professional Educator License or Educator |
License with Stipulations to seek or hold a Substitute | ||
Teaching License to teach as a substitute teacher. | ||
(4) Short-Term Substitute Teaching License. Beginning | ||
on July 1, 2018 and until June 30, 2028, applicants may | ||
apply to the State Board of Education for issuance of a | ||
Short-Term Substitute Teaching License. A Short-Term | ||
Substitute Teaching License may be issued to a qualified | ||
applicant for substitute teaching in all grades of the | ||
public schools, prekindergarten through grade 12. | ||
Short-Term Substitute Teaching Licenses are not eligible | ||
for endorsements. Applicants for a Short-Term Substitute | ||
Teaching License must hold an associate's degree or have | ||
completed at least 60 credit hours from a regionally | ||
accredited institution of higher education. | ||
Short-Term Substitute Teaching Licenses are valid for | ||
substitute teaching in every county of this State. If an | ||
individual has had his or her Professional Educator | ||
License or Educator License with Stipulations suspended or | ||
revoked, then that individual is not eligible to obtain a | ||
Short-Term Substitute Teaching License. | ||
The provisions of Sections 10-21.9 and 34-18.5 of this | ||
Code apply to short-term substitute teachers. | ||
An individual holding a Short-Term Substitute Teaching | ||
License may teach no more than 15 consecutive days per | ||
licensed teacher who is under contract. For teacher | ||
absences lasting 6 or more days per licensed teacher who |
is under contract, a school district may not hire an | ||
individual holding a Short-Term Substitute Teaching | ||
License, unless the Governor has declared a disaster due | ||
to a public health emergency pursuant to Section 7 of the | ||
Illinois Emergency Management Agency Act. An individual | ||
holding a Short-Term Substitute Teaching License must | ||
complete the training program under Section 10-20.67 or | ||
34-18.60 of this Code to be eligible to teach at a public | ||
school. Short-Term Substitute Teaching Licenses Short-term | ||
substitute teaching licenses under this Section are valid | ||
for 5 years. | ||
(Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22; | ||
102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff. | ||
5-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23; | ||
103-193, eff. 1-1-24; revised 9-7-23.) | ||
(105 ILCS 5/22-96) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 22-96 22-95 . Hiring or assigning priority. | ||
(a) When hiring or assigning physical education, music, | ||
and visual arts educators, a school district must prioritize | ||
the hiring or assigning of educators who hold an educator | ||
license and endorsement in the those content area to be taught | ||
areas . | ||
(b) A licensed professional educator assigned to physical |
education, music, or visual arts who does not hold an | ||
endorsement in the content area to be taught licensure | ||
applicant must acquire short-term approval under Part 25 of | ||
Title 23 of the Illinois Administrative Code by the State | ||
Board of Education pass the licensure content area test for | ||
the content area he or she is assigned to teach or complete at | ||
least 9 semester hours of coursework in the content area to be | ||
taught prior to his or her assignment or employment start | ||
date. If no short-term approval is available in the content | ||
area to be taught, the licensed educator shall meet equivalent | ||
criteria specified by the State Board of Education. In order | ||
to retain his or her employment for subsequent school years, | ||
the educator employee must acquire the full endorsement in the | ||
content area to be taught prior to the end of the validity | ||
period of the short-term approval complete the remaining hours | ||
of coursework in the content area in which he or she is | ||
teaching and apply for a license endorsement within 3 calendar | ||
years after his or her employment start date . | ||
(c) In the case of a reduction in force, a school district | ||
may follow its employee contract language for filling | ||
positions. | ||
(d) Instead of holding the credentials specified in | ||
subsection (a) or (b) of this Section, an educator assigned to | ||
a position under this Section may meet any requirements set | ||
forth under Title 23 of the Illinois Administrative Code as | ||
applicable to the content area to be taught, except that |
subsection (b) of Section 1.710 of Title 23 of the Illinois | ||
Administrative Code does not apply to an educator assigned to | ||
a position under this subsection (d). | ||
(Source: P.A. 103-46, eff. 1-1-24; revised 9-25-23.) | ||
(105 ILCS 5/27-20.3) (from Ch. 122, par. 27-20.3) | ||
Sec. 27-20.3. Holocaust and Genocide Study. | ||
(a) Every public elementary school and high school shall | ||
include in its curriculum a unit of instruction studying the | ||
events of the Nazi atrocities of 1933 to 1945. This period in | ||
world history is known as the Holocaust, during which | ||
6,000,000 Jews and millions of non-Jews were exterminated. One | ||
of the universal lessons of the Holocaust is that national, | ||
ethnic, racial, or religious hatred can overtake any nation or | ||
society, leading to calamitous consequences. To reinforce that | ||
lesson, such curriculum shall include an additional unit of | ||
instruction studying other acts of genocide across the globe. | ||
This unit shall include, but not be limited to, the Native | ||
American genocide in North America, the Armenian Genocide, the | ||
Famine-Genocide in Ukraine, and more recent atrocities in | ||
Cambodia, Bosnia, Rwanda, and Sudan. The studying of this | ||
material is a reaffirmation of the commitment of free peoples | ||
from all nations to never again permit the occurrence of | ||
another Holocaust and a recognition that crimes of genocide | ||
continue to be perpetrated across the globe as they have been | ||
in the past and to deter indifference to crimes against |
humanity and human suffering wherever they may occur. | ||
(b) The State Superintendent of Education may prepare and | ||
make available to all school boards instructional materials | ||
which may be used as guidelines for development of a unit of | ||
instruction under this Section; provided, however, that each | ||
school board shall itself determine the minimum amount of | ||
instruction time which shall qualify as a unit of instruction | ||
satisfying the requirements of this Section. | ||
Instructional materials that include the addition of | ||
content related to the Native American genocide in North | ||
America shall be prepared and made available to all school | ||
boards on the State Board of Education's Internet website no | ||
later than July 1, 2024 January 1, 2025 . Notwithstanding | ||
subsection (a) of this Section, a school is not required to | ||
teach the additional content related to the Native American | ||
genocide in North America until instructional materials are | ||
made available on the State Board's Internet website. | ||
Instructional materials related to the Native American | ||
genocide in North America shall be developed in consultation | ||
with members of the Chicago American Indian Community | ||
Collaborative who are members of a federally recognized tribe, | ||
are documented descendants of Indigenous communities, or are | ||
other persons recognized as contributing community members by | ||
the Chicago American Indian Community Collaborative and who | ||
currently reside in this State or their designees. | ||
(Source: P.A. 103-422, eff. 8-4-23.) |
(105 ILCS 5/27-21) (from Ch. 122, par. 27-21) | ||
Sec. 27-21. History of United States. | ||
(a) History of the United States shall be taught in all | ||
public schools and in all other educational institutions in | ||
this State supported or maintained, in whole or in part, by | ||
public funds. | ||
The teaching of history shall have as one of its | ||
objectives the imparting to pupils of a comprehensive idea of | ||
our democratic form of government and the principles for which | ||
our government stands as regards other nations, including the | ||
studying of the place of our government in world-wide | ||
movements and the leaders thereof, with particular stress upon | ||
the basic principles and ideals of our representative form of | ||
government. | ||
The teaching of history shall include a study of the role | ||
and contributions of African Americans and other ethnic | ||
groups, including, but not restricted to, Native Americans, | ||
Polish, Lithuanian, German, Hungarian, Irish, Bohemian, | ||
Russian, Albanian, Italian, Czech, Slovak, French, Scots, | ||
Hispanics, Asian Americans, etc., in the history of this | ||
country and this State. To reinforce the study of the role and | ||
contributions of Hispanics, such curriculum shall include the | ||
study of the events related to the forceful removal and | ||
illegal deportation of Mexican-American U.S. citizens during | ||
the Great Depression. |
The teaching of history shall also include teaching about | ||
Native American nations' sovereignty and self-determination, | ||
both historically and in the present day, with a focus on urban | ||
Native Americans. | ||
In public schools only, the teaching of history shall | ||
include a study of the roles and contributions of lesbian, | ||
gay, bisexual, and transgender people in the history of this | ||
country and this State. | ||
The teaching of history also shall include a study of the | ||
role of labor unions and their interaction with government in | ||
achieving the goals of a mixed free enterprise system. | ||
Beginning with the 2020-2021 school year, the teaching of | ||
history must also include instruction on the history of | ||
Illinois. | ||
The teaching of history shall include the contributions | ||
made to society by Americans of different faith practices, | ||
including, but not limited to, Native Americans, Muslim | ||
Americans, Jewish Americans, Christian Americans, Hindu | ||
Americans, Sikh Americans, Buddhist Americans, and any other | ||
collective community of faith that has shaped America. | ||
(b) No pupils shall be graduated from the eighth grade of | ||
any public school unless the pupils have received instruction | ||
in the history of the United States as provided in this Section | ||
and give evidence of having a comprehensive knowledge thereof, | ||
which may be administered remotely. | ||
(c) The State Superintendent of Education may prepare and |
make available to all school boards instructional materials | ||
that may be used as guidelines for the development of | ||
instruction under this Section; however, each school board | ||
shall itself determine the minimum amount of instructional | ||
time required for satisfying the requirements of this Section. | ||
Instructional materials that include the addition of content | ||
related to Native Americans shall be prepared by the State | ||
Superintendent of Education and made available to all school | ||
boards on the State Board of Education's Internet website no | ||
later than July 1, 2024 January 1, 2025 . These instructional | ||
materials may be used by school boards as guidelines for the | ||
development of instruction under this Section; however, each | ||
school board shall itself determine the minimum amount of | ||
instructional time for satisfying the requirements of this | ||
Section. Notwithstanding subsections (a) and (b) of this | ||
Section, a school or other educational institution is not | ||
required to teach and a pupil is not required to learn the | ||
additional content related to Native Americans until | ||
instructional materials are made available on the State | ||
Board's Internet website. | ||
Instructional materials related to Native Americans shall | ||
be developed in consultation with members of the Chicago | ||
American Indian Community Collaborative who are members of a | ||
federally recognized tribe, are documented descendants of | ||
Indigenous communities, or are other persons recognized as | ||
contributing community members by the Chicago American Indian |
Community Collaborative and who currently reside in this | ||
State. | ||
(Source: P.A. 102-411, eff. 1-1-22; 103-422, eff. 8-4-23.) | ||
Section 45. The Child Care Act of 1969 is amended by | ||
changing Sections 2.06 and 2.17 and by adding Section 2.35 as | ||
follows: | ||
(225 ILCS 10/2.06) (from Ch. 23, par. 2212.06) | ||
Sec. 2.06. "Child care institution" means a child care | ||
facility where more than 7 children are received and | ||
maintained for the purpose of providing them with care or | ||
training or both. The term "child care institution" includes | ||
residential schools, primarily serving ambulatory children | ||
with disabilities, and those operating a full calendar year, | ||
but does not include: | ||
(a) any State-operated institution for child care | ||
established by legislative action; | ||
(b) any juvenile detention or shelter care home | ||
established and operated by any county or child protection | ||
district established under the "Child Protection Act"; | ||
(c) any institution, home, place or facility operating | ||
under a license pursuant to the Nursing Home Care Act, the | ||
Specialized Mental Health Rehabilitation Act of 2013, the | ||
ID/DD Community Care Act, or the MC/DD Act; | ||
(d) any bona fide boarding school in which children |
are primarily taught branches of education corresponding | ||
to those taught in public schools, grades one through 12, | ||
or taught in public elementary schools, high schools, or | ||
both elementary and high schools, and which operates on a | ||
regular academic school year basis; or | ||
(e) any facility licensed as a "group home" as defined | ||
in this Act ; or . | ||
(f) any qualified residential treatment program. | ||
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; | ||
99-180, eff. 7-29-15; 99-642, eff. 7-28-16.) | ||
(225 ILCS 10/2.17) (from Ch. 23, par. 2212.17) | ||
Sec. 2.17. "Foster family home" means the home of an | ||
individual or family: | ||
(1) that is licensed or approved by the state in which it | ||
is situated as a foster family home that meets the standards | ||
established for the licensing or approval; and | ||
(2) in which a child in foster care has been placed in the | ||
care of an individual who resides with the child and who has | ||
been licensed or approved by the state to be a foster parent | ||
and: | ||
(A) who the Department of Children and Family Services | ||
deems capable of adhering to the reasonable and prudent | ||
parent standard; | ||
(B) who provides 24-hour substitute care for children | ||
placed away from their parents or other caretakers; and |
(3) who provides the care for a facility for child care in | ||
residences of families who receive no more than 6 children | ||
unrelated to them, unless all the children are of common | ||
parentage, or residences of relatives who receive no more than | ||
6 related children placed by the Department, unless the | ||
children are of common parentage, for the purpose of providing | ||
family care and training for the children on a full-time | ||
basis , except the Director of Children and Family Services, | ||
pursuant to Department regulations, may waive the numerical | ||
limitation of foster children who may be cared for in a foster | ||
family home for any of the following reasons to allow: (i) (1) | ||
a parenting youth in foster care to remain with the child of | ||
the parenting youth; (ii) (2) siblings to remain together; | ||
(iii) (3) a child with an established meaningful relationship | ||
with the family to remain with the family; or (iv) (4) a family | ||
with special training or skills to provide care to a child who | ||
has a severe disability. The family's or relative's own | ||
children, under 18 years of age, shall be included in | ||
determining the maximum number of children served. | ||
For purposes of this Section, a "relative" includes any | ||
person, 21 years of age or over, other than the parent, who (i) | ||
is currently related to the child in any of the following ways | ||
by blood or adoption: grandparent, sibling, great-grandparent, | ||
uncle, aunt, nephew, niece, first cousin, great-uncle, or | ||
great-aunt; or (ii) is the spouse of such a relative; or (iii) | ||
is a child's step-father, step-mother, or adult step-brother |
or step-sister; or (iv) is a fictive kin; "relative" also | ||
includes a person related in any of the foregoing ways to a | ||
sibling of a child, even though the person is not related to | ||
the child, when the child and its sibling are placed together | ||
with that person. For purposes of placement of children | ||
pursuant to Section 7 of the Children and Family Services Act | ||
and for purposes of licensing requirements set forth in | ||
Section 4 of this Act, for children under the custody or | ||
guardianship of the Department pursuant to the Juvenile Court | ||
Act of 1987, after a parent signs a consent, surrender, or | ||
waiver or after a parent's rights are otherwise terminated, | ||
and while the child remains in the custody or guardianship of | ||
the Department, the child is considered to be related to those | ||
to whom the child was related under this Section prior to the | ||
signing of the consent, surrender, or waiver or the order of | ||
termination of parental rights. | ||
The term "foster family home" includes homes receiving | ||
children from any State-operated institution for child care; | ||
or from any agency established by a municipality or other | ||
political subdivision of the State of Illinois authorized to | ||
provide care for children outside their own homes. The term | ||
"foster family home" does not include an "adoption-only home" | ||
as defined in Section 2.23 of this Act. The types of foster | ||
family homes are defined as follows: | ||
(a) "Boarding home" means a foster family home which | ||
receives payment for regular full-time care of a child or |
children. | ||
(b) "Free home" means a foster family home other than | ||
an adoptive home which does not receive payments for the | ||
care of a child or children. | ||
(c) "Adoptive home" means a foster family home which | ||
receives a child or children for the purpose of adopting | ||
the child or children, but does not include an | ||
adoption-only home. | ||
(d) "Work-wage home" means a foster family home which | ||
receives a child or children who pay part or all of their | ||
board by rendering some services to the family not | ||
prohibited by the Child Labor Law or by standards or | ||
regulations of the Department prescribed under this Act. | ||
The child or children may receive a wage in connection | ||
with the services rendered the foster family. | ||
(e) "Agency-supervised home" means a foster family | ||
home under the direct and regular supervision of a | ||
licensed child welfare agency, of the Department of | ||
Children and Family Services, of a circuit court, or of | ||
any other State agency which has authority to place | ||
children in child care facilities, and which receives no | ||
more than 8 children, unless of common parentage, who are | ||
placed and are regularly supervised by one of the | ||
specified agencies. | ||
(f) "Independent home" means a foster family home, | ||
other than an adoptive home, which receives no more than 4 |
children, unless of common parentage, directly from | ||
parents, or other legally responsible persons, by | ||
independent arrangement and which is not subject to direct | ||
and regular supervision of a specified agency except as | ||
such supervision pertains to licensing by the Department. | ||
(g) "Host home" means an emergency foster family home | ||
under the direction and regular supervision of a licensed | ||
child welfare agency, contracted to provide short-term | ||
crisis intervention services to youth served under the | ||
Comprehensive Community-Based Youth Services program, | ||
under the direction of the Department of Human Services. | ||
The youth shall not be under the custody or guardianship | ||
of the Department pursuant to the Juvenile Court Act of | ||
1987. | ||
(Source: P.A. 101-63, eff. 7-12-19; 102-688, eff. 7-1-22 .) | ||
(225 ILCS 10/2.35 new) | ||
Sec. 2.35. Qualified residential treatment program. | ||
"Qualified residential treatment program" means a program | ||
that: | ||
(1) has a trauma-informed treatment model that is | ||
designed to address the needs, including clinical needs as | ||
appropriate, of children with serious emotional or | ||
behavioral disorders or disturbances and, with respect to | ||
a child, is able to implement the treatment identified for | ||
the child by the assessment of the child required under 42 |
U.S.C. 675a(c); | ||
(2) whether by acquisition of direct employment or | ||
otherwise, has registered or licensed nursing staff and | ||
other licensed clinical staff who: | ||
(A) provide care within the scope of their | ||
practice as defined by law; | ||
(B) are located on-site; and | ||
(C) are available 24 hours a day, 7 days a week; | ||
(3) to the extent appropriate, and in accordance with | ||
the child's best interests, facilitates participation of | ||
family members in the child's treatment program; | ||
(4) facilitates outreach to the family members of the | ||
child, including siblings, documents how the outreach is | ||
made, including contact information, and maintains contact | ||
information for any known biological family and fictive | ||
kin of the child; | ||
(5) documents how family members are integrated into | ||
the treatment process for the child, including | ||
post-discharge, and how sibling connections are | ||
maintained; | ||
(6) provides discharge planning and family-based | ||
aftercare support for at least 6 months post-discharge; | ||
and | ||
(7) is licensed in accordance with this Act and is | ||
accredited by any of the following independent, | ||
not-for-profit organizations: |
(A) the Commission on Accreditation of | ||
Rehabilitation Facilities; | ||
(B) the Joint Commission; | ||
(C) the Council on Accreditation; or | ||
(D) any other independent, not-for-profit | ||
accrediting organization approved by the Secretary of | ||
Health and Human Services as described in 42 U.S.C. | ||
672 (k)(4). | ||
Section 50. The Laser System Act of 1997 is amended by | ||
changing Section 16 as follows: | ||
(420 ILCS 56/16) | ||
Sec. 16. Laser safety officers. | ||
(a) Each laser installation whose function is for the use | ||
of a temporary laser display shall use a laser safety officer. | ||
(b) The Agency shall adopt rules specifying minimum | ||
training and experience requirements for laser safety | ||
officers. The requirements shall be specific to the evaluation | ||
and control of laser hazards for different types of laser | ||
systems and the purpose for which a laser system is used. | ||
(c) If a laser safety officer encounters noncompliance | ||
with this Act or rules adopted under this Act in the course of | ||
performing duties as a laser safety officer, then the laser | ||
safety officer shall report that noncompliance to the Agency | ||
as soon as practical to protect public health and safety. |
(d) No person may act as a laser safety officer or | ||
advertise or use any title implying qualification as a laser | ||
safety officer unless the person meets the training and | ||
experience requirements of this Act and the training and | ||
experience requirements established by the Agency under | ||
subsection (b). | ||
(Source: P.A. 103-277, eff. 7-28-23.) | ||
Section 55. The Juvenile Court Act of 1987 is amended by | ||
changing Section 1-3 as follows: | ||
(705 ILCS 405/1-3) (from Ch. 37, par. 801-3) | ||
Sec. 1-3. Definitions. Terms used in this Act, unless the | ||
context otherwise requires, have the following meanings | ||
ascribed to them: | ||
(1) "Adjudicatory hearing" means a hearing to determine | ||
whether the allegations of a petition under Section 2-13, | ||
3-15 , or 4-12 that a minor under 18 years of age is abused, | ||
neglected , or dependent, or requires authoritative | ||
intervention, or addicted, respectively, are supported by a | ||
preponderance of the evidence or whether the allegations of a | ||
petition under Section 5-520 that a minor is delinquent are | ||
proved beyond a reasonable doubt. | ||
(2) "Adult" means a person 21 years of age or older. | ||
(3) "Agency" means a public or private child care facility | ||
legally authorized or licensed by this State for placement or |
institutional care or for both placement and institutional | ||
care. | ||
(4) "Association" means any organization, public or | ||
private, engaged in welfare functions which include services | ||
to or on behalf of children but does not include "agency" as | ||
herein defined. | ||
(4.05) Whenever a "best interest" determination is | ||
required, the following factors shall be considered in the | ||
context of the child's age and developmental needs: | ||
(a) the physical safety and welfare of the child, | ||
including food, shelter, health, and clothing; | ||
(b) the development of the child's identity; | ||
(c) the child's background and ties, including | ||
familial, cultural, and religious; | ||
(d) the child's sense of attachments, including: | ||
(i) where the child actually feels love, | ||
attachment, and a sense of being valued (as opposed to | ||
where adults believe the child should feel such love, | ||
attachment, and a sense of being valued); | ||
(ii) the child's sense of security; | ||
(iii) the child's sense of familiarity; | ||
(iv) continuity of affection for the child; | ||
(v) the least disruptive placement alternative for | ||
the child; | ||
(e) the child's wishes and long-term goals; | ||
(f) the child's community ties, including church, |
school, and friends; | ||
(g) the child's need for permanence which includes the | ||
child's need for stability and continuity of relationships | ||
with parent figures and with siblings and other relatives; | ||
(h) the uniqueness of every family and child; | ||
(i) the risks attendant to entering and being in | ||
substitute care; and | ||
(j) the preferences of the persons available to care | ||
for the child. | ||
(4.1) "Chronic truant" shall have the definition ascribed | ||
to it in Section 26-2a of the School Code. | ||
(5) "Court" means the circuit court in a session or | ||
division assigned to hear proceedings under this Act. | ||
(6) "Dispositional hearing" means a hearing to determine | ||
whether a minor should be adjudged to be a ward of the court, | ||
and to determine what order of disposition should be made in | ||
respect to a minor adjudged to be a ward of the court. | ||
(6.5) "Dissemination" or "disseminate" means to publish, | ||
produce, print, manufacture, distribute, sell, lease, exhibit, | ||
broadcast, display, transmit, or otherwise share information | ||
in any format so as to make the information accessible to | ||
others. | ||
(7) "Emancipated minor" means any minor 16 years of age or | ||
over who has been completely or partially emancipated under | ||
the Emancipation of Minors Act or under this Act. | ||
(7.03) "Expunge" means to physically destroy the records |
and to obliterate the minor's name from any official index, | ||
public record, or electronic database. | ||
(7.05) "Foster parent" includes a relative caregiver | ||
selected by the Department of Children and Family Services to | ||
provide care for the minor. | ||
(8) "Guardianship of the person" of a minor means the duty | ||
and authority to act in the best interests of the minor, | ||
subject to residual parental rights and responsibilities, to | ||
make important decisions in matters having a permanent effect | ||
on the life and development of the minor and to be concerned | ||
with the minor's general welfare. It includes but is not | ||
necessarily limited to: | ||
(a) the authority to consent to marriage, to | ||
enlistment in the armed forces of the United States, or to | ||
a major medical, psychiatric, and surgical treatment; to | ||
represent the minor in legal actions; and to make other | ||
decisions of substantial legal significance concerning the | ||
minor; | ||
(b) the authority and duty of reasonable visitation, | ||
except to the extent that these have been limited in the | ||
best interests of the minor by court order; | ||
(c) the rights and responsibilities of legal custody | ||
except where legal custody has been vested in another | ||
person or agency; and | ||
(d) the power to consent to the adoption of the minor, | ||
but only if expressly conferred on the guardian in |
accordance with Section 2-29, 3-30, or 4-27. | ||
(8.1) "Juvenile court record" includes, but is not limited | ||
to: | ||
(a) all documents filed in or maintained by the | ||
juvenile court pertaining to a specific incident, | ||
proceeding, or individual; | ||
(b) all documents relating to a specific incident, | ||
proceeding, or individual made available to or maintained | ||
by probation officers; | ||
(c) all documents, video or audio tapes, photographs, | ||
and exhibits admitted into evidence at juvenile court | ||
hearings; or | ||
(d) all documents, transcripts, records, reports, or | ||
other evidence prepared by, maintained by, or released by | ||
any municipal, county, or State agency or department, in | ||
any format, if indicating involvement with the juvenile | ||
court relating to a specific incident, proceeding, or | ||
individual. | ||
(8.2) "Juvenile law enforcement record" includes records | ||
of arrest, station adjustments, fingerprints, probation | ||
adjustments, the issuance of a notice to appear, or any other | ||
records or documents maintained by any law enforcement agency | ||
relating to a minor suspected of committing an offense, and | ||
records maintained by a law enforcement agency that identifies | ||
a juvenile as a suspect in committing an offense, but does not | ||
include records identifying a juvenile as a victim, witness, |
or missing juvenile and any records created, maintained, or | ||
used for purposes of referral to programs relating to | ||
diversion as defined in subsection (6) of Section 5-105. | ||
(9) "Legal custody" means the relationship created by an | ||
order of court in the best interests of the minor which imposes | ||
on the custodian the responsibility of physical possession of | ||
a minor and the duty to protect, train and discipline the minor | ||
and to provide the minor with food, shelter, education , and | ||
ordinary medical care, except as these are limited by residual | ||
parental rights and responsibilities and the rights and | ||
responsibilities of the guardian of the person, if any. | ||
(9.1) "Mentally capable adult relative" means a person 21 | ||
years of age or older who is not suffering from a mental | ||
illness that prevents the person from providing the care | ||
necessary to safeguard the physical safety and welfare of a | ||
minor who is left in that person's care by the parent or | ||
parents or other person responsible for the minor's welfare. | ||
(10) "Minor" means a person under the age of 21 years | ||
subject to this Act. | ||
(11) "Parent" means a father or mother of a child and | ||
includes any adoptive parent. It also includes a person (i) | ||
whose parentage is presumed or has been established under the | ||
law of this or another jurisdiction or (ii) who has registered | ||
with the Putative Father Registry in accordance with Section | ||
12.1 of the Adoption Act and whose paternity has not been ruled | ||
out under the law of this or another jurisdiction. It does not |
include a parent whose rights in respect to the minor have been | ||
terminated in any manner provided by law. It does not include a | ||
person who has been or could be determined to be a parent under | ||
the Illinois Parentage Act of 1984 or the Illinois Parentage | ||
Act of 2015, or similar parentage law in any other state, if | ||
that person has been convicted of or pled nolo contendere to a | ||
crime that resulted in the conception of the child under | ||
Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14, | ||
12-14.1, subsection (a) or (b) (but not subsection (c)) of | ||
Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or | ||
(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, or similar | ||
statute in another jurisdiction unless upon motion of any | ||
party, other than the offender, to the juvenile court | ||
proceedings the court finds it is in the child's best interest | ||
to deem the offender a parent for purposes of the juvenile | ||
court proceedings. | ||
(11.1) "Permanency goal" means a goal set by the court as | ||
defined in subdivision (2) of Section 2-28. | ||
(11.2) "Permanency hearing" means a hearing to set the | ||
permanency goal and to review and determine (i) the | ||
appropriateness of the services contained in the plan and | ||
whether those services have been provided, (ii) whether | ||
reasonable efforts have been made by all the parties to the | ||
service plan to achieve the goal, and (iii) whether the plan | ||
and goal have been achieved. |
(12) "Petition" means the petition provided for in Section | ||
2-13, 3-15, 4-12 , or 5-520, including any supplemental | ||
petitions thereunder in Section 3-15, 4-12 , or 5-520. | ||
(12.1) "Physically capable adult relative" means a person | ||
21 years of age or older who does not have a severe physical | ||
disability or medical condition, or is not suffering from | ||
alcoholism or drug addiction, that prevents the person from | ||
providing the care necessary to safeguard the physical safety | ||
and welfare of a minor who is left in that person's care by the | ||
parent or parents or other person responsible for the minor's | ||
welfare. | ||
(12.2) "Post Permanency Sibling Contact Agreement" has the | ||
meaning ascribed to the term in Section 7.4 of the Children and | ||
Family Services Act. | ||
(12.3) "Residential treatment center" means a licensed | ||
setting that provides 24-hour care to children in a group home | ||
or institution, including a facility licensed as a child care | ||
institution under Section 2.06 of the Child Care Act of 1969, a | ||
licensed group home under Section 2.16 of the Child Care Act of | ||
1969, a qualified residential treatment program under Section | ||
2.35 of the Child Care Act of 1969, a secure child care | ||
facility as defined in paragraph (18) of this Section, or any | ||
similar facility in another state. "Residential treatment | ||
center" does not include a relative foster home or a licensed | ||
foster family home. | ||
(13) "Residual parental rights and responsibilities" means |
those rights and responsibilities remaining with the parent | ||
after the transfer of legal custody or guardianship of the | ||
person, including, but not necessarily limited to, the right | ||
to reasonable visitation (which may be limited by the court in | ||
the best interests of the minor as provided in subsection | ||
(8)(b) of this Section), the right to consent to adoption, the | ||
right to determine the minor's religious affiliation, and the | ||
responsibility for the minor's support. | ||
(14) "Shelter" means the temporary care of a minor in | ||
physically unrestricting facilities pending court disposition | ||
or execution of court order for placement. | ||
(14.05) "Shelter placement" means a temporary or emergency | ||
placement for a minor, including an emergency foster home | ||
placement. | ||
(14.1) "Sibling Contact Support Plan" has the meaning | ||
ascribed to the term in Section 7.4 of the Children and Family | ||
Services Act. | ||
(14.2) "Significant event report" means a written document | ||
describing an occurrence or event beyond the customary | ||
operations, routines, or relationships in the Department of | ||
Children of Family Services, a child care facility, or other | ||
entity that is licensed or regulated by the Department of | ||
Children of Family Services or that provides services for the | ||
Department of Children of Family Services under a grant, | ||
contract, or purchase of service agreement; involving children | ||
or youth, employees, foster parents, or relative caregivers; |
allegations of abuse or neglect or any other incident raising | ||
a concern about the well-being of a minor under the | ||
jurisdiction of the court under Article II of the Juvenile | ||
Court Act of 1987 ; incidents involving damage to property, | ||
allegations of criminal activity, misconduct, or other | ||
occurrences affecting the operations of the Department of | ||
Children of Family Services or a child care facility; any | ||
incident that could have media impact; and unusual incidents | ||
as defined by Department of Children and Family Services rule. | ||
(15) "Station adjustment" means the informal handling of | ||
an alleged offender by a juvenile police officer. | ||
(16) "Ward of the court" means a minor who is so adjudged | ||
under Section 2-22, 3-23, 4-20 , or 5-705, after a finding of | ||
the requisite jurisdictional facts, and thus is subject to the | ||
dispositional powers of the court under this Act. | ||
(17) "Juvenile police officer" means a sworn police | ||
officer who has completed a Basic Recruit Training Course, has | ||
been assigned to the position of juvenile police officer by | ||
the officer's chief law enforcement officer and has completed | ||
the necessary juvenile officers training as prescribed by the | ||
Illinois Law Enforcement Training Standards Board, or in the | ||
case of a State police officer, juvenile officer training | ||
approved by the Director of the Illinois State Police. | ||
(18) "Secure child care facility" means any child care | ||
facility licensed by the Department of Children and Family | ||
Services to provide secure living arrangements for children |
under 18 years of age who are subject to placement in | ||
facilities under the Children and Family Services Act and who | ||
are not subject to placement in facilities for whom standards | ||
are established by the Department of Corrections under Section | ||
3-15-2 of the Unified Code of Corrections. "Secure child care | ||
facility" also means a facility that is designed and operated | ||
to ensure that all entrances and exits from the facility, a | ||
building, or a distinct part of the building are under the | ||
exclusive control of the staff of the facility, whether or not | ||
the child has the freedom of movement within the perimeter of | ||
the facility, building, or distinct part of the building. | ||
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; | ||
revised 9-20-23.) | ||
Section 60. The Crime Victims Compensation Act is amended | ||
by changing Sections 2 and 10.1 as follows: | ||
(740 ILCS 45/2) | ||
Sec. 2. Definitions. As used in this Act, unless the | ||
context otherwise requires: | ||
(a) "Applicant" means any of the following claiming | ||
compensation under this Act: a victim, a person who was a | ||
dependent of a deceased victim of a crime of violence for the | ||
person's support at the time of the death of that victim, a | ||
person who legally assumes the obligation or who voluntarily | ||
pays the medical or the funeral or burial expenses incurred as |
a direct result of the crime, and any other person who applies | ||
for compensation under this Act or any person the Court of | ||
Claims or the Attorney General finds is entitled to | ||
compensation, including the guardian of a minor or of a person | ||
under legal disability. It includes any person who was a | ||
dependent of a deceased victim of a crime of violence for his | ||
or her support at the time of the death of that victim. | ||
The changes made to this subsection by Public Act 101-652 | ||
apply to actions commenced or pending on or after January 1, | ||
2022. | ||
(b) "Court of Claims" means the Court of Claims created by | ||
the Court of Claims Act. | ||
(c) "Crime of violence" means and includes any offense | ||
defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, | ||
10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||
11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, | ||
12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, | ||
12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, | ||
12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1, | ||
or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or | ||
subdivision (a)(4) of Section 11-14.4, of the Criminal Code of | ||
1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of | ||
the Cemetery Protection Act, Section 125 of the Stalking No | ||
Contact Order Act, Section 219 of the Civil No Contact Order | ||
Act, driving under the influence as defined in Section 11-501 | ||
of the Illinois Vehicle Code, a violation of Section 11-401 of |
the Illinois Vehicle Code, provided the victim was a | ||
pedestrian or was operating a vehicle moved solely by human | ||
power or a mobility device at the time of contact, and a | ||
violation of Section 11-204.1 of the Illinois Vehicle Code; so | ||
long as the offense did not occur during a civil riot, | ||
insurrection or rebellion. "Crime of violence" does not | ||
include any other offense or crash involving a motor vehicle | ||
except those vehicle offenses specifically provided for in | ||
this paragraph. "Crime of violence" does include all of the | ||
offenses specifically provided for in this paragraph that | ||
occur within this State but are subject to federal | ||
jurisdiction and crimes involving terrorism as defined in 18 | ||
U.S.C. 2331. | ||
(d) "Victim" means (1) a person killed or injured in this | ||
State as a result of a crime of violence perpetrated or | ||
attempted against him or her, (2) the spouse, parent, or child | ||
of a person killed or injured in this State as a result of a | ||
crime of violence perpetrated or attempted against the person, | ||
or anyone living in the household of a person killed or injured | ||
in a relationship that is substantially similar to that of a | ||
parent, spouse, or child, (3) a person killed or injured in | ||
this State while attempting to assist a person against whom a | ||
crime of violence is being perpetrated or attempted, if that | ||
attempt of assistance would be expected of a reasonable person | ||
under the circumstances, (4) a person killed or injured in | ||
this State while assisting a law enforcement official |
apprehend a person who has perpetrated a crime of violence or | ||
prevent the perpetration of any such crime if that assistance | ||
was in response to the express request of the law enforcement | ||
official, (5) a person who personally witnessed a violent | ||
crime, (5.05) a person who will be called as a witness by the | ||
prosecution to establish a necessary nexus between the | ||
offender and the violent crime, (5.1) solely for the purpose | ||
of compensating for pecuniary loss incurred for psychological | ||
treatment of a mental or emotional condition caused or | ||
aggravated by the crime, any other person under the age of 18 | ||
who is the brother, sister, half brother, or half sister of a | ||
person killed or injured in this State as a result of a crime | ||
of violence, (6) an Illinois resident who is a victim of a | ||
"crime of violence" as defined in this Act except, if the crime | ||
occurred outside this State, the resident has the same rights | ||
under this Act as if the crime had occurred in this State upon | ||
a showing that the state, territory, country, or political | ||
subdivision of a country in which the crime occurred does not | ||
have a compensation of victims of crimes law for which that | ||
Illinois resident is eligible, (7) the parent, spouse, or | ||
child of a deceased person whose body is dismembered or whose | ||
remains are desecrated as the result of a crime of violence, or | ||
(8) (blank) solely for the purpose of compensating for | ||
pecuniary loss incurred for psychological treatment of a | ||
mental or emotional condition caused or aggravated by the | ||
crime, any parent, spouse, or child under the age of 18 of a |
deceased person whose body is dismembered or whose remains are | ||
desecrated as the result of a crime of violence . | ||
(e) "Dependent" means a relative of a deceased victim who | ||
was wholly or partially dependent upon the victim's income at | ||
the time of his or her death and shall include the child of a | ||
victim born after his or her death. | ||
(f) "Relative" means a spouse, parent, grandparent, | ||
stepfather, stepmother, child, grandchild, brother, | ||
brother-in-law, sister, sister-in-law, half brother, half | ||
sister, spouse's parent, nephew, niece, uncle, aunt, or anyone | ||
living in the household of a person killed or injured in a | ||
relationship that is substantially similar to that of a | ||
parent, spouse, or child. | ||
(g) "Child" means a son or daughter and includes a | ||
stepchild, an adopted child or a child born out of wedlock. | ||
(h) "Pecuniary loss" means : , | ||
(1) in the case of injury, appropriate medical | ||
expenses and hospital expenses including expenses of | ||
medical examinations, rehabilitation, medically required | ||
nursing care expenses, appropriate psychiatric care or | ||
psychiatric counseling expenses, appropriate expenses for | ||
care or counseling by a licensed clinical psychologist, | ||
licensed clinical social worker, licensed professional | ||
counselor, or licensed clinical professional counselor and | ||
expenses for treatment by Christian Science practitioners | ||
and nursing care appropriate thereto; |
(2) transportation expenses to and from medical and | ||
counseling treatment facilities; | ||
(3) prosthetic appliances, eyeglasses, and hearing | ||
aids necessary or damaged as a result of the crime; | ||
(4) expenses incurred for the towing and storage of a | ||
victim's vehicle in connection with a crime of violence, | ||
to a maximum of $1,000; | ||
(5) costs associated with trafficking tattoo removal | ||
by a person authorized or licensed to perform the specific | ||
removal procedure; | ||
(6) replacement costs for clothing and bedding used as | ||
evidence; | ||
(7) costs associated with temporary lodging or | ||
relocation necessary as a result of the crime, including, | ||
but not limited to, the first 2 months' month's rent and | ||
security deposit of the dwelling that the claimant | ||
relocated to and other reasonable relocation expenses | ||
incurred as a result of the violent crime; | ||
(8) locks or windows necessary or damaged as a result | ||
of the crime; | ||
(9) the purchase, lease, or rental of equipment | ||
necessary to create usability of and accessibility to the | ||
victim's real and personal property, or the real and | ||
personal property which is used by the victim, necessary | ||
as a result of the crime ; "real and personal property" | ||
includes, but is not limited to, vehicles, houses, |
apartments, townhouses, or condominiums ; | ||
(10) the costs of appropriate crime scene clean-up; | ||
(11) replacement services loss, to a maximum of $1,250 | ||
per month , with this amount to be divided in proportion to | ||
the amount of the actual loss among those entitled to | ||
compensation ; | ||
(12) dependents replacement services loss, to a | ||
maximum of $1,250 per month , with this amount to be | ||
divided in proportion to the amount of the actual loss | ||
among those entitled to compensation ; | ||
(13) loss of tuition paid to attend grammar school or | ||
high school when the victim had been enrolled as a student | ||
prior to the injury, or college or graduate school when | ||
the victim had been enrolled as a day or night student | ||
prior to the injury when the victim becomes unable to | ||
continue attendance at school as a result of the crime of | ||
violence perpetrated against him or her; | ||
(14) loss of earnings, loss of future earnings because | ||
of disability resulting from the injury . Loss of future | ||
earnings shall be reduced by any income from substitute | ||
work actually performed by the victim or by income the | ||
victim would have earned in available appropriate | ||
substitute work the victim was capable of performing but | ||
unreasonably failed to undertake; loss of earnings and | ||
loss of future earnings shall be determined on the basis | ||
of the victim's average net monthly earnings for the 6 |
months immediately preceding the date of the injury or on | ||
$2,400 per month, whichever is less, or, in cases where | ||
the absences commenced more than 3 years from the date of | ||
the crime, on the basis of the net monthly earnings for the | ||
6 months immediately preceding the date of the first | ||
absence, not to exceed $2,400 per month; , | ||
(15) loss of support of the dependents of the victim. | ||
Loss of support shall be determined on the basis of the | ||
victim's average net monthly earnings for the 6 months | ||
immediately preceding the date of the injury or on $2,400 | ||
per month, whichever is less, or, in cases where the | ||
absences commenced more than 3 years from the date of the | ||
crime, on the basis of the net monthly earnings for the 6 | ||
months immediately preceding the date of the first | ||
absence, not to exceed $2,400 per month. If a divorced or | ||
legally separated applicant is claiming loss of support | ||
for a minor child of the deceased, the amount of support | ||
for each child shall be based either on the amount of | ||
support pursuant to the judgment prior to the date of the | ||
deceased victim's injury or death, or, if the subject of | ||
pending litigation filed by or on behalf of the divorced | ||
or legally separated applicant prior to the injury or | ||
death, on the result of that litigation. Loss of support | ||
for minors shall be divided in proportion to the amount of | ||
the actual loss among those entitled to such compensation; | ||
(16) and, in addition, in the case of death, expenses |
for reasonable funeral, burial, and travel and transport | ||
for survivors of homicide victims to secure bodies of | ||
deceased victims and to transport bodies for burial all of | ||
which may be awarded up to a maximum of $10,000 for each | ||
victim. Other individuals that have paid or become | ||
obligated to pay funeral or burial expenses for the | ||
deceased shall share a maximum award of $10,000, with the | ||
award divided in proportion to the amount of the actual | ||
loss among those entitled to compensation; and and loss of | ||
support of the dependents of the victim; | ||
(17) in the case of dismemberment or desecration of a | ||
body, expenses for reasonable funeral and burial, all of | ||
which may be awarded up to a maximum of $10,000 for each | ||
victim. Other individuals that have paid or become | ||
obligated to pay funeral or burial expenses for the | ||
deceased shall share a maximum award of $10,000, with the | ||
award divided in proportion to the amount of the actual | ||
loss among those entitled to compensation . Loss of future | ||
earnings shall be reduced by any income from substitute | ||
work actually performed by the victim or by income he or | ||
she would have earned in available appropriate substitute | ||
work he or she was capable of performing but unreasonably | ||
failed to undertake. Loss of earnings, loss of future | ||
earnings and loss of support shall be determined on the | ||
basis of the victim's average net monthly earnings for the | ||
6 months immediately preceding the date of the injury or |
on $2,400 per month, whichever is less or, in cases where | ||
the absences commenced more than 3 years from the date of | ||
the crime, on the basis of the net monthly earnings for the | ||
6 months immediately preceding the date of the first | ||
absence, not to exceed $2,400 per month. If a divorced or | ||
legally separated applicant is claiming loss of support | ||
for a minor child of the deceased, the amount of support | ||
for each child shall be based either on the amount of | ||
support pursuant to the judgment prior to the date of the | ||
deceased victim's injury or death, or, if the subject of | ||
pending litigation filed by or on behalf of the divorced | ||
or legally separated applicant prior to the injury or | ||
death, on the result of that litigation. Real and personal | ||
property includes, but is not limited to, vehicles, | ||
houses, apartments, town houses, or condominiums. | ||
" Pecuniary loss " does not include pain and suffering or | ||
property loss or damage. | ||
The changes made to this subsection by Public Act 101-652 | ||
apply to actions commenced or pending on or after January 1, | ||
2022. | ||
(i) "Replacement services loss" means expenses reasonably | ||
incurred in obtaining ordinary and necessary services in lieu | ||
of those the injured person would have performed, not for | ||
income, but for the benefit of himself or herself or his or her | ||
family, if he or she had not been injured. | ||
(j) "Dependents replacement services loss" means loss |
reasonably incurred by dependents or private legal guardians | ||
of minor dependents after a victim's death in obtaining | ||
ordinary and necessary services in lieu of those the victim | ||
would have performed, not for income, but for their benefit, | ||
if he or she had not been fatally injured. | ||
(k) "Survivor" means immediate family including a parent, | ||
stepfather, stepmother, child, brother, sister, or spouse. | ||
(l) "Parent" means a natural parent, adopted parent, | ||
stepparent, or permanent legal guardian of another person. | ||
(m) "Trafficking tattoo" is a tattoo which is applied to a | ||
victim in connection with the commission of a violation of | ||
Section 10-9 of the Criminal Code of 2012. | ||
(Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23; | ||
102-982, eff. 7-1-23; 103-154, eff. 6-30-23.) | ||
(740 ILCS 45/10.1) (from Ch. 70, par. 80.1) | ||
Sec. 10.1. Award Amount of compensation. The awarding of | ||
compensation and the amount of compensation to which an | ||
applicant and other persons are entitled shall be based on the | ||
following factors: | ||
(a) Each A victim may be compensated for his or her | ||
pecuniary loss up the maximum amount allowable . | ||
(b) Each A dependent may be compensated for loss of | ||
support , as provided in paragraph (15) of subsection (h) | ||
of Section 2 . | ||
(c) Any person, even though not dependent upon the |
victim for his or her support, may be compensated for | ||
reasonable expenses of the victim to the extent to which | ||
he or she has paid or become obligated to pay such expenses | ||
and only after compensation for reasonable funeral, | ||
medical and hospital expenses of the victim have been | ||
awarded may compensation be made for reasonable expenses | ||
of the victim incurred for psychological treatment of a | ||
mental or emotional condition caused or aggravated by the | ||
crime. Persons that have paid or become obligated to pay | ||
expenses for a victim shall share the maximum award with | ||
the amount divided in proportion to the amount of the | ||
actual loss among those entitled to compensation. | ||
(d) An award shall be reduced or denied according to | ||
the extent to which the victim's injury or death was | ||
caused by provocation or incitement by the victim or the | ||
victim assisting, attempting, or committing a criminal | ||
act. A denial or reduction shall not automatically bar the | ||
survivors of homicide victims from receiving compensation | ||
for counseling, crime scene cleanup, relocation, funeral | ||
or burial costs, and loss of support if the survivor's | ||
actions have not initiated, provoked, or aggravated the | ||
suspect into initiating the qualifying crime. | ||
(e) An award shall be reduced by the amount of | ||
benefits, payments or awards payable under those sources | ||
which are required to be listed under item (7) of Section | ||
7.1(a) and any other sources except annuities, pension |
plans, Federal Social Security payments payable to | ||
dependents of the victim and the net proceeds of the first | ||
$25,000 of life insurance that would inure to the benefit | ||
of the applicant, which the applicant or any other person | ||
dependent for the support of a deceased victim, as the | ||
case may be, has received or to which he or she is entitled | ||
as a result of injury to or death of the victim. | ||
(f) A final award shall not exceed $10,000 for a crime | ||
committed prior to September 22, 1979, $15,000 for a crime | ||
committed on or after September 22, 1979 and prior to | ||
January 1, 1986, $25,000 for a crime committed on or after | ||
January 1, 1986 and prior to August 7, 1998, $27,000 for a | ||
crime committed on or after August 7, 1998 and prior to | ||
August 7, 2022, or $45,000 per victim for a crime | ||
committed on or after August 7, 2022. For any applicant | ||
who is not a victim, if If the total pecuniary loss is | ||
greater than the maximum amount allowed, the award shall | ||
be divided in proportion to the amount of actual loss | ||
among those entitled to compensation who are not victims . | ||
(g) Compensation under this Act is a secondary source | ||
of compensation and the applicant must show that he or she | ||
has exhausted the benefits reasonably available under the | ||
Criminal Victims' Escrow Account Act or any governmental | ||
or medical or health insurance programs, including, but | ||
not limited to, Workers' Compensation, the Federal | ||
Medicare program, the State Public Aid program, Social |
Security Administration burial benefits, and Veterans | ||
Administration burial benefits, and life, health, | ||
accident, full vehicle coverage (including towing | ||
insurance, if available), or liability insurance. | ||
(Source: P.A. 102-27, eff. 1-1-22; 102-905, eff. 1-1-23 .) | ||
Section 65. The Day and Temporary Labor Services Act is | ||
amended by changing Section 42 as follows: | ||
(820 ILCS 175/42) | ||
Sec. 42. Equal pay for equal work. A day or temporary | ||
laborer who is assigned to work at a third party client for | ||
more than 90 calendar days shall be paid not less than the rate | ||
of pay and equivalent benefits as the lowest paid directly | ||
hired employee of the third party client with the same level of | ||
seniority at the company and performing the same or | ||
substantially similar work on jobs the performance of which | ||
requires substantially similar skill, effort, and | ||
responsibility, and that are performed under similar working | ||
conditions. If there is not a directly hired comparative | ||
employee of the third party client, the day or temporary | ||
laborer shall be paid not less than the rate of pay and | ||
equivalent benefits of the lowest paid direct hired employee | ||
of the company with the closest level of seniority at the | ||
company. A day and temporary labor service agency may pay the | ||
hourly cash equivalent of the actual cost benefits in lieu of |
benefits required under this Section. Upon request, a third | ||
party client to which a day or temporary laborer has been | ||
assigned for more than 90 calendar days shall be obligated to | ||
timely provide the day and temporary labor service agency with | ||
all necessary information related to job duties, pay, and | ||
benefits of directly hired employees necessary for the day and | ||
temporary labor service agency to comply with this Section. | ||
The failure by a third party client to provide any of the | ||
information required under this Section shall constitute a | ||
notice violation by the third party client under Section 95. | ||
For purposes of this Section, the day and temporary labor | ||
service agency shall be considered a person aggrieved as | ||
described in Section 95. For the purposes of this Section, the | ||
calculation of the 90 calendar days may not begin until April | ||
1, 2024. | ||
(Source: P.A. 103-437, eff. 8-4-23.) | ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |